TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 153
Access to land
TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 153
Access to land
153 Access to land
(1) A person who wishes to enter land to perform an activity (the
"cultural heritage activity" ) under this Act must consult with the owner or
occupier of the land about obtaining the necessary access.
Example—
The
sponsor for a cultural heritage management plan would need to consult with the
owner or occupier of land to obtain access required to properly assess
Torres Strait Islander cultural heritage values for developing the plan.
(2) However, if the person is authorised under another Act to enter the land
to carry out activities for a project, and the cultural heritage activity is a
necessary complementary or ancillary activity to the project—
(b) unless otherwise agreed between the
person and the owner or occupier, the conditions of access that apply are the
same conditions of access that apply under the other Act.
(3) The authority
given to the person under subsection (2) extends to agents and employees of
the person acting under the authority of the person.
(4) If the person is the
sponsor for a cultural heritage management plan, the authority also extends to
endorsed parties for the plan and their representatives, if their access to
the land is—