(iii) under a native title
agreement or another agreement with a Torres Strait Islander party, unless the
Torres Strait Islander cultural heritage is expressly excluded from being
subject to the agreement; or
(vi) in compliance with native title
protection conditions, but only if the
Torres Strait Islander cultural heritage is expressly or impliedly the subject
of the conditions; or
(c) the excavation, relocation or taking away is necessary
because of an emergency, including for example, a bushfire or other natural
disaster.
(3) For subsection (1) , it does not matter whether the
circumstances of the person’s knowledge arose before the commencement of
this section, or arise after the commencement, or arose partly before the
commencement and arise partly after the commencement.