ABORIGINAL HERITAGE ACT 2006 - SECT 34 Control of activities
ABORIGINAL HERITAGE ACT 2006 - SECT 34
Control of activities(1) Subject to this section, a person must not—
(a) disturb or excavate any land for the purpose of uncovering or discovering Aboriginal cultural heritage; or
(b) carry out scientific research on an Aboriginal place or remove an Aboriginal object from that place for the purpose of that research; or
S. 34(1)(c) amended by No. 11/2016 s. 29(1).
(c) sell an Aboriginal object; or
(d) remove an Aboriginal object from Victoria—
other than in accordance with the terms of a cultural heritage permit if the person knows, or ought reasonably to know, or is reckless as to whether, the cultural heritage is Aboriginal cultural heritage.
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
Note to s. 34(1) substituted as Notes by No. 11/2016 s. 29(2).
Notes
1. Certain permits cannot be obtained in relation to Aboriginal ancestral remains or secret or sacred Aboriginal objects: see section 37(1). The protection of Aboriginal ancestral remains and secret or sacred Aboriginal objects is dealt with in Part 2.
2. Section 187A applies to an offence against this subsection.
(2) Subsection (1) does not apply—
S. 34(2)(a) amended by No. 11/2016 s. 29(3).
(a) to anything done in the course of preparing a cultural heritage management plan in accordance with Part 4 or an Aboriginal cultural heritage land management agreement; or
S. 34(2)(b) amended by No. 11/2016 s. 29(4).
(b) to anything done in accordance with an approved cultural heritage management plan or an Aboriginal cultural heritage land management agreement; or
(c) to a public entity in respect of an Aboriginal object or a collection of Aboriginal objects that the public entity removes from Victoria for the purpose of—
(i) lending the object or collection to a person or body located outside Victoria; or
(ii) returning the object or collection to a person or body outside Victoria that had lent the object or collection to the public entity.
(3) In this section, "public entity" means—
(a) the Museums Board; or
(b) the Council of Trustees of the National Gallery of Victoria (within the meaning of the National Gallery of Victoria Act 1966 ); or
(c) a university; or
(d) a gallery or museum conducted by a body established for a public purpose.
S. 34A inserted by No. 11/2016 s. 30.