ABORIGINAL HERITAGE ACT 2006 - SECT 46 Mandatory cultural heritage management plans
ABORIGINAL HERITAGE ACT 2006 - SECT 46
Mandatory cultural heritage management plans(1) A cultural heritage management plan is required under this Part for a proposed activity if—
(a) the regulations require the preparation of the plan for the activity; or
(b) the Minister directs the preparation of a plan for the activity under section 48; or
S. 46(1)(c) amended by No. 56/2009 s. 264(Sch. 2 item 1.1).
(c) a plan is required for the activity under section 49; or
S. 46(1)(d) inserted by No. 56/2009 s. 264(Sch. 2 item 1.2), amended by No. 11/2016 s. 40(1).
(d) a plan is required for the activity under section 49A; or
S. 46(1)(e) inserted by No. 11/2016 s. 40(2).
(e) the Secretary receives an application for the certification of a preliminary Aboriginal heritage test determining that a proposed activity requires the preparation of a cultural heritage management plan, and the Secretary certifies that the test is correct.
S. 46(2) inserted by No. 11/2016 s. 40(3).
(2) A person is guilty of an offence if—
(a) the person commences an activity for which a cultural heritage management plan is required under this Part; and
(b) a cultural heritage management plan for the activity has not been approved under Division 5; and
(c) at the time of commencing the activity, the person knew the activity required a cultural heritage management plan.
S. 46(3) inserted by No. 11/2016 s. 40(3).
(3) A person who is guilty of an offence under subsection (2) is liable to a penalty not exceeding—
(a) in the case of a natural person,
240 penalty units;
(b) in the case of a body corporate,
1200 penalty units.
S. 46(4) inserted by No. 11/2016 s. 40(3).
(4) A person is guilty of an offence if—
(a) the person commences an activity for which a cultural heritage management plan is required under this Part; and
(b) a cultural heritage management plan for the activity has not been approved under Division 5; and
(c) at the time of commencing the activity, the person was reckless as to whether the activity required a cultural heritage management plan.
S. 46(5) inserted by No. 11/2016 s. 40(3).
(5) A person who is guilty of an offence under subsection (4) is liable to a penalty not exceeding—
(a) in the case of a natural person,
120 penalty units;
(b) in the case of a body corporate,
600 penalty units.
S. 46(6) inserted by No. 11/2016 s. 40(3).
(6) A person is guilty of an offence if—
(a) the person commences an activity for which a cultural heritage management plan is required under this Part; and
(b) a cultural heritage management plan for the activity has not been approved under Division 5; and
(c) at the time of commencing the activity, the person was negligent as to whether the activity required a cultural heritage management plan.
S. 46(7) inserted by No. 11/2016 s. 40(3).
(7) A person who is guilty of an offence under subsection (6) is liable to a penalty not exceeding—
(a) in the case of a natural person,
60 penalty units;
(b) in the case of a body corporate,
300 penalty units.
Note to s. 46 inserted by No. 11/2016 s. 40(3).
Note
Section 187A applies to an offence against subsection (2), (4) or (6).