ABORIGINAL HERITAGE ACT 2006 - SECT 67A Sponsor must comply with approved cultural heritage management plan

ABORIGINAL HERITAGE ACT 2006 - SECT 67A

    (1)     The sponsor of an approved cultural heritage management plan is guilty of an offence if—

        (a)     the sponsor by an act or omission fails to comply with the conditions of the approved cultural heritage management plan; and

        (b)     at the time of the act or omission the sponsor knew that the act or omission failed to comply with the conditions of the plan.

    (2)     A sponsor of an approved cultural heritage management plan who is guilty of an offence under subsection (1) is liable to a penalty not exceeding—

        (a)     in the case of a natural person,

600 penalty units;

        (b)     in the case of a body corporate,

3000 penalty units.

    (3)     The sponsor of an approved cultural heritage management plan is guilty of an offence if—

        (a)     the sponsor by an act or omission fails to comply with the conditions of the approved cultural heritage management plan; and

        (b)     at the time of the act or omission the sponsor was reckless as to whether the act or omission failed to comply with the conditions of the plan.

    (4)     A sponsor of an approved cultural heritage management plan who is guilty of an offence under subsection (3) is liable to a penalty not exceeding—

        (a)     in the case of a natural person,

300 penalty units;

        (b)     in the case of a body corporate,

1500 penalty units.

    (5)     The sponsor of an approved cultural heritage management plan is guilty of an offence if—

        (a)     the sponsor by an act or omission fails to comply with the conditions of the approved cultural heritage management plan; and

        (b)     at the time of the act or omission the sponsor was negligent as to whether the act or omission failed to comply with the conditions of the plan.

    (6)     A sponsor of an approved cultural heritage management plan who is guilty of an offence under subsection (5) 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

Section 187A applies to an offence against subsection (1), (3) or (5).

Part 5—Cultural heritage agreements

Division 1—Making and amendment of agreements