ABORIGINAL CULTURAL HERITAGE ACT 2003 - As at 9 November 2018 - Act 79 of 2003
- As at 9 November 2018 - Act 79 of 2003Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
Division 2 - Purpose of Act
- 4 Main purpose of Act
- 5 Principles underlying Act’s main purpose
- 6 How main purpose of Act is to be achieved
Division 3 - Interpretation
- 7 Definitions
- 8 Meaning of Aboriginal cultural heritage
- 9 Meaning of significant Aboriginal area
- 10 Meaning of significant Aboriginal object
- 11 Extension of evidence of occupation to surroundings
- 12 Identifying significant Aboriginal areas
- 13 Interpretation to support existing rights and interests
PART 2 - OWNERSHIP, CUSTODIANSHIP AND POSSESSION OF ABORIGINAL CULTURAL HERITAGE
Division 1 - Preliminary
- 14 Object and intent
Division 2 - Aboriginal human remains
- 15 Ownership of Aboriginal human remains
- 16 Aboriginal human remains in custody of State
- 17 Possession of Aboriginal human remains
- 18 Knowledge of Aboriginal human remains
Division 3 - Secret and sacred objects
- 19 Ownership and custody of secret or sacred object
Division 4 - Other Aboriginal cultural heritage
- 20 Ownership of Aboriginal cultural heritage
- 21 Continued use of surface
Division 5 - Role of Queensland Museum
- 22 Care of Aboriginal cultural heritage
PART 3 - PROTECTION OF ABORIGINAL CULTURAL HERITAGE
Division 1 - Key cultural heritage protection provisions
- 23 Cultural heritage duty of care
- 24 Unlawful harm to Aboriginal cultural heritage
- 25 Prohibited excavation, relocation and taking away
- 26 Unlawful possession of Aboriginal cultural heritage
- 27 Court may order costs of rehabilitation or restoration
Division 2 - Duty of care guidelines
- 28 Cultural heritage duty of care guidelines
Division 3 - Information about cultural heritage
- 29 Information protection provision
- 30 Putting cultural heritage management plan into effect
- 31 Other activities
Division 4 - Protection of cultural heritage under action of Minister
PART 4 - NATIVE TITLE PARTIES, ABORIGINAL PARTIES AND ABORIGINAL CULTURAL HERITAGE BODIES
- 34 Native title party for an area
- 35 Aboriginal party for an area
- 36 Registration as Aboriginal cultural heritage body
- 37 Function of Aboriginal cultural heritage body
PART 5 - COLLECTION AND MANAGEMENT OF ABORIGINAL CULTURAL HERITAGE INFORMATION
Division 1 - Aboriginal Cultural Heritage Database
- 38 Establishment of database
- 39 Purpose of establishing database
- 40 Placing information on database
- 41 Taking information off database
- 42 Availability of database to public generally
- 43 Availability of database to Aboriginal party
- 44 Availability of database for cultural heritage duty of care purposes
- 45 Availability of database to researcher
Division 2 - Aboriginal Cultural Heritage Register
- 46 Establishment of register
- 47 Purpose of establishing register
- 48 Recording information from cultural heritage study
- 49 Information about cultural heritage management plans
- 50 Keeping register up-to-date
- 51 Availability of register to public generally
PART 6 - CULTURAL HERITAGE STUDIES
Division 1 - Introduction
- 52 Requirements for carrying out cultural heritage study and recording findings
- 53 Roles and responsibilities for carrying out cultural heritage study
- 54 Cultural heritage study guidelines
Division 2 - Preparing to carry out cultural heritage study
- 55 Reference to part of study area may be taken to include reference to whole
- 56 Giving of written notice (proposed study)
- 57 Basic information requirements for written notice (proposed study)
- 58 Additional requirements for notice to Aboriginal cultural heritage body
- 59 Additional requirements for notice to Aboriginal party
- 60 Additional requirements for notice to representative body
- 61 Giving of public notice (proposed study)
- 62 Aboriginal cultural heritage body response to written notice and endorsement for study
- 63 Aboriginal party response to written notice and endorsement for study
- 64 Aboriginal party response to public notice and endorsement for study
- 65 Endorsement for study in absence of response
Division 3 - Carrying out cultural heritage study
- 66 Role of endorsed party
- 67 Role of sponsor
- 68 Engagement of cultural heritage assessors
- 69 Role of cultural heritage assessors
- 70 Consultation supporting cultural heritage study
Division 4 - Recording by chief executive
- 71 Giving of cultural heritage study to chief executive for recording
- 72 Consideration of cultural heritage study before recording
- 73 Requirements for recording cultural heritage study
- 74 Recording or refusing to record findings of cultural heritage study
Division 5 - Objections, hearing and recommendation
- 75 Definitions for div 5
- 76 Objection to refusal to record findings
- 77 Land Court’s hearing
- 78 Land Court’s recommendation to Minister
Division 6 - Recording by Minister
- 79 Recording or refusing to record findings of cultural heritage study
PART 7 - CULTURAL HERITAGE MANAGEMENT PLANS
Division 1 - Introduction
- 80 When cultural heritage management plan is or may be required—div 2
- 81 Requirements for developing cultural heritage management plan and having it approved—divs 3 to 7
- 82 Responsibility for developing cultural heritage management plan
- 83 Voluntary development of cultural heritage management plan
- 84 Approved cultural heritage management plan may not require particular action
- 85 Cultural heritage management plan guidelines
Division 2 - Protection of cultural heritage under cultural heritage management plans
- 86 Application of div 2
- 87 Cultural heritage management plan needed if EIS needed
- 88 Cultural heritage management plan may be needed if other environmental authority needed 89. (Repealed)
Division 3 - Preparing to develop cultural heritage management plan
- 90 Reference to part of plan area may be taken to include reference to whole
- 91 Giving of written notice (proposed plan)
- 92 Basic information requirements for written notice (proposed plan)
- 93 Additional requirements for notice to Aboriginal cultural heritage body
- 94 Additional requirements for notice to Aboriginal party
- 95 Additional requirements for notice to representative body
- 96 Giving of public notice (proposed plan)
- 97 Aboriginal cultural heritage body response to written notice and endorsement for plan
- 98 Aboriginal party response to written notice and endorsement for plan
- 99 Aboriginal party response to public notice and endorsement for plan
- 100 Becoming Aboriginal party after written notice (proposed plan) is given
- 101 Endorsement for plan in absence of response
Division 4 - Development of cultural heritage management plan
- 102 Role of endorsed party
- 103 Role of sponsor
- 104 Consultation
- 105 Reaching agreement
- 106 Mediation
Division 5 - Approval by chief executive
- 107 Chief executive approval of plan
- 108 Consideration of plan before approval if no endorsed party
- 109 Approving or refusing to approve plan if no endorsed party
Division 6 - Objection or referral, hearing and recommendation
- 110 Definitions for div 6
- 111 Objection to Land Court to refusal to approve agreed plan
- 112 Sponsor may refer plan to Land Court after unsuccessful mediation
- 113 Sponsor may refer plan to Land Court after failure to agree
- 114 Administrative details for objection or referral
- 115 Substantive requirements for objection or referral
- 116 Land Court’s hearing
- 117 Land Court’s recommendation to Minister
- 118 Reaching the recommendation
- 119 General time requirement for making recommendation
Division 7 - Approval by Minister
- 120 Approving or refusing to approve plan
PART 8 - INVESTIGATION AND ENFORCEMENT
Division 1 - Authorised officers
- 121 Appointment and qualifications
- 122 Appointment conditions and limit on powers
- 123 Issue of identity card
- 124 Production or display of identity card
- 125 When authorised officer ceases to hold office
- 126 Resignation
- 127 Return of identity card
Division 2 - Powers of authorised officers
Subdivision 1 - Entry of places- 128 Power to enter places Subdivision 2 - Procedure for entry
- 129 Entry with consent
- 130 Application for warrant
- 131 Issue of warrant
- 132 Special warrants
- 133 Warrants—procedure before entry Subdivision 3 - Powers after entry
- 134 General powers after entering places
- 135 Failure to help authorised officer
- 136 Failure to give information Subdivision 4 - Power to seize evidence
- 137 Seizing evidence at a place that may be entered without consent or warrant
- 138 Seizing evidence at a place that may only be entered with consent or warrant
- 139 Securing seized things
- 140 Tampering with seized things
- 141 Power to support seizure
- 142 Receipts for seized things
- 143 Return of seized things
- 144 Access to seized things Subdivision 5 - Power to obtain information
- 145 Power to require name and address
- 146 Failure to give name or address
Division 3 - General enforcement matters
- 147 Notice of damage
- 148 Compensation
- 149 False or misleading information
- 150 False or misleading documents
- 151 Obstructing authorised officers
PART 9 - MISCELLANEOUS PROVISIONS
- 152 Delegations
- 153 Access to land
- 154 Advisory committees
- 155 Purchase or compulsory acquisition to protect cultural heritage
- 156 Proceedings for an offence
- 157 Review of Act
- 158 Approval of forms
- 159 Regulation-making power
PART 10 - REPEAL
- 160 Repeal of Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987
PART 11 - TRANSITIONAL AND VALIDATION PROVISIONS
Division 1 - Transitional provisions for Act No. 79 of 2003
- 161 Confirmation of ownership of Aboriginal cultural heritage before commencement
- 162 Recording information about designated landscape areas
- 163 Foundation material for database
- 164 Existing agreement for carrying out activity
- 165 Permit under repealed Act
- 166 Authority obtained before commencement
- 167 Cultural heritage arrangements for project authorised before commencement
- 168 Cultural heritage arrangements for project not authorised before commencement
- 169 References to repealed Act