Division 9Division 9 Protection of certain relics
In this Division:excavation permit means an excavation permit referred to in section 139.
historic shipwreck has the same meaning as it has in Part 3C.
historic shipwrecks permit means a historic shipwrecks permit referred to in section 51.
permit means an excavation permit or historic shipwrecks permit.
relic includes a historic shipwreck.
139 Excavation permit required in certain cases
(1) A person must not disturb or excavate any land knowing or having reasonable cause to suspect that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed unless the disturbance or excavation is carried out in accordance with an excavation permit.(2) A person must not disturb or excavate any land on which the person has discovered or exposed a relic except in accordance with an excavation permit.(3) This section does not apply to a relic that is subject to an interim heritage order made by the Minister or a listing on the State Heritage Register.(4) The Heritage Council may by order published in the Gazette create exceptions to this section, either unconditionally or subject to conditions, in respect of any of the following:(a) any relic of a specified kind or description,(b) any disturbance or excavation of a specified kind or description,(c) any disturbance or excavation of land in a specified location or having specified features or attributes,(d) any disturbance or excavation of land in respect of which an archaeological assessment approved by the Heritage Council indicates:(i) that there is little likelihood of there being any relics in the land, or(ii) that any relics in the land are unlikely to have State or local heritage significance.(5) This section does not prevent a person from disturbing or excavating land in which a historic shipwreck is situated in accordance with a historic shipwrecks permit in force in respect of that shipwreck.
(1) A person may make an application to the Heritage Council for the issue to the person of a permit.(2) The application shall be in the approved form and shall be accompanied by such fee as may be prescribed.
141 Determination of application
(1) The Heritage Council may determine an application for a permit:(a) by issuing a permit, either unconditionally or subject to such conditions as it thinks proper to impose, or(b) by refusing to issue a permit.(2) Where the Heritage Council fails to determine an application for a permit within 21 days after the date of that application, it shall, for the purpose only of section 142, be deemed to have determined that application by refusing to issue a permit.
142 Appeals arising from applications for permits
An applicant dissatisfied with a determination of the Heritage Council with respect to his or her application for a permit may appeal to the Minister.
(1) The Minister may, with respect to an appeal made under section 142:(a) dismiss the appeal,(b) allow the appeal, either unconditionally or subject to such conditions as the Minister thinks proper to impose, or(c) where the appeal is against the imposition of conditions, refuse to approve the application for a permit from the determination of which the appeal has been made.(2) The decision of the Minister under subsection (1) shall be final and shall have effect as if it were a determination of the Heritage Council.
144 Variation or revocation of permit
The Heritage Council may, by notice in writing to the holder of a permit:(a) where that permit has been issued unconditionally, impose conditions to which that permit shall be subject,(b) where that permit has been issued subject to conditions, vary the conditions of that permit, or(c) revoke that permit.
145 Appeals arising from variation or revocation of permits
(1) The holder of a permit dissatisfied with the variation or revocation of that permit may appeal to the Minister.(2) Section 143, section 143 (1) (c) excepted, applies in respect of an appeal made under subsection (1) in the same way as it applies in respect of an appeal made under section 142.
146 Notification of discovery of relic
A person who is aware or believes that he or she has discovered or located a relic (in any circumstances, and whether or not the person has been issued with a permit) must:(a) within a reasonable time after he or she first becomes aware or believes that he or she has discovered or located that relic, notify the Heritage Council of the location of the relic, unless he or she believes on reasonable grounds that the Heritage Council is aware of the location of the relic, and(b) within the period required by the Heritage Council, furnish the Heritage Council with such information concerning the relic as the Heritage Council may reasonably require.
146A Disposition of certain relics
(1) As soon as practicable after a relic is obtained from an excavation carried out by the holder of a permit, the holder shall notify the Minister of the existence of the relic.(2) The holder shall furnish the Minister with such information concerning the relic as the Minister may reasonably require.
146B Minister may direct that relic be given to museum or other conservation body
(1) The Minister may, by notice in writing, direct any person:(a) who is or has been the holder of a permit, or(b) who, in the Minister’s opinion, has obtained a historic shipwreck as a consequence of having removed the relic without a historic shipwrecks permit, in contravention of section 51, or(c) who, in the Minister’s opinion, has obtained a relic as a consequence of having excavated land without an excavation permit, in contravention of section 139,to deliver the relic to a specified person or body (such as a museum) who in the opinion of the Minister has the facilities and expertise to conserve the relic.(2) Such a direction may be given on the ground that the person has obtained the relic as a consequence of:(a) having removed the relic without a historic shipwrecks permit, in contravention of section 51, or(b) having excavated land without an excavation permit, in contravention of section 139,whether or not the person has been prosecuted or convicted of an offence in respect of the alleged contravention.
146C Forfeiture of certain relics
(1) A relic the subject of a direction under section 146B shall be forfeited to the Crown.(2) No compensation is payable to any person as a consequence of the forfeiture of a relic under this section.