Removal of part of heritage place
112 Removal of part of heritage place
A person commits an offence if the person:
knows a place is a heritage place; and
removes a part of the place.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
A person must not remove a part of a heritage place.
Maximum penalty: 100 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
Subsections (1) and (2) do not apply if:
(a) the object is in the possession of a person or group who, according to Aboriginal tradition, have a right to possess it; and
(b) the person removes the part of the heritage place in accordance with Aboriginal tradition.
In addition, subsections (1) and (2) do not apply if:
the removal is carried out in accordance with:
a heritage agreement; or
a work approval; or
(b) the removal is authorised under the declaration of the heritage place or object; or
a repair order; or
the removal is exempt work.
(6) Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant establishes a reasonable excuse.
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