21
CurrentContinued use of surface
Part 2Ownership, custodianship and possession of Aboriginal cultural heritage
Division 4Other Aboriginal cultural heritage
21 Continued use of surface
(1)
This section applies if Aboriginal cultural heritage is located on the surface of land, and—
(a)
under the tenure on which the land is held, the owner or occupier of the land is entitled to the use and enjoyment of the surface of the land; or
(b)
a person is otherwise entitled to the use and enjoyment of the surface of the land.
(2)
Despite the existence of the Aboriginal cultural heritage, the owner or occupier or other person is entitled to the use and enjoyment of the land to the extent that the person does not unlawfully harm the cultural heritage.
This Act’s bill:Explanatory memorandum
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