Torres Strait Islander Cultural Heritage Act 2003

The following Torres Strait Islander cultural heritage is not in the ownership of the State—

human remains and secret or sacred objects owned by Torres Strait Islanders under division 2 or 3;

Torres Strait Islander cultural heritage passing into the ownership of a Torres Strait Islander party under this Act;

Torres Strait Islander cultural heritage owned by a person whose ownership is confirmed under a provision of this Act;

Torres Strait Islander cultural heritage owned by a person to whom ownership is lawfully transferred.

Otherwise, the State owns Torres Strait Islander cultural heritage.

Subsection (2) applies to an object or evidence that is Torres Strait Islander cultural heritage even if the object or evidence—

forms, or has previously formed, part of land; or

is located, or has previously been located, in, on or under land.

Subsections (2) and (3) do not operate to give the State ownership of—

land in which is situated an object or evidence that becomes owned by the State under subsection (2); or

any other land.