Torres Strait Islander Cultural Heritage Act 2003

This section applies if the Minister is satisfied there are reasonable grounds for concluding—

a person is carrying out or is about to carry out an activity; and

either or both of the following apply—

in carrying out the activity, the person is or will be harming Torres Strait Islander cultural heritage;

the carrying out of the activity is having or will have a significant adverse impact on the cultural heritage value of Torres Strait Islander cultural heritage.

The Minister may give the person a stop order for the activity.

The stop order must be given to the person—

by giving it to the person personally; or

if it is not reasonably practicable to give it to the person personally—by fixing it in a prominent position at the place where the activity is being carried out or is about to be carried out.

The stop order—

operates from when it is given to the person under subsection (3); and

unless it is revoked sooner, continues in force for 30 days from when it is given to the person, or for a shorter period stated in the order.

The Minister may give 1 further stop order of not more than 30 days under this section for the person’s activity.

A person must not knowingly contravene a stop order given to a person under this section.

The penalty amount mentioned in subsection (6) is the maximum penalty amount that may be imposed for an offence under the subsection, even if the offence is committed by a corporation.

A stop order under this section is ineffective in its application to an activity if the activity is the subject of an injunction granted in the exercise of the exclusive jurisdiction the Land Court has for cultural heritage matters under the Land Court Act 2000, section 32H.