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s 28

Damage to or disposal of objects

In force
Part 5Special protection
Division 1Places or objects of particular significance

28 Damage to or disposal of objects

(1)

A person must not, without a permit from the Council, damage, destroy or dispose of—

(a)

a geological, palaeontological or speleological specimen removed from a State Heritage Place designated as a place of geological, palaeontological or speleological significance (whether removed before or after the entry of that place in the Register); or

(b)

an archaeological artefact removed from a State Heritage Place designated as a place of archaeological significance (whether removed before or after the entry of that place in the Register).

Maximum penalty: $75 000.

(2)

A person must not, without a permit from the Council, damage, destroy or dispose of an object entered in the Register (either as a provisional or confirmed entry) under section 14(2)(b).

Maximum penalty: $75 000.

(3)

A person must not, without a permit from the Council, alter an object entered in the Register (either as a provisional or confirmed entry) under section 14(2)(b) in a way that would materially affect the heritage significance of the object.

Maximum penalty: $75 000.

(4)

It is a defence to a charge of an offence under subsection (1),

(2)

or (3) if it is proved that the defendant did not know, and could not by the exercise of reasonable diligence be expected to have known, that the specimen or artefact came from a State Heritage Place with the relevant designation, or that the object was entered in the Register (as the case may be).

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