Aboriginal Heritage Regulations 1974

means a member of the Committee appointed under section 29(1) of the Act; and

has a meaning affected by regulation 26(3) and (4);

apply in relation to any Aboriginal site or protected area or land held subject to a covenant in favour of the Minister in relation to which the Minister has a duty under the Act;

do not affect the rights of any person of Aboriginal descent who usually lives subject to Aboriginal customary law;

do not apply to any traditional custodian or Committee member, to the Minister, the Registrar, any officer of the Department, or to any person duly authorised under the Act, whilst lawfully acting in the performance of their duties in relation to any land or buildings to which the provisions of this Part apply.

may determine to what protected areas or portion of a protected area the public, or any person or class of persons specified by the Minister, shall be admitted and the conditions upon which admittance shall be allowed; and

may restrict access to any protected area, or any portion thereof, either generally or in relation to a specified person or class of persons, at any time, whether otherwise open to admission or not.

The Minister may, by notice —

served personally; or

erected or displayed in a prominent position on or near that land; or

published in the Gazette,

A person shall not, without the consent of the Minister or the Registrar, enter or remain on any protected area to which the public is not admitted or contrary to the conditions upon which the public is admitted, or contrary to the provisions of a notice given under subregulation (1).

fails to obey any reasonable direction of the Minister, the Registrar, or any officer of the Department or a warden; or

wilfully obstructs the Minister, the Registrar, or any officer of the Department or a warden in the execution of their duty, or fails or refuses to state the person’s name and address when lawfully required to do so, or states a false name or address, or fails or refuses to leave that land when required to do so; or

behaves in a disorderly manner, or uses violent or abusive or offensive language, or creates or takes part in any disturbance, or causes a nuisance, or wilfully disturbs or annoys any other person in the proper use of that land, or permits any animal belonging to the person or under the person’s control to enter upon or cause damage to any land; or

without the consent of the Minister or the Registrar, handles, marks, defaces, moves, disturbs, uncovers, damages, destroys, or removes any specimen, relic, artifact, inscription, arrangement, or other object or exhibit in the possession or care of the Minister, or wilfully disturbs the general surrounding environment,

any person behaving in a disorderly manner;

any person who appears to be intoxicated;

any person who appears to be using the land for any unlawful purpose or for a purpose contrary to the objects of the Act;

any person who has committed a breach of these regulations if it appears that their continued presence may lead to a further breach of the regulations.

alter, damage, or destroy any notice, boundary, fence, shelter, grille, cutting, drain, protective work or other thing which the Registrar or any officer of the Department has, or has caused to be, erected, constructed, made or placed thereon or therein; or

dig any hole or otherwise disturb the surface of the ground, or remove or disturb any stone, soil, sand, rock or gravel, or any other natural object; or

cut, pick, pull, break, remove, take, injure, poison, strip or destroy any tree, shrub, herb, grass or other plant or part thereof whether living or dead; or

post, stick, stamp, stencil, paint, draw or otherwise affix or make any mark, symbol, lettering, notice, advertisement poster, sign or document of any description; or

except in a place approved or provided for the purpose —

drive, tow, operate or park any vehicle; or

camp, erect tents or shelters, light fires or make fireplaces; or

deposit or leave any refuse, rubbish or litter; or

take, ride or drive, graze or agist any horse, cattle, sheep, goat, camel, donkey or pig, or allow any such animal to remain;

sell any food, beverage or other article; or

unlock, unfasten or leave open any gate unless duly authorised to do so; or

except with the prior written approval of the Minister, or the Registrar, and in accordance with such requirements as they may impose, take any photograph or make any recording for the purpose of commercial reproduction or publication.

For the purposes of section 50(1) of the Act, the powers of a warden are those set out in the Act and these regulations, limited according to the terms of their appointment.

For the purposes of section 50(2) of the Act, a warden shall be furnished with a certificate in the form of Form 1 set out in the Schedule.

In this regulation —

This regulation has effect for the purposes of paragraph (d) of the definition of native title party in section 18(1AA) of the Act.

Murujuga Aboriginal Corporation (ABN 51 627 395 274) is prescribed in relation to land in the area described in the Murujuga land dataset.

Badimia Land Aboriginal Corporation (ABN 31 775 861 208) is prescribed in relation to land (the relevant land) if —

the relevant land is in the area described in the Badimia land dataset; and

there is no other native title party in relation to the relevant land under paragraph (a), (b) or (c) of the definition of native title party in section 18(1AA) of the Act.

A body listed in the Table to this subregulation is prescribed in relation to land (the relevant land) if —

the relevant land is in the specified area or representative body area for the body (as is relevant); and

there is no other native title party in relation to the relevant land.

The CEO must ensure that the Badimia land dataset and the Murujuga land dataset are publicly available on the Department’s website.