ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION ACT 1984 - SECT 18 Emergency declarations in relation to areas or objects

ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION ACT 1984 - SECT 18

  (1)   Where:

  (a)   at any time, an authorized officer is satisfied that:

  (i)   an area is a significant Aboriginal area, an object is a significant Aboriginal object or a class of objects is a class of significant Aboriginal objects;

  (ii)   the area or object is, or objects are, under serious and immediate threat of injury or desecration; and

  (iii)   in the case of an area--the circumstances of the case would justify the making of a declaration under section   9, but the injury or desecration is likely to occur before such a declaration can be made; and

  (b)   no declaration has been made under this section in relation to the area, object or objects within 3 months before that time by reason of a threat that is substantially the same as the threat referred to in subparagraph   ( a)(ii);

the officer may make a declaration for the purposes of this section.

  (2)   A declaration under subsection   ( 1):

  (a)   shall be in writing;

  (b)   shall specify the period, not exceeding 48 hours, for which it is to remain in effect;

  (c)   shall:

  (i)   where the declaration relates to an area--describe the area with sufficient particulars to enable the area to be identified; or

  (ii)   where the declaration relates to an object or a class of objects--describe the object or objects with sufficient particulars to enable the object or objects to be identified; and

  (d)   shall contain provisions for and in relation to the protection and preservation of the area, object or objects from injury or desecration, including, in the case of Aboriginal remains, provisions for their custody.

  (2A)   A declaration under subsection   ( 1) cannot prevent the export of an object if there is a certificate in force under section   12 of the Protection of Movable Cultural Heritage Act 1986 authorising its export.

  (2B)   A declaration under subsection   ( 1) is not a legislative instrument.

  (3)   A declaration under subsection   ( 1) may be revoked or varied at any time, by instrument in writing, by the Minister or any authorized officer.