Aboriginal Heritage (Transitional Provisions) Regulations 2023 (WA)

Western Australia Aboriginal Heritage Act 1972 Aboriginal Heritage (Transitional Provisions) Regulations 2023 Western Australia Aboriginal Heritage (Transitional Provisions) Regulations 2023 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Purpose 1 4. Terms used 1 Part 2 — Local Aboriginal cultural heritage services 5. Recovery of fees by local Aboriginal cultural heritage service for services provided before repeal day 3 6. Refund of fees charged by local Aboriginal cultural heritage service before repeal day for services not provided 4 Part 3 — Remains and objects 7. Aboriginal ancestral remains transferred to Committee 5 8. Duty of organisations to return Aboriginal ancestral remains 5 9. Secret or sacred objects transferred to Committee 5 10. Duty of prescribed public authorities to return secret or sacred objects 6 Part 4 — Protected areas 11. Application for area to be declared as protected area 7 12. Endorsements and notations 7 Part 5 — Matters relating to offences under Part 5 of 2021 Act 13. Compensation for harm 8 14. Letter of advice may be used in evidence 9 Part 6 — Section 18 consents and other authorisations, approvals and consents Division 1 — ACH permits 15. ACH permits transitioned as s. 18 consents 10 16. Applications for ACH permits transitioned as s. 18 notices 12 Division 2 — ACH management plans 17. Term used: proponent 13 18. Approvals of ACH management plans transitioned as s. 18 consents 13 19. Authorisations of ACH management plans transitioned as s. 18 consents 15 20. Applications for approval of ACH management plans transitioned as s. 18 notices 17 21. Applications for authorisation of ACH management plans transitioned as s. 18 notices 18 Division 3 — Other matters 22. Previous consents under s. 18 of Act 19 23. Marandoo Act area 20 24. Previous other authorisations, approvals and consents 20 25. Conditions under s. 18(6) of Act 21 26. Application of s. 18B of Act 22 27. Outstanding notices under s. 18(2) of Act 22 Part 7 — Defences to certain charges 28. Application of Part 24 29. Defence based on s. 96 and 98(a) of 2021 Act 24 30. Defence based on s. 98(d) of 2021 Act 27 Part 8 — Remediation 31. Authorisations to carry out remediation if remediation order contravened 29 32. Recovery of remediation costs 30 33. Recovery of costs by person given remediation order 30 Part 9 — ACH Directory 34. Transfer of information and documents included on ACH Directory 31 Part 10 — Securing compliance Division 1 — Preliminary 35. Terms used 32 Division 2 — Application of Criminal Investigation Act 2006 36. Authorised officers 32 37. Authorised officers to be public officers under CI Act 32 38. Entering Aboriginal places 33 39. Dealing with Aboriginal ancestral remains 33 40. Forensic examination of Aboriginal objects 34 Division 3 — Seized things 41. Security of seized things 34 42. Dealing with, and forfeiture of, seized things 35 43. Dealing with seized Aboriginal objects 35 44. Application of Criminal and Found Property Disposal Act 2006 36 Part 11 — Other matters 45. Revival of things that ceased to have effect before repeal day 37 46. Things previously done by or in relation to Aboriginal Cultural Material Committee 38 47. Disclosure of information under s. 303 of 2021 Act 38 48. Protection from liability for wrongdoing 38 49. Records of ACH Council 39 50. Confidentiality 39 51. Use of information 41 52. References to Aboriginal Cultural Heritage Act 2021 42 53. Delegations by Minister 42 54. Delegations by chief executive officer 42 Notes Compilation table 43 Defined terms Aboriginal Heritage Act 1972 Aboriginal Heritage (Transitional Provisions) Regulations 2023