Document ID: chunk:federal_register_of_legislation:F2024L00999:clause:1_6
Version: federal_register_of_legislation:F2024L00999
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 3067–4922

6  Protection and preservation of declared area
       (1)    For the purposes of subsection 10(1) and paragraph 11(b) of the Act, the declared area is a significant Aboriginal area that is to be preserved and protected from injury and desecration.
       (2)    A person must not engage in any conduct that will, or is likely to, injure or desecrate the declared area.

         Note 1: Subsection 3(2) of the Act relevantly states that for the purposes of the Act, an area shall be taken to be injured or desecrated if:
            (a)       it is used or treated in a manner inconsistent with Aboriginal tradition;
            (b)       by reason of anything done in, on or near the area, the use or significance of the area in accordance with Aboriginal tradition is adversely affected; or
            (c)       passage through or over, or entry upon, the area by any person occurs in a manner inconsistent with Aboriginal tradition.
         Note 2:   A person commits an offence if the person engages in conduct that contravenes this provision: see subsection 22(1) of the Act.
       (3)    Without limiting subsection (2), a person must not:
         (a)    undertake any mining activities within the declared area; or
         (b)    construct any bulk earthworks on the declared area; or
         (c)    seal any part of the declared area, including with concrete; or
         (d)    undertake any activity that will, or is likely to, significantly alter the landform or course of water flowing within the declared area; or
         (e)    conduct any drilling activities or preliminary activities associated with drilling; or
         (f)     conduct any clearing activities or preliminary activities associated with clearing; or
         (g)    disturb native vegetation or soil in a way that will, or is likely to, damage the declared area.