Document ID: chunk:federal_register_of_legislation:F2019L00120:reg:6:p1
Version: federal_register_of_legislation:F2019L00120
Segment Type: reg
Provision Reference: reg 6 (pt 1/2)
Character Range: 2225–4925

6  Prohibitions and restrictions with respect to the declared area
 (1) For section 10 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 do any act in, on or near the declared area that will, or is likely to, injure or desecrate the declared area.
Note: 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:
              (i) it is used or treated in a manner inconsistent with Aboriginal tradition;
                  (ii) 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
                  (iii) passage through or over, or entry upon, the area by any person occurs in a manner inconsistent with Aboriginal Tradition.
Note: Under subsection 22(1) of the Act, a person commits an offence if the person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.
(3) Without limiting subsection (2), a person must not:
  (a) pass through or over, or enter, the declared area; or
  (b) conduct any activity that will, or is likely to, damage or deface any rock or land in the declared area; or
 (c) bulldoze, grade, drill, excavate, cut, fill, blast, clear, demolish, tunnel, burn, remove, or otherwise damage land in the declared area; or
 (d) build or construct any road, building or structure in, or intruding into, the declared area; or
 (e) conduct any activity that will, or is likely to, disturb soil or vegetation in the declared area, [except where consistent with a plan of management made under the National Parks and Wildlife Act 1974 (NSW) that has been endorsed by the Awabakal Local Aboriginal Land Council];
 (f) disturb vegetation on land surrounding the declared area in a manner that will increase the visibility of the area.
Note: Under subsection 22(1) of the Act, a person commits an offence if the person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.
 (4) Subsections (2) and (3) do not apply to acts done by an authorised person:
 (a) for the purposes of practising or observing Aboriginal traditions, observances, cultural practices, customs, or beliefs;
 (b) for the purposes of education, research, management, monitoring, revegetation, restoration or rehabilitation; or
 (c) where doing the act is authorised or required by law.
 (5)  A person is an authorised person in relation to the doing of an act if:
 (a)