Document ID: chunk:federal_register_of_legislation:C2004A03448:body:0:p8
Version: federal_register_of_legislation:C2004A03448
Segment Type: other
Provision Reference: 
Character Range: 18258–20924

a decision of the Minister, shall, except for the purposes of subsection 21d (7) or 21e (6), be deemed to be a decision of the Minister and has effect, unless the arbitrator otherwise determines, on and from the day on which the decision of the Minister had effect.
"(3) Where the decision of an arbitrator results in the making of a declaration under section 21d or 21e, or the variation of a declaration made by the Minister under one of those sections, the declaration or variation, as the case may be, has effect on and from the day on which the decision of the arbitrator is made.

Notices
"21g. (1) A local Aboriginal community may cause notices to be placed on or near an Aboriginal place or Aboriginal object in the community area that is the subject of a declaration indicating that the place or object is subject to a declaration of preservation.
"(2) A person authorised in writing by the relevant Aboriginal community may at all reasonable times enter upon any land for the purpose of placing a notice under subsection (1).
"(3) A person shall not destroy, damage, remove or interfere with a notice placed under this section. Penalty:
     (a) if the person is a natural person—$500; or
     (b) if the person is a body corporate—$2,500.

Offence to contravene declaration
"21h. (1) A person who contravenes the terms of a declaration under this Part relating to an Aboriginal place is guilty of an offence punishable, on conviction:
     (a) if the person is a natural person—by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both; or
     (b) if the person is a body corporate—by a fine not exceeding $50,000.
"(2) A person who contravenes the terms of a declaration under this Part relating to an Aboriginal object is guilty of an offence punishable, on conviction:
     (a) if the person is a natural person—by a fine not exceeding $5,000, or imprisonment for a period not exceeding 2 years, or both; or
     (b) if the person is a body corporate—by a fine not exceeding $25,000.

Obligation to protect land
"21j. The making of a declaration relating to an Aboriginal place does not affect any obligation under any Act or law relating to the protection or conservation of land unless the obligation is inconsistent with the declaration.

Aboriginal Cultural Heritage Agreements
"21k. (1) A local Aboriginal community may enter into an Aboriginal Cultural Heritage Agreement with a person who owns or possesses any Aboriginal cultural property in Victoria.
"(2) An agreement may cover the preservation, maintenance, exhibition, sale or use of the property and the rights, needs and wishes of the person and of the