Archaeological and Aboriginal Relics Preservation Regulations 2003

Version No. 001

Archaeological and Aboriginal Relics Preservation Regulations 2003

S.R. No. 49/2003

Version as at 14 July 2003

table of provisions

Regulation Page

v

Regulation Page

1. Objectives 1

2. Authorising provision 1

3. Commencement 1

4. Revocation 1

5. Definition 2

6. Excavation permits 2

7. Fee for a permit to excavate relics 3

8. Survey and site information 3

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SCHEDULES 4

SCHEDULE 1—Excavation Permit 4

SCHEDULE 2—Notification of Intention to Carry Out a Survey 5

SCHEDULE 3—Site Record Form 6

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ENDNOTES 10

1. General Information 10

2. Table of Amendments 11

3. Explanatory Details 12

v

Version No. 001

Archaeological and Aboriginal Relics Preservation Regulations 2003

S.R. No. 49/2003

Version as at 14 July 2003

1

S.R. No. 49/2003

Archaeological and Aboriginal Relics Preservation Regulations 2003

1. Objectives

The objectives of these Regulations are—

(a) to prescribe information to be provided in an application for a permit to uncover, expose or excavate for any relic, the form of permit to be used, and conditions on the permit; and

(b) to prescribe the fee for a permit to uncover, expose or excavate for any relic; and

(c) to prescribe the form to be lodged by any person intending to undertake a site survey, and the information to be provided as a result of such survey.

2. Authorising provision

These Regulations are made under section 32 of the Archaeological and Aboriginal Relics Preservation Act 1972.

3. Commencement

These Regulations come into operation on 14 July 2003.

4. Revocation

The Archaeological and Aboriginal Relics Preservation Regulations 1992[1] are revoked.

5. Definition

r. 5

In these Regulations—

"the Act" means the Archaeological and Aboriginal Relics Preservation Act 1972.

6. Excavation permits

(1) For the purposes of section 22 of the Act, an applicant seeking a permit from the Minister to uncover or expose any relic or excavate for any relic must provide—

(a) the name and address of the applicant; and

(b) a description of the site under consideration, including its identification number (if any) as recorded in the register maintained for the purposes of section 10(a) of the Act; and

(c) details of the location of the site, including its specific Australian Map Grid co‑ordinates; and

(d) the cadastral description of the land on which the site is located, along with details of its ownership and of any body responsible for its administration; and

(e) the proposed starting date and duration of the excavation; and

(f) a statement of the reasons why the site has been selected for excavation; and

(g) a description of any consultation undertaken with the relevant Aboriginal community in relation to the proposed excavation; and

(h) a description of the methodology proposed for carrying out the excavation project; and

(i) any other particulars required by the Minister in relation to the capacity of the applicant to carry out the excavation project and to report on the results obtained in accordance with the Act and these Regulations.

(2) A permit under section 22(2) of the Act must—

(a) be in the form of Schedule 1; and

(b) be issued subject to the conditions that the person to whom the permit is granted must—

(i) be responsible for the manner in which the excavation is conducted; and

(ii) ensure that any portable relics excavated during the project are properly conserved and stored; and

(iii) ensure that the site is properly restored and stabilised following excavation.

7. Fee for a permit to excavate relics

r. 7

For the purposes of section 22(2) of the Act, the prescribed fee for a permit to uncover or expose any relic or excavate for any relic is $12.

8. Survey and site information

For the purposes of section 22(5) of the Act—

(a) notification to the Secretary of intention to undertake a survey must be in the form of Schedule 2; and

(b) site information collected during a survey must be provided to the Secretary as follows—

(i) a completed record for each individual site, in the form of Schedule 3; and

(ii) 2 copies of any final report that may result from the survey, one of which may be provided in electronic form.

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SCHEDULES

SCHEDULE 1

Sch. 1

Regulation 6(2)(a)

Excavation Permit

(Name)

of

(Address)

is authorised to uncover or expose any relic or excavate for any relic on the land described below.

(Description of land)

situated within the area described as

and shown hatched on the accompanying map.

This permit is issued subject to the attached terms, conditions and limitations.

Dated:

Minister

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SCHEDULE 2

Sch. 2

Regulation 8(a)

Notification of Intention to Carry Out a Survey

I/We* the undersigned give notice that I/We* intend to undertake a survey for Aboriginal archaeological sites in the area described as

and shown hatched on the accompanying map.

It is my/our* intention to conduct the survey between the dates of

and

Name:

Address:

Signature:

Dated:

* Strike out where not applicable

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SCHEDULE 3

Sch. 3

Regulation 8(b)(i)

Site Record Form

Sch. 3

Sch. 3

Sch. 3

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ENDNOTES

Endnotes

1. General Information

The Archaeological and Aboriginal Relics Preservation Regulations 2003, S.R. No. 49/2003 were made on 3 June 2003 by the Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council under section 32 of the Archaeological and Aboriginal Relics Preservation Act 1972, No. 8273/1972 and came into operation on 14 July 2003.

The Archaeological and Aboriginal Relics Preservation Regulations 2003 will sunset 10 years after the day of making on 3 June 2013 (see section 5 of the Subordinate Legislation Act 1994).

2. Table of Amendments

Endnotes

There are no amendments made to the Archaeological and Aboriginal Relics Preservation Regulations 2003 by statutory rules, subordinate instruments and Acts.

3. Explanatory Details

Endnotes

1

[1] Reg. 4: S.R. No. 218/1992.