Aboriginal and Torres Strait Islander Heritage Protection (Bellwood Sacred Site) Emergency Declaration 2018
I, Melissa Price, Minister for the Environment, make the following declaration under section 9(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.
Dated 18 November 2018
Melissa Price
Minister for the Environment
1 Name
This instrument is the Aboriginal and Torres Strait Islander Heritage Protection (Bellwood Sacred Site) Emergency Declaration 2018.
This instrument commences on the day after registration.
This instrument is made under section 9 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.
In this instrument:
Act means the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.
specified area means the area described in section 5 of this instrument.
Note: A number of expressions used in this instrument are defined in the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, including the following:
(a) Aboriginal;
(b) area; and
(c) significant Aboriginal area.
Part 2—Emergency declaration to preserve and protect a significant Aboriginal area
5 Specified area
For the purpose of subsection 9(1) of the Act, the specified area to which this declaration applies is the area known as ‘Bellwood Sacred Site’ in Nambucca Heads in New South Wales, found at the coordinates specified in the map below.
6 Declaration
(1) The specified area is declared under section 9 of the Act to be preserved and protected from injury or desecration in the manner specified in subsection (2).
(2) A person must not:
(a) undertake any action that will, or is likely to, adversely affect the use or significance of the specified area in accordance with Aboriginal tradition.
(b) conduct any clearing activities, preliminary activites associated with clearing, or any other act that will, or is likely to, injure or desecrate the specified area.
Penalty:
(a) if the person is a natural person—imprisonment for 5 years or 100 penalty units, or both; or
(b) if the person is a body corporate—500 penalty units.
7 Period of effect
This instrument has effect for 30 days beginning on the date this instrument commences.
8 Repeal
This instrument is repealed the day after the end of the period specified in section 7 of this instrument.