Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 71

71. (1) In this section— “order” means an order referred to in subsection (2).

(2) The Minister may make an order under Division 3 of Part VI in relation to the disturbance, damage or destruction of an unregistered Aboriginal place except where—

        (a)     a declaration under paragraph 69 (1) (b) or 73 (1) (b) is in force in relation to that place; or

        (b)     the place has previously been registered.

(3) For the purposes of Division 3 of Part VI in its application to an order, the disturbance, damage or destruction referred to in subsection (2) is to be taken to be a controlled activity.

(4) In deciding whether to make an order, the Minister shall consider whether the relevant controlled activity is likely to affect adversely the heritage significance of the place.

(5) An order—

        (a)     shall specify the grounds on which the order is made; and

        (b)     may direct any person against whom it is made—

              (i)     to stop disturbing, damaging or destroying an unregistered Aboriginal place; or

              (ii)     not to commence disturbing, damaging or destroying such a place.

(6) An order shall remain in force for such period, not exceeding 35 days, as is specified in the order.

(7) Subsection 256 (5) does not apply in relation to an order for the purposes of this section.