Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 84

84. (1) A person (other than a person referred to in subsection 83 (1)) shall not, without reasonable excuse, publish or cause to be published restricted information about an Aboriginal place except—

        (a)     in accordance with an approval under subsection (2); and

        (b)     where that publication is accompanied by a written statement in the form referred to in paragraph 82 (4) (a).

Penalty: $500.

(2) On application in accordance with subsection (3), the Heritage Council shall, by notice in writing to the applicant, approve the publication of restricted information about an Aboriginal place where it is satisfied on reasonable grounds that the publication would not have a significant adverse effect on—

        (a)     Aboriginal tradition; or

        (b)     the heritage significance of the relevant place.

(3) An application under subsection (2) shall be in writing specifying—

        (a)     the nature of the restricted information;

        (b)     the reason for the proposed publication; and

        (c)     the nature of the proposed publication, including the person, persons or class of persons to whom or to which it is directed.

(4) If the Heritage Council refuses an application under this section, it shall give written notice of its decision to the applicant including—

        (a)     a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , the applicant may apply to the Tribunal for review of the Heritage Council's decision; and

        (b)     except where subsection 26 (11) of that Act applies—a statement to the effect that the applicant may request a statement pursuant to section 26 of that Act.