section 3
Section 4 savings and transitional
section 3 (1)
section 51 (2) and (3) transitional3
Part 3 and section 147
The Aboriginal Heritage Act 1972 is affected by the Dampier to Bunbury Pipeline Act 1997 (Act No. 53 of 1997), Division 2 of Schedule 4 reads as follows ¾
}
8. Persons who are to be included as owners
A person who ¾
(a) is the holder of rights conferred under section 34 of this Act in respect of land or is the holder's nominee approved under section 34 (3) of this Act; or
(b) has authority under section 7 of the Petroleum Pipelines Act 1969 to enter upon land,
is included as a person who is an owner of the land for the purposes of section 18 of the Aboriginal Heritage Act 1972.
(2) Subject to subsection (3), the performance or purported performance and exercise or purported exercise, during the period beginning on the commencement of the principal Act and ending on the day before the day that this Act comes into operation, by the Committee of the duties imposed and powers conferred by section 18 of the principal Act on the Trustees shall be deemed to have been lawful and valid.
(3) Subsection (2) does not apply to or in relation to legal proceedings instituted before 1 July 1990 in respect to the performance or purported performance of duties, or the exercise or purported exercise of powers, referred to in that subsection.
(4) In this section, }Trustees~ has the meaning given to it by the principal Act before its amendment by this Act.
(2) After the commencement of the Aboriginal Heritage Amendment Act 1995, moneys standing to the credit of the Aboriginal Material Preservation Fund shall be transferred to an account forming part of the Trust Fund referred to in section 9 of the Financial Administration and Audit Act 1985 established by the Treasurer and to be administered by the Department for the purposes of the protection of Aboriginal heritage.
(3) On the commencement of the Aboriginal Heritage Amendment Act 1995 the Trustees (as the accountable authority within the meaning in the Financial Administration and Audit Act 1985) are to report in respect of the Aboriginal Material Preservation Fund, as opened and kept under Part VIII of the principal Act prior to its amendment by this Act, as required by section 66 of that Act, for the period from the preceding 1 July to the time of the commencement, and Division 14 of Part II of the Financial Administration and Audit Act 1985 applies as if that period were a full financial year.