National Heritage Act 2005 · Updated to 1 Jun 2006 · Part VIII · Heritage Object
48. Proprietary right in the object
Feedback & supportAny object discovered after the date of the coming into operation of this Act shall be the absolute property of the Federal
object
“object” includes any moveable antiquity, tangible cultural heritage, intangible cultural heritage and historical object but excluding treasure trove;
Government provided that where the object is discovered on an alienated land, compensation may be paid to the owner of the land.
owner
“owner”, in relation to any land, means the registered owner or the holder by customary tenure of the land; National Heritage 15
A competent heritage valuer may be appointed by the
Commissioner to decide on the value of the object for the purposes of ascertaining the amount of compensation, and the decision of the competent heritage valuer shall be final.
Commissioner
“Commissioner” means the Commissioner of Heritage appointed under section 4;
Every object which before the date of the coming into operation of this Act is not owned by any person or the control of which is not vested in any person as a trustee or manager, shall be deemed to be the absolute property of the Federal Government.
All undiscovered objects whether lying on or hidden beneath the surface of the ground or in any river or in the sea, shall be
National Heritage 39
National Heritage
“National Heritage” means any heritage site, heritage object, underwater cultural heritage or any living person declared as a National Heritage under section 67;
deemed to be the absolute property of the Federal Government but if the said object is at a later date found to be discovered on or in an alienated land the provisions of subsections (1) and (2) shall apply.
In any legal proceedings relating to the date of discovery of an object of cultural heritage significance, it shall be presumed until the contrary is proved that it was discovered after the date of the coming into operation of this Act.
cultural heritage significance
“cultural heritage significance” means cultural heritage having aesthetic, archaeological, architectural, cultural, historical, scientific, social, spiritual, linguistic or technological value; National Heritage 17