Section 42
Proprietary right in the object
of State Heritage Enactment 2017
(1)
Any object discovered after the date of the coming into operation of this
Enactment shall be the absolute property of the Government provided that where the object is discovered on an alienated land, compensation may be paid to the owner of the land.
(2)
A competent heritage valuer may be appointed by the Director 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.
(3)
Every object which before the date of the coming into operation of this
Enactment 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 Government.
(4)
All undiscovered objects whether lying on or hidden beneath the surface of the ground or in any river or in the sea, shall be deemed to be the absolute property of the Government but if the said object is at a late date found to be discovered on or in an alienated land the provisions of subsections (1) and (2) shall apply.
(5)
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 Enactment.
24