Part I - Other Considerations - Richmond Valley Council

Richmond Valley Development Control Plan 2012Section 146 Notification of discovery of relicA person who is aware or believes that he or she has discovered or located a relic (in anycircumstances, and whether or not the person has been issued with a permit) must:(a) within a reasonable time after he or she first becomes aware or believes that he orshe has discovered or located that relic, notify the Heritage Council of the location ofthe relic, unless he or she believes on reasonable grounds that the Heritage Council isaware of the location of the relic, and(b) within the period required by the Heritage Council, furnish the Heritage Council withsuch information concerning the relic as the Heritage Council may reasonably require.Section 146A Disposition of certain relics(1) As soon as practicable after a relic is obtained from an excavation carried out by the holder of apermit, the holder shall notify the Minister of the existence of the relic.(2) The holder shall furnish the Minister with such information concerning the relic as the Ministermay reasonably require.Section 146B Minister may direct that relic be given to museum or other conservation body(1) The Minister may, by notice in writing, direct any person:(a) who is or has been the holder of a permit, or(b) who, in the Minister’s opinion, has obtained a historic shipwreck as a consequence ofhaving removed the relic without a historic shipwrecks permit, in contravention ofsection 51, or(c) who, in the Minister’s opinion, has obtained a relic as a consequence of havingexcavated land without an excavation permit, in contravention of section 139,to deliver the relic to a specified person or body (such as a museum) who in the opinion of theMinister has the facilities and expertise to conserve the relic.(2) Such a direction may be given on the ground that the person has obtained the relic as aconsequence of:(a)having removed the relic without a historic shipwrecks permit, in contravention ofsection 51, or(b) having excavated land without an excavation permit, in contravention of section 139,whether or not the person has been prosecuted or convicted of an offence in respect of thealleged contravention.Section 146C Forfeiture of certain relics(1) A relic the subject of a direction under section 146B shall be forfeited to the Crown.(2) No compensation is payable to any person as a consequence of the forfeiture of a relic underthis section.(4) EducationOne of the objectives of this Chapter is to inform the community of the likelypresence of archaeology in the New Italy area. This can be achieved byinforming the community, especially new property owners or prospectivepurchases of land, that they should have regard to potential heritage in thearea and take appropriate actions to avoid harming such heritage. Thisobjective can be achieved by the:‣ inclusion of clause 6.4 within the Richmond Valley LEP 2012‣ inclusion of this Chapter within the Richmond Valley DCP 2012, and‣ informing the community of the LEP and DCP requirements, the reasonsfor them, and where they apply in section 149 Planning Certificates, andthe like.(5) Preliminary AssessmentDue diligence is a process where reasonable and practical steps are taken todetermine whether a person’s actions could, in this case, harm archaeology orrelics within the New Italy Settlement Area. The Preliminary Assessmentprocess, forms a key element of due diligence.Part I – Other Considerations – Historic New Italy Village Area I.183