Meteorites Act 1988 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

METEORITES ACT 1988

As in force at 1 July 2014

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif]Short title2Definitions3Property in and management of meteorites4Preservation and scientific investigation5Duties of persons finding meteorites6Protection and recovery of meteorites7Reimbursement of expenses8Sacred sites and heritage legislation not affectedENDNOTES northern territory of australia

northern territory of australia

As in force at 1 July 2014

METEORITES act 1988

An Act to make provision for the protection of meteorites and tektites

1Short title

This Act may be cited as the Meteorites Act 1988.

2Definitions

In this Act, unless the contrary intention appears:

Board, see section 3 of the Museum and Art Gallery of the Northern Territory Act 2014.

meteorite means a natural mass that has fallen to the earth from beyond the atmosphere and includes a tektite.

3Property in and management of meteorites
  • (1)

    Subject to subsection (2), and notwithstanding the degree of their attachment to land, all meteorites in the Territory are the property of the Territory and their management and control is vested in the Board.

  • (2)

    A meteorite which had been severed or otherwise removed from the ground in which it was naturally imbedded or on which it naturally lay (whether or not as the result of erosion) and taken into possession by a person:

    • (a)

      before the commencement of this Act; or

    • (b)

      outside the Territory,

    is not by virtue of subsection (1) the property of the Territory nor is its management and control vested in the Board by virtue of that subsection.

  • (3)

    The onus of proving that a meteorite had been severed or otherwise removed from the ground in which it was naturally imbedded or on which it naturally lay and taken into possession by a person:

    • (a)

      before the commencement of this Act; or

    • (b)

      outside the Territory,

    rests on the person asserting that fact.

  • (4)

    Notwithstanding that a meteorite is the property of the Territory, neither the Territory nor the Board are liable for any damage or loss naturally resulting from the impact of a meteor or the presence of the meteorite.

  • (5)

    To the extent that subsection (1) effects an acquisition of property by the Territory, the Territory shall pay just compensation to the person whose property in a meteorite is so acquired and such compensation is recoverable in a court of competent jurisdiction.

  • (6)

    For the avoidance of doubt, the property in a meteorite does not pass under or by virtue of a law of the Territory relating to mining.

4Preservation and scientific investigation
  • (1)

    Subject to subsection (2), the Board shall take such steps as it thinks fit to preserve a meteorite in situ or at such other place as it thinks fit.

  • (2)

    The Board may allow or make arrangements for scientific or other investigation of a meteorite.

5Duties of persons finding meteorites

A person who finds a meteorite the property of the Territory shall, as soon as practicable after the finding, give notice of it to the Board.

6Protection and recovery of meteorites

Notwithstanding any other law of the Territory, no person shall:

  • (a)

    except with the permission of the Board, wilfully damage or destroy a meteorite the property of the Territory or the Board; or

  • (b)

    except for the purpose of recovering it and delivering it to the Board, remove or be in possession of a meteorite the property of the Territory.

Maximum penalty:          8 penalty units.

7Reimbursement of expenses
  • (1)

    The Board may, in its discretion, refund the reasonable expenses incurred by a person, in:

    • (a)

      notifying the Board of the finding of a meteorite;

    • (b)

      furnishing information to the Board which results in the finding of a meteorite; or

    • (c)

      recovering and delivering a meteorite to the Board.

  • (2)

    Notwithstanding subsection (1), the Board may offer and pay a reward in a case referred to in that subsection.

  • (3)

    Where damage is occasioned to land in the course of the recovery of a meteorite by or on the authority of the Board, the Board shall compensate the owner of the land for that damage and such compensation is recoverable in a court of competent jurisdiction.

8Sacred sites and heritage legislation not affected

Nothing in this Act derogates from the Northern Territory Aboriginal Sacred Sites Act 1989 or Heritage Act 2011.

ENDNOTES
  • 1

    KEY

Key to abbreviations

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Meteorites Act 1988 (Act No. 18, 1988)

Assent date

15 June 1988

Commenced

15 June 1988

Statute Law Revision Act 2000 (Act No. 19, 2000)

Assent date

6 June 2000

Commenced

s 6: 4 December 1999; rem: 12 July 2000 (s 2 and Gaz G27, 12  July 2000, p 2)

Heritage Act 2011 (Act No. 34, 2011)

Assent date

15 November 2011

Commenced

1 October 2012 (Gaz S43, 31 July 2012)

Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)

Assent date

12 July 2013

Commenced

28 August 2013 (Gaz G35, 28 August 2013, p 2)

Museum and Art Gallery of the Northern Territory Act 2014 (Act No. 6, 2014)

Assent date

20 March 2014

Commenced

1 July 2014 (s 2)

  • 3

    GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 2 and 8.

  • 4

    LIST OF AMENDMENTS

s 2                     amd No. 19, 2000, s 9; No. 6, 2014, s 43

s 6                     amd No. 23, 2013, s 19

s 8                     amd No. 34, 2011, s 170

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