Statutory 'Duty of Care'
In proclaiming the Aboriginal Cultural Heritage Act 2003, Queensland Parliament intended to provide 'blanket' statutory protection to ALL of Queensland's Aboriginal cultural heritage, irrespective of whether or not that heritage is known toland users.
To achieve this end, Parliament created a formal, statutory 'duty of care' by which anyone carrying out any activity on any land (including freehold) anywhere in Queensland is required by law to take:
"..all reasonable and practicable measures to ensure their activity does not harm Aboriginal cultural heritage".
The risk both individuals and corporations take should they fail to take care, and so damage Aboriginal cultural heritage (even secret or sacred heritage embedded into the landscape unknown to the land user), is legal prosecution (coordinated by Queensland Government's cultural heritage unit), and possible fines of up to $75 000 for individuals, or $750 000 for corporations.
Read more about this topic: Aboriginal Cultural Heritage Act 2003