AtomRat said:
Anything found within a historic area or crown area is by the laws, still owned by the crown. The heritage laws are old and outdated. They are probably more about when blokes went and removed full machinery and cottages for their farms when the laws kicked in. Now everything is rusting into the ground and deteriorating and imo needs to be saved. Make sure your a member of a historical society, that way you have a reason for it, and a place to put items on display or back into the books. When its on private, and you have permission, it should be yours too.
There was a review of the Victorian heritage laws calling for public submissions last year. Would have been a good time to have your say on what should be in the new version & what shouldn't. Submissions, reports etc. here:
http://www.dtpli.vic.gov.au/heritage/about-heritage-in-victoria/heritage-act-review-2015
As it stands in Victoria being on private land changes nothing. Under the current law an archaeological relic is:
archaeological relicmeans
(a) any archaeological deposit; or
(b) any artifact, remains or material evidence associated with an archaeological deposit
which
(c) relates to the non-Aboriginal settlement or visitation of the area or any part of the area which now comprises Victoria; and.
(d) is 50 or more years old
but does not include the remains of a ship or an article associated with a ship;
VICTORIAN HERITAGE ACT 1995 - SECT 127
Offence to damage or disturb unregistered relics and unregistered archaeological sites
S.127(1) amendedby No. 74/2003 s.5(5)(a)(b).
(1) A person must not knowingly or negligently deface or damage or otherwise interfere with an archaeological relic or carry out an act likely to endanger an archaeological relic except in accordance with a consent issued under section129.
Penalty: In the case of a natural person: 600penalty units or imprisonment for 12 months or both.
In the case of a body corporate: 1200penalty units.
S.127(2) amendedby No. 74/2003 s.5(5)(a)(b).
(2) A person must not knowingly uncover or expose an archaeological relic or disturb or excavate any land for the purpose of uncovering or discovering an archaeological relic except in accordance with a consent issued under section 129.
Penalty: In the case of a natural person: 600penalty units or imprisonment for 12 months or both.
In the case of a body corporate: 1200penalty units.
(3) A person is not guilty of an offence under this section if he or she picks up or collects an archaeological relic exposed in or on the surface of land in Victoria.
(4) This section does not apply to an archaeological relic which is a registered object.
HERITAGE ACT 1995 - SECT 128
Safeguarding of relics
A person who knowingly picks up or collects an archaeological relic in Victoria or who knowingly brings into Victoria or receives in Victoria an archaeological relic must
(a) safeguard it from loss or damage; and
(b) immediately give notice in writing to the Executive Director describing the relic and stating where it was found or where it came from; and
(c) if required by the Executive Director, make the relic available for identification or conservation.
Penalty: In the case of a natural person: 120penalty units.
In the case of a body corporate: 240penalty units.
Being a member of a historical society doesn't automatically give rights to recover or collect relics under the current Victorian legislation. The Executive Director may issue consents to individuals or other bodies under Section 129.
These are the main areas of law you need to be aware of in Victoria. Other states have similar legislation.
How you personally follow or interpret them is your decision.
