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Mandatory Fields *
Please select a access type: *
Please select a category: *
You should provide as much supporting information as possible in relation to the applicant category and purpose for access. If you do not provide adequate supporting information, access to the online portal may not be granted.
Acceptance
You agree that your access to and use of the Database will be strictly in accordance with, and governed by, these legally binding terms and conditions of access.
If you do not accept these terms and conditions of access, then you must not proceed with the application for access to the Database.
Your access to the Database or use of any information available on or through the Database constitutes your acceptance of these terms and conditions of access.
The Department may amend, delete, add to or otherwise revise these terms and conditions of access at any time without notice. Your continued access to the Database or use of any information available on or through the Database constitutes your acceptance of the revised terms and conditions of access. The Department may in its absolute discretion send Registered Aboriginal or Torres Strait Islander Parties a link to or a copy of the revised terms and conditions of access using the email address provided together with their application for access to the Database.
Terms
These terms and conditions of access include the:
These terms and conditions govern your access to the Database and your ongoing use of any information available on or through the Database.
Terminology
In these terms and conditions of access:
Purpose
The purpose of establishing the Database is to assemble, in a central and accessible location, information about Aboriginal and Torres Strait Islander cultural heritage (section 39(1) of ACHA and TSICHA).
The Database is intended to be a research and planning tool to help Aboriginal and Torres Strait Islander parties, researchers and other persons in their consideration of the Aboriginal and Torres Strait Islander cultural heritage values of particular areas (section 39(2) of ACHA and TSICHA).
A Registered Aboriginal or Torres Strait Islander Party may access an interactive GIS map containing all information currently held by the Department in relation to cultural heritage sites and places recorded in their area of responsibility.
Use of the Database
You agree that you will access the Database and use any information available on or through the Database in accordance with these terms and conditions of use and that you will not use the Database for any unlawful purpose.
Transfer of Personal Information outside Australia
You agree that if your application for access to the Database is successful, then the Department may transfer your personal information, being the email address you provide in your application and any subsequent email address you provide, to the Department's third party service provider, [Amazon.com, Inc / Amazon Web Services]. The Department's third party service provider uses servers located in the [United States of America].
Your email address will be used by the Department's third party service provider for the sole purpose of generating and sending automatic email notifications relating to your access to and use of the Database. By applying for access to the Database you agree to the transfer of your email address to the [United States of America] for this purpose for the period in which you continue to access and use the Database. In providing your agreement, you understand and acknowledge that countries outside Australia may not have the same protection obligations relating to personal information as Australia.
No other personal information will be transferred outside Australia.
This provision is to be read together with the Privacy Policy www.qld.gov.au/legal/privacy
Security
You agree that in accessing and using the Database, you will not:
Use of information
Registered Aboriginal or Torres Strait Islander Parties are granted access to the Database in accordance with section 43 of ACHA and TSICHA.
Information obtained by a Registered Aboriginal or Torres Strait Islander Party from the Database may be used for any purpose.
Disclaimer
Where the information available on or through the Database is a list which highlights identified Aboriginal or Torres Strait Islander cultural heritage sites for a nominated search area, then no guarantee is made regarding the accuracy of the information provided, including the longitude and latitude location description for any cultural heritage site. Registered Aboriginal or Torres Strait Islander Parties must exercise extra diligence when operating in these locations.
The placing of information on the Database is not intended to be conclusive about whether the information is up-to-date, comprehensive or otherwise accurate.
Exclusion of warranties
The Database, and all information available on or through the Database, is provided:
To the maximum extent permitted by law, the Department excludes and does not make any representation, statement, warranty or endorsement of any kind, whether express or implied, regarding the quality, content, accuracy, authenticity, completeness, currency, accessibility, suitability, safety, security, reliability, availability or any other aspect of the Database or any information available on or through the Database.
Registered Aboriginal or Torres Strait Islander Parties must make their own inquiries and seek independent advice before relying upon any information available on or through the Database. All Registered Aboriginal or Torres Strait Islander Parties are responsible for assessing the relevance and accuracy of any information available on or through the Database.
Exclusion of liability
The Department does not accept any responsibility or liability for the accuracy, authenticity, completeness, reliability or content of any information available on or through the Database.
To the maximum extent permitted by law, the Department excludes all responsibility and liability, including liability through negligence, for all loss, damage or expenses whatsoever which may be suffered or incurred by you or any other person, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings, benefits or business opportunities as a result of:
Any liability of the Department will be reduced by the extent, if any, to which you contributed to the loss or damage.
Non-excludable liability (if any)
These terms and conditions of access do not attempt or purport to exclude liability arising under legislation if, and only to the extent that, such liability cannot be lawfully excluded.
Release
You release and indemnify us, our agents and employees, from and against any liability for loss or damage however caused, including through negligence, which you or any other person may directly or indirectly suffer or incur arising directly or indirectly out of or in connection with:
Indemnity
You agree to indemnify and hold us, our agents and employees, harmless from any loss, liability, claim, demand, damage or expense, including legal fees, made by any third party directly or indirectly due to, or arising out of or in connection with your:
Login and password details
You must:
You are fully responsible for all activities that occur in relation to the Database using your login and password.
If there is any change in the information upon which your access to the Database was granted, including the information contained in your application for access to the Database, or if there is any actual or suspected unauthorised disclosure or use of your login and password then you must immediately contact the Department.
Governing law
These terms and conditions of access will be governed by and construed in accordance with the laws in force in the State of Queensland, Australia.
You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.
Severability
If any provision of these terms and conditions of access is held to be invalid, unenforceable or illegal for any reason, then that provision will be deemed severable from these terms and conditions of access and does not affect the validity or enforceability of the remaining provisions.
Termination
The Department may in its absolute discretion terminate these terms and conditions of access or your access to the Database at any time with or without notice and for any reason, including where the Department suspects that you have provided false or misleading information when applying for access to the Database or breached these terms and conditions of access.
The Department may amend, delete, add to or otherwise revise these terms and conditions of access at any time without notice. Your continued access to the Database or use of any information available on or through the Database constitutes your acceptance of the revised terms and conditions of access. The Department may in its absolute discretion send Registered Users a link to or a copy of the revised terms and conditions of access using the email address provided together with their application for access to the Database.
A Registered User may access a self-service area for the purpose of searching the Database.
Registered Users are granted access to the Database in accordance with section 44 of ACHA and TSICHA.
Information obtained by a Registered User from the Database may only be used internally by the Registered User for the sole purpose of managing the Registered User's cultural heritage duty of care in accordance with section 23 of ACHA and TSICHA.
A Registered User must not publish, disclose or otherwise deal with the information available on or through the Database for any other purpose.
A Registered User must only use the information available on or through the Database in accordance with the Cultural Heritage Duty of Care Guidelines www.datsip.qld.gov.au/resources/datsima/people-communities/cultural-heritage/duty-care-guidelines.pdf
The information available on or through the Database is not licensed to Registered Users under the Creative Commons Attribution 3.0 Australia (CC BY) licence or any licence terms other than as specified in this provision. If a Registered User wants to use any information obtained through the Database for any purpose other than managing the Registered User's cultural heritage duty of care, then they must contact the Department.
Where the information available on or through the Database is a list which highlights identified Aboriginal or Torres Strait Islander cultural heritage sites for a nominated search area, then no guarantee is made regarding the accuracy of the information provided, including the longitude and latitude location description for any cultural heritage site. Registered Users must exercise extra diligence when operating in these locations.
All significant Aboriginal and Torres Strait Islander cultural heritage in Queensland is protected under ACHA and TSICHA, and penalty provisions apply for any unauthorised harm. Under the legislation, a person carrying out an activity must take all reasonable and practical measures to ensure that their activities does not harm Aboriginal or Torres Strait Islander cultural heritage. This applies whether or not such places are recorded in an official register and whether or not they are located in, on or under private land.
Aboriginal or Torres Strait Islander cultural heritage is protected under ACHA and TSICHA even if the Department has no records relating to it.
The Cultural Heritage Duty of Care Guidelines www.datsip.qld.gov.au/resources/datsima/people-communities/cultural-heritage/duty-care-guidelines.pdf set out the reasonable and practical measures for meeting the duty of care. In order for a Registered User to meet their duty of care, any land use activity within the vicinity of the recorded cultural heritage area should not proceed without the agreement of the Aboriginal or Torres Strait Islander party for the area or a Cultural Heritage Management Plan undertaken pursuant to Part 7 of ACHA or TSICHA.
A Registered User who accesses the information available on or through the Database does not necessarily comply with the Registered User's cultural heritage duty of care simply because the Registered User has accessed the information.
Registered Users must make their own inquiries and seek independent advice before relying upon any information available on or through the Database. All Registered Users are responsible for assessing the relevance and accuracy of any information available on or through the Database.
