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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 100
Becoming Aboriginal party after written notice (proposed plan) is given
100 Becoming Aboriginal party after written notice (proposed plan) is given
(1) This section applies if, after the giving of the written notice (proposed
plan), but before the notice day (proposed plan) for the cultural heritage
management plan, an entity becomes an Aboriginal party for a part of the plan
area because it becomes a native title party for the part of the plan area.
(2) The sponsor must give the Aboriginal party a written notice that— (a)
includes a copy of the written notice (proposed plan) it would have been given
if it had been an Aboriginal party when the written notice (proposed plan) was
first given under this division; and
(b) advises the time by which, despite
anything in the written notice (proposed plan), the sponsor must be given the
written notice that the party wishes to take part in developing the plan.
(3)
For subsection (2) (b) , the time the sponsor advises as being the time by
which the sponsor must be given the written notice that the party wishes to
take part in developing the plan must be— (a) the end of 37 days after the
notice day (proposed plan) for the plan; or
(b) a later time decided by the
sponsor.
(4) An Aboriginal party given a written notice under subsection (2)
may respond by giving a written notice to the sponsor, within the time advised
under subsection (2) (b) , that the party wishes to take part in developing
the plan.
(5) If the sponsor receives a notice from an Aboriginal party under
subsection (4) within the time required under subsection (2) (b) , the sponsor
must endorse the Aboriginal party to take part in developing the plan.
(6)
This section applies whether or not a public notice (proposed plan) was
published.
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