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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 108
Consideration of plan before approval if no endorsed party
108 Consideration of plan before approval if no endorsed party
(1) This section applies if there is no endorsed party for the cultural
heritage management plan.
(2) To approve the plan, the chief executive must
be satisfied the plan makes enough provision for how the project is to be
managed— (a) to avoid harm to Aboriginal cultural heritage; and
(b) to the
extent that harm can not reasonably be avoided, to minimise harm to
Aboriginal cultural heritage.
(3) If the plan is not a cultural heritage
management plan developed voluntarily, the chief executive must also be
satisfied the plan includes agreement for effective alternate dispute
resolution arrangements to deal with issues that may arise in the operation of
the plan.
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