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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 118
Reaching the recommendation
118 Reaching the recommendation
(1) To recommend that the Minister approve the cultural heritage management
plan, or that the Minister approve the plan after amendment, the Land Court
must be satisfied the plan makes, or after suitable amendment will make,
enough provision for how the project is to be managed— (a) to avoid damage
to Aboriginal cultural heritage; and
(b) to the extent that damage can not
reasonably be avoided, to minimise damage to Aboriginal cultural heritage.
(2) If the plan is not a cultural heritage management plan developed
voluntarily, the Land Court must also be satisfied the plan provides for
effective alternate dispute resolution arrangements to deal with issues that
may arise in the operation of the plan.
(3) The Land Court must also be
satisfied that, for Aboriginal cultural heritage that is to be or may be taken
away when the plan is put into effect, the plan makes enough provision
about— (a) who is to become the owner of it; and
(b) who is to have the
custody of it.
(4) For making its recommendation to the Minister about the
plan, the Land Court must include the following in its considerations— (a)
the availability and quality of documented information about the
Aboriginal cultural heritage significance of the plan area;
(b) the nature of
the impacts of the project;
(c) submissions made by the parties to the
objection or referral, including, if a hearing is held, oral submissions made
at the hearing;
(d) the nature and extent of past uses of the project area.
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