Queensland Consolidated Acts

ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 36

36 Registration as Aboriginal cultural heritage body

(1) The Minister may, on the application of a corporation, register the corporation as an Aboriginal cultural heritage body for an area.

(2) The Minister must not register a corporation as an Aboriginal cultural heritage body for an area if there is currently another corporation registered as an Aboriginal cultural heritage body for the area or any part of the area.

(3) However, the Minister may register a corporation (the
"new corporation" ) as an Aboriginal cultural heritage body for an area even though there is currently another corporation (the
"registered corporation" ) registered as an Aboriginal cultural heritage body for the area or any part of the area if—

(a) the new corporation’s registration is only for the purposes of a particular project; and

(b) the registered corporation has given written agreement to the new corporation’s registration for the purposes of the project; and

(c) the registration provides that the registration is effective only until the project finishes.

(4) The Minister may register a corporation as an Aboriginal cultural heritage body for an area only if the Minister is satisfied that—

(a) the corporation—

(i) is an appropriate body to identify Aboriginal parties for the area; and

(ii) has the capacity to identify Aboriginal parties for the area; and

(b) either—

(i) Aboriginal parties for the area that are native title parties for the area agree the corporation should be registered; or

(ii) if there is no Aboriginal party for the area that is a native title party for the area—there is substantial agreement among the Aboriginal parties for the area that the corporation should be registered.

Examples of corporations that may be appropriate to be registered—

a registered native title body corporate, a representative body that is a corporation, an Aboriginal body incorporated for furthering the interests of Aboriginal people in relation to land or cultural matters

(5) In deciding whether to register a corporation as the Aboriginal cultural heritage body for an area, the Minister may do any of the following—

(a) consult with Aboriginal parties for the area or parts of the area;

(b) advertise for submissions about the proposed registration of the corporation;

(c) anything else the Minister considers necessary to inform himself or herself.

(6) The Minister may cancel the registration of a corporation as the Aboriginal cultural heritage body for an area if the Minister is no longer satisfied about the matters mentioned in subsection (4) in relation to the corporation.

(7) In this section—

"register" , a corporation, means record the corporation in the register.