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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 73
Requirements for recording cultural heritage study
73 Requirements for recording cultural heritage study
(1) To record the findings of the cultural heritage study in the register, the
chief executive must be satisfied that— (a) the sponsor has complied with
the procedures and other requirements stated in this part for the carrying out
of the cultural heritage study; and
(b) the findings and other information
included in the cultural heritage study, including the study’s
recommendations, are consistent with authoritative anthropological,
biogeographical, historical and archaeological information about the study
area; and
(c) the cultural heritage study includes the information and other
material needed for recording the study’s findings under part 5 , division 2
; and
(d) the cultural heritage study also includes the following— (i) an
explanation of how lawful access to the study area was achieved for carrying
out the study, including details of any law, or of any oral or written
authority given by an owner or occupier of land in the study area, authorising
access to the land;
(ii) a summarising statement about the existence of
Aboriginal cultural heritage in the study area;
(iii) documented evidence
about whether recommendations included in the study for future management of
Aboriginal cultural heritage have been agreed with affected land owners and
occupiers;
(iv) a description of assessment activities carried out for the
study;
(v) the signature of each endorsed party for the study, or the
party’s nominee, who is stated in the study to be in support of information
and other matters in the study, and of the recording of some or all of the
study’s findings in the register;
(vi) the extent to which any endorsed
party for the study does not agree with the recording of the study’s
findings in the register;
(vii) details of each endorsed party for the study
who did not in fact take part in the study.
(2) If the chief executive is
satisfied under subsection (1) , the chief executive must record the findings
of the cultural heritage study in the register.
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