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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 78
Land Court’s recommendation to Minister
78 Land Court’s recommendation to Minister
(1) After the hearing has been completed, the Land Court must recommend to the
Minister— (a) if the objection was to a recording of the findings of the
cultural heritage study in the register— (i) that the Minister confirm the
recording of the findings of the study in the register; or
(ii) that the
Minister take the findings of the study out of the register; or
(iii) that
the Minister amend the findings recorded in the register in accordance with
details included in the recommendation; or
(b) if the objection was to a
refusal to record the findings of the cultural heritage study in the
register— (i) that the Minister confirm the refusal to record the findings
of the study in the register; or
(ii) that the Minister record the findings
of the study in the register; or
(iii) that the Minister record the findings
of the study in the register after amendment of the findings in accordance
with details included in the recommendation.
(2) Subsection (1) does not stop
the Land Court, before making its recommendation to the Minister, from helping
the parties to negotiate changes to the cultural heritage study.
(3) For
making a recommendation to the Minister about the cultural heritage study, the
Land Court— (a) must have regard to the matters about which the chief
executive was required to be satisfied before recording the findings of the
study; and
(b) may include in its considerations the nature and extent of
consultation held in carrying out the study.
(4) Subsection (1) does not
authorise the Land Court to assume the role of an endorsed party for the study
for assessing the level of significance of areas and objects included in the
study area that are or appear to be significant Aboriginal areas and
significant Aboriginal objects.
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