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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 88
Cultural heritage management plan may be needed if other environmental authority needed
88 Cultural heritage management plan may be needed if other environmental
authority needed
(1) This section applies to a project if— (a) under an Act other than this
Act— (i) a lease, licence, permit, approval or other authority is required
for the project; and
(ii) under the operation of the Act under which the
authority is required, or under the operation of another Act, an
environmental assessment is required for the project; and
(b) the project is
a project, or a project of a type, prescribed under a regulation for this
section.
(2) The entity authorised to give the authority must not give the
authority unless— (a) a cultural heritage management plan for the project
has been developed and approved under this Act; or
(b) the authority is given
subject to conditions to ensure that no excavation or construction takes place
for the project without the development and approval of a cultural heritage
management plan for the project.
(3) The entity authorised to give the
authority has power to impose conditions mentioned in subsection (2) (b) .
(4) The plan area for a cultural heritage management plan approved for
subsection (2) may be limited to the part of the project area that is the
subject of the environmental assessment.
(5) The Minister may recommend the
making of a regulation under subsection (1) (b) only if the Minister is
satisfied the project or type of project will have a significant impact on
Aboriginal cultural heritage.
(6) In this section—
"environmental assessment" means a form of environmental assessment or
planning, not including an EIS.
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