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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 96
Giving of public notice (proposed plan)
96 Giving of public notice (proposed plan)
(1) This section applies if, for a part of the plan area (the
"relevant part" )— (a) there is no Aboriginal cultural heritage body; and
(b) there is no Aboriginal party that is a native title party.
(2) The
sponsor must ensure that a public notice (
"public notice (proposed plan)" ) is published in a newspaper circulating
generally in the relevant part.
(3) If there is an approved form for the
public notice (proposed plan), the notice must be in the approved form.
(4)
The public notice (proposed plan) must be published as close as practicable to
the time the written notice (proposed plan) is given.
(5) The public notice
(proposed plan) must— (a) be directed to Aboriginal parties for the
relevant part; and
(b) advise the sponsor’s name and contact details,
including the sponsor’s address for service; and
(c) identify the project;
and
(d) advise that the sponsor intends to develop the cultural heritage
management plan for the project; and
(e) describe the plan area for the plan
and identify its location, including, to the extent appropriate and
practicable in the circumstances, by describing the plan area’s location in
relation to the nearest town, using bearings and approximate distances; and
(f) describe the relevant part, if it is less extensive than the plan area;
and
(g) advise that if an Aboriginal party for the relevant part wishes to
take part in developing the plan, it must give a written notice to the sponsor
that the party wishes to take part in developing the plan; and
(h) state the
notice day (proposed plan) for the plan, and advise the time by which the
sponsor must be given the written notice that the party wishes to take part in
developing the plan; and
(i) advise that an Aboriginal party might not be
endorsed to take part in developing the plan if it does not give the sponsor
the written notice within the required time.
(6) For subsection (5) (h) , the
time the sponsor advises as being the time by which the sponsor must be given
the written notice that the party wishes to take part in developing the plan
must be— (a) the end of 30 days after the notice day (proposed plan) for the
plan; or
(b) a later time decided by the sponsor.
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