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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"Aboriginal cultural heritage" see section 8 .
"Aboriginal cultural heritage body" , for an area, means an entity registered
under part 4 as an Aboriginal cultural heritage body for the area.
"Aboriginal human remains" —
(a) includes burial objects and associated
material; but
(b) does not include human remains— (i) buried under the
authority of the law of Queensland or another State; or
(ii) in or from a
place recognised as a burial ground for interment of human remains buried
under the authority of the law of Queensland or another State.
"Aboriginal party" , for an area, see section 35 .
"alternate dispute resolution arrangements" means arrangements that, to the
greatest practicable extent, provide for the handling of disputes other than
before a court.
"appeal period" — (a) for part 6 , division 5 —see section 75 ; or
(b)
for part 7 , division 6 —see section 110 .
"approved cultural heritage management plan" means a cultural heritage
management plan that has been approved by the chief executive or the Minister
under part 7 .
"approved form" means a form approved by the chief executive under section 158
.
"area" means— (a) an area of land; or
(b) an expanse of water; or
(c) an
area of land under water; or
(d) any combination of 2 or more of paragraphs
(a) to (c) .
"authorised officer" means a person appointed as an authorised officer under
section 121 .
"basic information requirement" — (a) for a written notice (proposed
study)—see section 57 ; or
(b) for a written notice (proposed plan)—see
section 92 .
"Commonwealth Native Title Act" means the Native Title Act 1993 (Cwlth) .
"consultation party" , for a cultural heritage management plan, means— (a)
the sponsor for the plan; or
(b) an endorsed party for the plan.
"consultation period" , for a cultural heritage management plan, means the
period of 84 days starting immediately after the period of 30 days after the
notice day (proposed plan).
"cultural heritage assessor" , for a cultural heritage study, means a person
engaged under section 68 as a cultural heritage assessor for the study.
"cultural heritage duty of care" see section 23 .
"cultural heritage duty of care guidelines" see section 28 .
"cultural heritage management plan" means a document providing for how
activities for a project are to be managed for their impact on
Aboriginal cultural heritage.
"cultural heritage protection provision" means section 23 , 24 , 25 or 26 .
"cultural heritage study" means a comprehensive study of
Aboriginal cultural heritage in an area conducted under part 6 for the purpose
of recording the findings of the study on the register.
"database" means the Aboriginal Cultural Heritage Database established under
section 38 .
"declared provision" means any of the following provisions— †¢ section 128
†¢ section 134
†¢ sections 137 to 139
†¢ section 141 .
"EIS" means an environmental impact statement.
"endorsed party" means— (a) for a cultural heritage study—an Aboriginal
party endorsed under section 62 , 63 , 64 or 65 to take part in the study; or
(b) for a cultural heritage management plan—an Aboriginal party endorsed
under section 97 , 98 , 99 , 100 or 101 to take part in developing the plan.
"existing agreement" means an agreement— (a) that was entered into before
the commencement of this schedule, and that is still in force, with an entity
that becomes, on the commencement of this schedule, an Aboriginal party; and
(b) that expressly or impliedly deals with Aboriginal cultural heritage.
"facsimile warrant" see section 132 (4) .
"harm" , to Aboriginal cultural heritage, means damage or injury to, or
desecration or destruction of, the cultural heritage.
"information protection provision" means section 29 .
"IPA" ...
"land user" means a person carrying out, or proposing to carry out, activities
on land likely to materially affect the land. Example of activities—
farming activities, construction activities
"National Native Title Register" means the National Native Title Register
under the Commonwealth Native Title Act.
"native title agreement" means— (a) an indigenous land use agreement
registered on the Register of Indigenous Land Use Agreements; or
(b) any of
the following under part 2 , division 3 , subdivision P of the Commonwealth
Native Title Act— (i) an agreement mentioned in section 31 (1) (b) ;
(ii) a
determination of the relevant Minister under section 36A ;
(iii) a
determination of the arbitral body under section 38 .
"native title mining provisions" ...
"native title party" , for an area, see section 34 .
"native title protection conditions" means native title protection conditions
under the Mineral Resources Act 1989 , section 25AA , 141AA or 194AAA .
"native title rights and interests" see the Commonwealth Native Title Act,
section 223 .
"notice day (proposed plan)" , for a cultural heritage management plan, means
the day nominated by the sponsor for the plan as the day that may reasonably
be assumed to be the day by which— (a) the written notice (proposed plan)
for the plan will have been received by each person to whom it is required to
be given; and
(b) each public notice (proposed plan) required to be given
will have come to the attention of the persons to whom it is directed.
"notice day (proposed study)" , for a cultural heritage study, means the day
nominated by the sponsor for the study as the day that may reasonably be
assumed to be the day by which— (a) the written notice (proposed study) for
the study will have been received by each person to whom it is required to be
given; and
(b) each public notice (proposed study) required to be given will
have come to the attention of the persons to whom it is directed.
"occupier" , of land or a place that is a licence area under the
Forestry Act 1959 , includes a plantation licensee and a plantation
sublicensee for the licence area under that Act.
"owner" , of an area, means the person for the time being entitled to receive
the rent for the area or who would be entitled to receive the rent for it if
it were let to a tenant for rent.
"party" — (a) for part 6 , division 5 —see section 75 ; or
(b) for part 7
, division 6 —see section 110 .
"personal details requirement" see section 145 (5) .
"plan area" , in relation to a cultural heritage management plan, means the
area the subject of the plan.
"private land" means land forming part of Queensland that is not State land.
"project" includes— (a) a development or proposed development; and
(b) an
action or proposed action; and
(c) a use or proposed use of land.
"project area" , in relation to a project, means the area the subject of the
project, whether in construction or operational phases.
"public notice (proposed plan)" see section 96 (2) .
"public notice (proposed study)" see section 61 (2) .
"Queensland Museum" means the Board of the Queensland Museum under the under
the Queensland Museum Act 1970 .
"register" means the Aboriginal Cultural Heritage Register established under
section 46 .
"registered native title body corporate" see the Commonwealth
Native Title Act, section 253 .
"registered native title claimant" see the Commonwealth Native Title Act,
section 253 .
"registered native title holder" means— (a) a registered native title body
corporate; or
(b) an entity, other than a registered native title body
corporate, that is the subject of a determination of native title under the
Commonwealth Native Title Act and is registered on the National Native Title
Register as holding native title rights and interests.
"registered significant area" means an area recorded in the register as a
significant Aboriginal area.
"registered significant object" means an object recorded in the register as a
significant Aboriginal object.
"Register of Indigenous Land Use Agreements" means the Register of Indigenous
Land Use Agreements under the Commonwealth Native Title Act.
"Register of Native Title Claims" means the Register of Native Title Claims
under the Commonwealth Native Title Act.
"repealed Act" means the Cultural Record (Landscapes Queensland and Queensland
Estate) Act 1987 .
"representative body" see the Commonwealth Native Title Act, section 253 .
"sacred" means sacred according to Aboriginal tradition.
"secret" means secret according to Aboriginal tradition.
"significant Aboriginal area" see section 9 .
"significant Aboriginal object" see section 10 .
"sponsor" means— (a) for a cultural heritage study—the person who accepts
responsibility for the study; or
(b) for a cultural heritage management
plan—means the person who accepts responsibility for the plan.
"State land" means all land forming part of Queensland that is not freehold
land, or land contracted to be granted in fee-simple by the State.
"stop order" , for a person’s activity, means an order of the Minister—
(a) requiring the person to stop the activity; or
(b) prohibiting the person
from starting the activity.
"study area" , for a cultural heritage study, means the area the subject of
the study.
"tribunal" ...
"warrant form" see section 132 (5) .
"written notice (proposed plan)" see section 91 (1) .
"written notice (proposed study)" see section 56 (1) .
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