Victorian Numbered Acts Victorian Numbered Acts(1) Before reaching a decision under this Division, VCAT must consider—
(a) any matter that the Secretary was required to consider when making the decision in respect of which the application was made; and
(b) any matter that a relevant registered Aboriginal party properly considered when deciding to object or not to object to the grant of the permit or to require that a condition be included in the permit.
(2) Before deciding under this Division to grant, or to impose a condition on, a cultural heritage permit, VCAT must be satisfied that the activity in respect of which the application for the permit was made will be managed by the applicant so as to minimise harm to Aboriginal cultural heritage.
(3) Despite section 41(1), VCAT may, subject to the requirements of this section, impose any condition on a cultural heritage permit that it considers to be appropriate.