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ABORIGINAL HERITAGE ACT 2006 (NO 16 OF 2006) - SECT 39

Action by registered Aboriginal party on application

    (1)     If a copy of an application is given to a registered Aboriginal party under section 38, the registered Aboriginal party may, within 30 days after receiving the copy of the application, advise the Secretary in writing that it—

        (a)     does not object to the granting of the cultural heritage permit; or

        (b)     does not object if the cultural heritage permit is subject to the conditions specified by the registered Aboriginal party; or

        (c)     objects to the granting of the cultural heritage permit on any specified ground.

    (2)     The conditions specified by the registered Aboriginal party under sub-section (1)(b)—

        (a)     may include a condition that something be done to the satisfaction of the registered Aboriginal party; and

        (b)     must not include a condition that the applicant pay or give money or money's worth to the registered Aboriginal party.

    (3)     Before giving the Secretary written advice under sub-section (1), the registered Aboriginal party may—

        (a)     request further information from the applicant for the cultural heritage permit; and

        (b)     if the application relates to Aboriginal cultural heritage that is located on or within land, ask the occupier of the land for permission to inspect the land to determine the likely impact on the Aboriginal cultural heritage of the activity for which the cultural heritage permit is sought.

    (4)     A registered Aboriginal party may request the assistance of an inspector for the purpose of conducting an inspection under sub-section (3)(b).



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