Victorian Numbered Acts

ABORIGINAL HERITAGE ACT 2006 (NO 16 OF 2006) - SECT 40

    (1)     The Secretary must consider every application for a cultural heritage permit.

    (2)     After considering an application, the Secretary may decide—

        (a)     to grant the cultural heritage permit; or

        (b)     to refuse to grant the cultural heritage permit.

    (3)     The Secretary must decide to refuse to grant the permit if a registered Aboriginal party objects within the time allowed by section 39 to the granting of the cultural heritage permit.

    (4)     If the grant of a cultural heritage permit would authorise an activity that would, or would be likely to, harm Aboriginal cultural heritage, the Secretary must, before granting the permit, consider—

        (a)     the nature of the Aboriginal cultural heritage; and

        (b)     the impact, or the likely impact, of the activity on the Aboriginal cultural heritage; and

        (c)     the extent to which the harm to the Aboriginal cultural heritage could be minimised.