Victorian Numbered Acts

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ABORIGINAL HERITAGE ACT 2006 (NO 16 OF 2006) - SECT 65

Approval by Secretary

    (1)     A sponsor may apply to the Secretary for approval of a cultural heritage management plan if—

        (a)     the sponsor is not the Secretary; and

        (b)     one of the following applies—

              (i)     there is no relevant registered Aboriginal party in relation to the plan;

              (ii)     no relevant registered Aboriginal party has given notice to the sponsor under section 55 within the time required by that section;

              (iii)     all of the relevant registered Aboriginal parties have given the sponsor notice under section 55 that they do not wish to evaluate the plan;

              (iv)     no relevant registered Aboriginal party has given notice to the sponsor under section 63(1) within the time required by that section.

    (2)     Within 30 days after receiving the application, the Secretary must decide whether to approve the plan or to refuse to approve the plan.

    (3)     In considering the application, the Secretary must consult with, and consider the views of, any Aboriginal person or Aboriginal body that the Secretary considers relevant to the application.

    (4)     The Secretary must refuse to approve the plan if it has not been prepared in accordance with the standards prescribed for the purposes of section 53.

    (5)     The Secretary may otherwise only refuse to approve the plan if the Secretary is not satisfied that the plan adequately addresses the matters set out in section 61.

    (6)     A cultural heritage management plan approved by the Secretary takes effect on that approval.



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