Victorian Numbered Acts

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ABORIGINAL HERITAGE ACT 2006 (NO 16 OF 2006) - SECT 66

Approval by Council

    (1)     If the Secretary is the sponsor of a cultural heritage management plan, the Secretary may apply to the Council for approval of the plan if—

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

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

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

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

    (2)     Within 60 days after receiving the application, the Council must decide whether to approve or to refuse to approve the plan.

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

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

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



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