Victorian Numbered Acts Victorian Numbered ActsAfter Division 2 of Part 4 of the Aboriginal Heritage Act 2006 insert —
(1) A person proposing an activity may prepare a preliminary Aboriginal heritage test for the purposes of determining whether the proposed activity requires the person to prepare a cultural heritage management plan.
(2) A person who prepares a preliminary Aboriginal heritage test may apply to the Secretary for certification of the test.
(3) An application under subsection (2) must be made in the prescribed form and be accompanied by the prescribed fee (if any).
(1) After receiving an application for the certification of a preliminary Aboriginal heritage test under section 49B, the Secretary must certify that the test is correct or refuse to certify the test.
(2) The Secretary must certify a preliminary Aboriginal heritage test or refuse to certify the test within 21 days of receiving the application.
(3) The Secretary may request the applicant to provide any additional information that the Secretary reasonably considers necessary to assist the Secretary's decision.
(4) A request under subsection (3) must be made in writing and include the following information—
(a) the information to be provided;
(b) the date by which the information is to be provided, being at least 30 days after the request;
(c) a statement that the application will lapse if the information is not provided by that date.
(5) The period referred to in subsection (2)—
(a) ceases to run when the Secretary requests the additional information; and
(b) recommences to run when the information is provided to the Secretary.".