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ABORIGINAL HERITAGE AMENDMENT ACT 2016 (NO. 11 OF 2016) - SECT 53

Approval by Secretary

    (1)     After section 65(1) of the Aboriginal Heritage Act 2006 insert

    "(1A)     An application under this section must be accompanied by the prescribed fee (if any).".

    (2)     After section 65(2) of the Aboriginal Heritage Act 2006 insert

    "(2A)     The Secretary may request the sponsor to provide any additional information that the Secretary reasonably considers necessary to assist the Secretary's decision.

    (2B)     A request under subsection (2A) 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.

    (2C)     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.

    (2D)     Subject to subsection (2E), the Secretary is taken to have refused to approve the plan if the Secretary fails to decide whether to approve the plan or to refuse to approve the plan within the period referred to in subsection (1).

    (2E)     The Secretary may decide to approve the plan or to refuse the plan after the period referred to in subsection (1) with the agreement of the sponsor.".

    (3)     For section 65(3) of the Aboriginal Heritage Act 2006 substitute

    "(3)     In considering the application, the Secretary must consult with, and consider the views of—

        (a)     any Aboriginal person or Aboriginal body that the Secretary considers relevant to the application; or

        (b)     any activity advisory group appointed by the Secretary under section 60A.".



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