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ABORIGINAL HERITAGE REGULATIONS 2007 (SR NO 41 OF 2007) - SCHEDULE 2

SCHEDULE 2

Sch. 2

Regulation 64(b)

CULTURAL HERITAGE MANAGEMENT PLANS

        1     Sponsor

    The name of the sponsor.

        2     Owner or occupier

If different from the sponsor, the name of the owner or occupier of the activity area.

        3     Cultural heritage advisor

    (1)     The name of the cultural heritage advisor engaged by the sponsor.

    (2)     A brief description of the qualifications and experience of that cultural heritage advisor.

        4     Registered Aboriginal parties

    (1)     The name of each relevant registered Aboriginal party for the activity area.

    (2)     Whether a registered Aboriginal party has elected to evaluate the plan.

    (3)     If a registered Aboriginal party has elected to evaluate the plan, the names of the representatives appointed by that party and the functions carried out by those representatives.

        5     Notices relating to plan

    (1)     A copy of the notices given under section 54 of the Act.

    (2)     A copy of any notices given under section 55 of the Act.

        6     Activity

    (1)     A detailed description of the activity setting out—

        (a)     the nature and extent of the activity and any ancillary works associated with the activity; and

        (b)     the likely impact of the activity on the surface of the land and buried former land surfaces.

    (2)     If the activity is a subdivision referred to in regulation 46

        (a)     a description of how each lot is intended to be used or developed; or

        (b)     if no description under paragraph (a) is provided in relation to a lot, the use or development of the lot permitted by the relevant planning scheme.

        7     Activity area
Sch. 2

    (1)     A detailed description of the activity area, including a map in a form approved by the Secretary indicating—

        (a)     the location of the activity area; and

        (b)     the municipal district (if any) in which the area is located; and

        (c)     the prominent structures and works in, and natural features of, the activity area.

    (2)     If the map relates to part of the activity area, a detailed description of that part of the activity area.

        8     Details of assessment

    (1)     The method by which the Aboriginal cultural heritage present in the activity area was assessed.

    (2)     The names of the persons involved in the assessment.

    (3)     Details of the reasonable efforts made by the sponsor to consult with the registered Aboriginal party in accordance with section 59(2) of the Act.

    (4)     A summary of any information provided by a representative of a relevant registered Aboriginal party or other person about the Aboriginal cultural heritage in the activity area.
Sch. 2

    (5)         An accurate transcript of any oral information provided by a representative of a relevant registered Aboriginal party or other person about the Aboriginal cultural heritage in the activity area, if the person who provided the information consents.

    (6)     Details of any obstacles encountered in completing the assessment.

        9     Details of subsurface testing and excavation

If the cultural heritage assessment included subsurface testing or excavation—

        (a)     the method used for subsurface testing or excavation;

        (b)     the location of subsurface testing or excavation pits or transects, including transect start and end points;

        (c)     the names of persons taking part in the subsurface testing or excavation;

        (d)     the name of the person responsible for supervising the subsurface testing or excavation;

        (e)     any physical or other obstacles to the carrying out of the subsurface testing or excavation;

        (f)     the results of the subsurface testing or excavation including the results of radiometric dating.

        10     Written report

If the activity is a subdivision referred to in regulation 46, the written report must set out—

        (a)     how each lot is intended to be used or developed by the sponsor; or

        (b)     if a lot is not intended to be used or developed by the sponsor, the use or development of the lot permitted by the relevant planning scheme.

        11     Aboriginal cultural heritage
Sch. 2

    (1)     A detailed description of any Aboriginal cultural heritage found in the activity area, including the registration number of that Aboriginal cultural heritage on the Register.

    (2)         A full cadastral description of the land where that Aboriginal cultural heritage is located.

    (3)     A statement of the cultural heritage significance of that Aboriginal cultural heritage.

    (4)     A concise map or maps of the activity area which show the location of that Aboriginal cultural heritage.

    (5)     A detailed plan of each Aboriginal place found in the activity area.

    (6)     Photographs or digital images of that Aboriginal cultural heritage.

        12     Matters considered in preparation of plan

A statement of how the matters referred to in section 61 of the Act were considered in preparing the cultural heritage management plan.

        13     Contingency plans

    (1)     Contingency plans for the following—

        (a)     the matters referred to in section 61 of the Act;

        (b)     the resolution of any disputes between the sponsor and relevant registered Aboriginal parties in relation to the implementation of the plan or the conduct of the activity;
Sch. 2

        (c)     reviewing compliance with the cultural heritage management plan and mechanisms for remedying non-compliance;

        (d)     the management of Aboriginal cultural heritage found during the activity;

        (e)     the notification, in accordance with the Act, of the discovery of Aboriginal cultural heritage during the carrying out of the activity.

    (2)     If the activity is a subdivision referred to in regulation 46, the contingency plans must address—

        (a)     how each lot is intended to be used or developed by the sponsor; or

        (b)     if a lot is not intended to be used or developed by the sponsor, the use or development of the lot permitted by the relevant planning scheme.

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