Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Chapter 7A Cultural resource management plan
168A Meaning of cultural resource management plan
In this Act:
"cultural resource management plan"—
(a) means a plan about access to land and resources for cultural use; and
(b) includes anything required to be included by a conservator guideline; and
Note Conservator guidelines —see s 23.
(c) may apply, adopt or incorporate an instrument as in force from time to time.
Example—instrument that may be applied, adopted or incorporated
a fisheries management plan under the Fisheries Act 2000
Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act
, s 47 (5) or (6) is not disapplied (see s 47 (7)).
168B Preparation of draft cultural resource management plan
(1) In preparing a draft cultural resource management plan that relates to an area of land, the conservator must—
(a) develop the plan in partnership with any person who is a Ngunnawal traditional custodian; and
(b) consult the United Ngunnawal Elders Council; and
(c) consult the relevant person for the stated land; and
(d) consider any relevant requirements under the territory plan
.
(2) In this section:
"relevant person", for land, means—
(a) if the land is leased land—the lessee of the land; and
(b) if the land is unleased land or public land—the custodian of the land.
168C Draft cultural resource management plan—revision and submission to Minister
(1) If the conservator has completed consultation under section 168B for a draft cultural resource management plan, the conservator must—
(a) consider any submissions received during the consultation; and
(b) make any revisions to the draft plan that the conservator considers appropriate.
(2) The conservator must then submit the plan to the Minister for approval.
168D Draft cultural resource management plan—Minister to approve, return or reject
(1) If the conservator submits a cultural resource management plan to the Minister for approval, the Minister must—
(a) approve the plan; or
(b) return the plan to the conservator and direct the conservator to take 1 or more of the following actions in relation to it:
(i) carry out stated further consultation;
(ii) consider a relevant report;
(iii) revise the plan in a stated way; or
(c) reject the plan.
(2) A cultural resource management plan approved by the Minister is a disallowable instrument.
Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
Note 2 The power to make a cultural resource management plan includes the power to amend or repeal the plan. The power to amend or repeal the plan is exercisable in the same way, and subject to the same conditions, as the power to make the plan (see Legislation Act
, s 46).
Note 3 Minor amendments may be made to the plan under s 168F.
168E Draft cultural resource management plan—Minister's direction to revise etc
(1) This section applies if the Minister gives the conservator a direction under section 168D (1) (b).
(2) The conservator must—
(a) give effect to the direction; and
(b) resubmit the draft plan to the Minister for approval.
(3) The Minister must decide, under section 168C, what to do with the resubmitted draft plan.
168F Cultural resource management plan—minor amendments
(1) This section applies if—
(a) a cultural resource management plan is in force (the existing plan ); and
(b) the conservator considers that minor amendments to the existing plan are appropriate.
(2) The conservator—
(a) may prepare a new draft cultural resource management plan, incorporating the minor amendments into the existing plan; and
(b) need not comply with the requirements in sections 168B to 168D; and
(c) may make the cultural resource management plan, as amended.
(3) An amended cultural resource management plan made by the conservator is a disallowable instrument.
Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
Note 2 The power to make a cultural resource management plan includes the power to amend or repeal the plan. The power to amend or repeal the plan is exercisable in the same way, and subject to the same conditions, as the power to make the plan (see Legislation Act
, s 46).
(4) In this section:
"minor amendment", of a cultural resource management plan, means an amendment that will improve the effectiveness or technical efficiency of the plan without changing the substance of the plan.
Examples
1 minor correction to improve effectiveness
2 omission of something redundant
3 technical adjustment to improve efficiency
168G Cultural resource management plan—conservator to implement
(1) If a cultural resource management plan is in force, the conservator must take reasonable steps to implement the plan.
(2) In implementing the plan, the conservator may authorise another person to take action to implement the plan.
168H Cultural resource management plan—reporting
(1) The conservator must report to the Minister about the cultural resource management plan at least once every 5 years.
(2) The Minister must consider the report and may take any action the Minister considers appropriate.
(3) The Minister may make the report publicly accessible not later than 30 days after the day the conservator gives the report to the Minister.
Example—publicly accessible
published on the directorate website
168I Cultural resource management plan—review
(1) The conservator must review the cultural resource management plan on request from—
(a) the Human Rights Commissioner; or
(b) the Minister.
(2) In conducting the review, the conservator must consult with the following in relation to any land mentioned in the plan:
(a) any person who is a Ngunnawal traditional custodian;
(b) a relevant person under section 168B.
(3) After completing the review, the conservator—
(a) must report to the Minister about the review; and
(b) may provide the Minister with a recommendation regarding the plan.
(4) A recommendation must be accompanied by a report setting out any issues raised under the review.
(5) If the conservator makes a recommendation to the Minister, the Minister must respond to the conservator about the recommendation.