ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 115 Substantive requirements for objection or referral

ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 115

115 Substantive requirements for objection or referral

(1) The sponsor must, in filing an objection or referral with the Land Court, give the Land Court a document that—

(a) unless there is no endorsed party for the cultural heritage management plan—outlines the nature and extent of the consultation that happened in the consultation period for the plan; and

(b) states why the sponsor believes the plan makes enough provision for how the project is to be managed—

(i) to avoid harm to Aboriginal cultural heritage; and

(ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.

(2) The Land Court must—

(a) give each other party to the objection or referral a copy of the document given to the Land Court under subsection (1) ; and

(b) for a referral—invite each other party to the referral to make a written submission to the Land Court about the plan and the sponsor’s submission on the plan.

(3) The Land Court is required to take account of a party’s written submission given on an invitation under subsection (2) (b) only if the Land Court receives the submission within 30 days after the Land Court gives the copy of the document to the party under subsection (2) (a) .