ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 117 Land Court’s recommendation to Minister

ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 117

117 Land Court’s recommendation to Minister

(1) After the hearing has been completed, or, if no hearing is held, after the Land Court has considered the sponsor’s document and any submission properly received by the Land Court, the Land Court must give its recommendation about the cultural heritage management plan to the Minister.

(2) The Land Court’s recommendation must be—

(a) that the Minister—

(i) for an objection—confirm the chief executive’s refusal to approve the plan; or

(ii) for a referral—refuse to approve the plan; or

(b) that the Minister approve the plan; or

(c) that the Minister approve the plan after amendment of the plan in accordance with details included in the recommendation.

(3) Subsection (2) does not stop the Land Court, before making its recommendation to the Minister, from helping the parties to negotiate changes to the plan.

(4) Subsections (5) and (6) apply only if there is at least 1 endorsed party for the plan.

(5) If, before the Land Court makes a recommendation to the Minister, all the consultation parties agree that the plan should be approved, the sponsor may give the plan, as agreed to, to the chief executive.

(6) The giving of the plan to the chief executive under subsection (4) is taken to be a giving of the plan to the chief executive under division 5 , in the circumstances that there is at least 1 endorsed party for the plan, and all consultation parties for the plan agree that the chief executive may approve the plan.