ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 168 Cultural heritage arrangements for project not authorised before commencement

ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 168

168 Cultural heritage arrangements for project not authorised before commencement

(1) This section applies to a project if—

(a) under an Act other than this Act, an authority is required for the project; and

(b) the authority was applied for, but not obtained, before the commencement of this section; and

(c) the applicant was notified before the commencement of this section that an EIS was required for the project; and

(d) for the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Aboriginal cultural heritage.

(2) Part 7 , division 2 does not apply to the project.

(3) Until the project is finished, a person who, under the authority, carries out an activity for the project under the arrangements does not commit an offence against a cultural heritage protection provision in relation to Aboriginal cultural heritage expressly or impliedly the subject of the arrangements.

(4) In this section—


"authority" includes a lease, licence, permit or approval.