ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 79
Recording or refusing to record findings of cultural heritage study
ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 79
Recording or refusing to record findings of cultural heritage study
79 Recording or refusing to record findings of cultural heritage study
(1) On receiving a recommendation from the Land Court under division 5 , the
Minister may—
(a) if the objection was to a recording of the findings of the
cultural heritage study in the register—
(i) confirm the recording of the
findings; or
(ii) take the findings of the study out of the register; or
(iii) amend the findings recorded in the register in the way the Minister
considers appropriate; or
(b) if the objection was to a refusal to record the
findings of the cultural heritage study in the register—
(i) confirm the
refusal to record the findings; or
(ii) record the findings; or
(iii) record
the findings after amendment in the way the Minister considers appropriate.
(2) However, in deciding what action to take, the Minister must have regard
to—
(a) the Land Court’s recommendation; and
(b) the matters about which
the chief executive was required to be satisfied before recording the findings
of the study.
(3) Subsection (1) does not authorise the Minister to assume
the role of an endorsed party for the study for assessing the level of
significance of areas and objects included in the study area that are or
appear to be significant Aboriginal areas and significant Aboriginal objects.