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ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 87 Cultural heritage management plan needed if EIS needed

ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 87

Cultural heritage management plan needed if EIS needed

87 Cultural heritage management plan needed if EIS needed

(1) This section applies to a project if—
(a) under an Act other than this Act, a lease, licence, permit, approval or other authority is required for the project; and
(b) under the operation of the Act under which the authority is required, or under the operation of another Act, an EIS is required for the project.
(2) The entity authorised to give the authority must not give it unless—
(a) a cultural heritage management plan for the project has been developed and approved under this Act; or
(b) the authority is given subject to conditions to ensure that no excavation, construction or other activity that may cause harm to Aboriginal cultural heritage takes place for the project without the development and approval of a cultural heritage management plan for the project.
(3) The entity authorised to give the authority has power to impose conditions mentioned in subsection (2) (b) .
(4) The plan area for a cultural heritage management plan developed and approved for subsection (2) may be limited to the part of the project area that is the subject of the EIS.