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.