TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 100 Becoming Torres Strait Islander party after written notice (proposed plan) is given

TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 100

100 Becoming Torres Strait Islander party after written notice (proposed plan) is given

(1) This section applies if, after the giving of the written notice (proposed plan), but before the notice day (proposed plan) for the cultural heritage management plan, an entity becomes a Torres Strait Islander party for a part of the plan area because it becomes a native title party for the part of the plan area.

(2) The sponsor must give the Torres Strait Islander party a written notice that—

(a) includes a copy of the written notice (proposed plan) it would have been given if it had been a Torres Strait Islander party when the written notice (proposed plan) was first given under this division; and

(b) advises the time by which, despite anything in the written notice (proposed plan), the sponsor must be given the written notice that the party wishes to take part in developing the plan.

(3) For subsection (2) (b) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan must be—

(a) the end of 37 days after the notice day (proposed plan) for the plan; or

(b) a later time decided by the sponsor.

(4) A Torres Strait Islander party given a written notice under subsection (2) may respond by giving a written notice to the sponsor, within the time advised under subsection (2) (b) , that the party wishes to take part in developing the plan.

(5) If the sponsor receives a notice from a Torres Strait Islander party under subsection (4) within the time required under subsection (2) (b) , the sponsor must endorse the Torres Strait Islander party to take part in developing the plan.

(6) This section applies whether or not a public notice (proposed plan) was published.