TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 73 Requirements for recording cultural heritage study

TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 73

73 Requirements for recording cultural heritage study

(1) To record the findings of the cultural heritage study in the register, the chief executive must be satisfied that—

(a) the sponsor has complied with the procedures and other requirements stated in this part for the carrying out of the cultural heritage study; and

(b) the findings and other information included in the cultural heritage study, including the study’s recommendations, are consistent with authoritative anthropological, biogeographical, historical and archaeological information about the study area; and

(c) the cultural heritage study includes the information and other material needed for recording the study’s findings under part 5 , division 2 ; and

(d) the cultural heritage study also includes the following—

(i) an explanation of how lawful access to the study area was achieved for carrying out the study, including details of any law, or of any oral or written authority given by an owner or occupier of land in the study area, authorising access to the land;

(ii) a summarising statement about the existence of Torres Strait Islander cultural heritage in the study area;

(iii) documented evidence about whether recommendations included in the study for future management of Torres Strait Islander cultural heritage have been agreed with affected land owners and occupiers;

(iv) a description of assessment activities carried out for the study;

(v) the signature of each endorsed party for the study, or the party’s nominee, who is stated in the study to be in support of information and other matters in the study, and of the recording of some or all of the study’s findings in the register;

(vi) the extent to which any endorsed party for the study does not agree with the recording of the study’s findings in the register;

(vii) details of each endorsed party for the study who did not in fact take part in the study.

(2) If the chief executive is satisfied under subsection (1) , the chief executive must record the findings of the cultural heritage study in the register.