TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 79 Recording or refusing to record findings of cultural heritage study

TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 79

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 Torres Strait Islander areas and significant Torres Strait Islander objects.