TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 88 Cultural heritage management plan may be needed if other environmental authority needed

TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 88

88 Cultural heritage management plan may be needed if other environmental authority needed

(1) This section applies to a project if—

(a) under an Act other than this Act—

(i) a lease, licence, permit, approval or other authority is required for the project; and

(ii) under the operation of the Act under which the authority is required, or under the operation of another Act, an environmental assessment is required for the project; and

(b) the project is a project, or a project of a type, prescribed under a regulation for this section.

(2) The entity authorised to give the authority must not give the authority 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 or construction 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 approved for subsection (2) may be limited to the part of the project area that is the subject of the environmental assessment.

(5) The Minister may recommend the making of a regulation under subsection (1) (b) only if the Minister is satisfied the project or type of project will have a significant impact on Torres Strait Islander cultural heritage.

(6) In this section—


"environmental assessment" means a form of environmental assessment or planning, not including an EIS.