ABORIGINAL HERITAGE ACT 2006 - SECT 40 Determination of application
ABORIGINAL HERITAGE ACT 2006 - SECT 40
Determination of applicationS. 40(1) substituted by No. 11/2016 s. 35(1).
(1) An approval body must consider every application for a cultural heritage permit to that body.
S. 40(2) amended by No. 11/2016 s. 35(2).
(2) After considering an application, the approval body may decide—
(a) to grant the cultural heritage permit; or
(b) to refuse to grant the cultural heritage permit.
S. 40(3) substituted by No. 11/2016 s. 35(3).
(3) An approval body must decide to grant or refuse to grant a cultural heritage permit within 30 days of receiving an application.
S. 40(3A) inserted by No. 11/2016 s. 35(3).
(3A) An approval body may request the applicant to provide any additional information that the body reasonably considers necessary to assist the body's decision.
S. 40(3B) inserted by No. 11/2016 s. 35(3).
(3B) A request under subsection (3A) must be made in writing and include the following information—
(a) the information to be provided;
(b) the date by which the information is to be provided, being at least 30 days after the request;
(c) a statement that the application will lapse if the information is not provided by that date.
S. 40(3C) inserted by No. 11/2016 s. 35(3).
(3C) The period referred to in subsection (3)—
(a) ceases to run when the approval body requests the additional information; and
(b) recommences to run when the information is provided to the approval body.
S. 40(3D) inserted by No. 11/2016 s. 35(3).
(3D) The period referred to in subsection (3)—
(a) ceases to run when the Secretary consults with the Council under subsection (3G); and
(b) recommences to run when the Council gives written advice to the Secretary or after 30 days, whichever is earlier.
S. 40(3E) inserted by No. 11/2016 s. 35(3).
(3E) If the approval body fails to decide to grant or refuse to grant a cultural heritage permit in accordance with this section, the approval body is taken to have refused to grant the permit.
S. 40(3F) inserted by No. 11/2016 s. 35(3).
(3F) If the approval body is the Secretary, the Secretary must consult with, and consider the views of, any Aboriginal person or Aboriginal body that the Secretary considers relevant when considering the application.
S. 40(3G) inserted by No. 11/2016 s. 35(3).
(3G) If the application is to rehabilitate land containing burials of Aboriginal ancestral remains or to inter Aboriginal ancestral remains, and there is no relevant registered Aboriginal party, the Secretary must consult with the Council when considering the application.
S. 40(4) amended by No. 11/2016 s. 35(4).
(4) If the grant of a cultural heritage permit would authorise an activity that would, or would be likely to, harm Aboriginal cultural heritage, the approval body must, before granting the permit, consider—
(a) the nature of the Aboriginal cultural heritage; and
(b) the impact, or the likely impact, of the activity on the Aboriginal cultural heritage; and
(c) the extent to which the harm to the Aboriginal cultural heritage could be minimised.
S. 41 substituted by No. 11/2016 s. 36.