ABORIGINAL HERITAGE ACT 2006 - SECT 52 Plan must be prepared before authorisation given
ABORIGINAL HERITAGE ACT 2006 - SECT 52
Plan must be prepared before authorisation given(1) The decision maker must not grant a statutory authorisation for the activity unless a cultural heritage management plan is approved under this Part in respect of the activity.
Note
This section does not prevent a sponsor from lodging an application for a statutory authorisation before a cultural heritage management plan is approved.
(2) The sponsor must give a copy of the approved cultural heritage management plan to the decision maker.
(3) The decision maker must not grant a statutory authorisation for the activity if the activity would be inconsistent with the approved cultural heritage management plan.
(4) If the decision maker is required to decide whether to grant the statutory authorisation within a certain period, that period is deemed not to commence until the decision maker receives a copy of the approved cultural heritage management plan.
(5) Subsection (4) does not affect any period for making a decision that is preliminary to the decision whether to grant the statutory authorisation.
S. 52(5A) inserted by No. 11/2016 s. 44.
(5A) This section applies to a proposed amendment to an approved cultural heritage management plan as if the proposed amendment were a new cultural heritage management plan.
(6) This section applies despite anything to the contrary in any other Act.
Division 4—Preparation of cultural heritage management plans