ABORIGINAL HERITAGE ACT 2006 - SECT 66 Approval by Council
ABORIGINAL HERITAGE ACT 2006 - SECT 66
Approval by Council(1) If the Secretary is the sponsor of a cultural heritage management plan, the Secretary may apply to the Council for approval of the plan if—
(a) there is no relevant registered Aboriginal party in relation to the plan; or
(b) no relevant registered Aboriginal party has given notice to the Secretary under section 55 within the time required by that section; or
(c) all of the relevant registered Aboriginal parties have given the Secretary notice under section 55 that they do not wish to evaluate the plan; or
(d) no relevant registered Aboriginal party has given notice to the Secretary under section 63(1) within the time required by that section.
S. 66(1A) inserted by No. 11/2016 s. 54(1).
(1A) An application under this section must be accompanied by the prescribed fee (if any).
S. 66(1B) inserted by No. 11/2016 s. 54(1).
(1B) If a registered Aboriginal party is the sponsor of a cultural heritage management plan, the party may apply to the Council for approval of the plan.
Note
If a registered Aboriginal party is the sponsor of a cultural heritage management plan and there is more than one registered Aboriginal party for the area to which the plan relates, an application must also be made under section 62.
(2) Within 60 days after receiving the application, the Council must decide whether to approve or to refuse to approve the plan.
S. 66(2A) inserted by No. 11/2016 s. 54(2).
(2A) The Council may request the sponsor to provide any additional information that the Council reasonably considers necessary to assist the Council's decision.
S. 66(2B) inserted by No. 11/2016 s. 54(2).
(2B) A request under subsection (2A) 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. 66(2C) inserted by No. 11/2016 s. 54(2).
(2C) The period referred to in subsection (2)—
(a) ceases to run when the Council requests the additional information; and
(b) recommences to run when the information is provided to the Council.
(3) In considering the application, the Council must consult with, and consider the views of, any Aboriginal person or Aboriginal body that the Council considers relevant to the application.
(4) The Council must refuse to approve the plan if it has not been prepared in accordance with the standards prescribed for the purposes of section 53.
(5) The Council may otherwise only refuse to approve the plan if the Council is not satisfied that the plan adequately addresses the matters set out in section 61.
(6) A cultural heritage plan approved by the Council takes effect on that approval.
S. 66A inserted by No. 11/2016 s. 55.