QLDIn ForceAct
Aboriginal Cultural Heritage Act 2003
sec.115Substantive requirements for objection or referral
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### sec.115 Substantive requirements for objection or referral
The sponsor must, in filing an objection or referral with the Land Court, give the Land Court a document that—
unless there is no endorsed party for the cultural heritage management plan—outlines the nature and extent of the consultation that happened in the consultation period for the plan; and
states why the sponsor believes the plan makes enough provision for how the project is to be managed—
to avoid harm to Aboriginal cultural heritage; and
to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.
The Land Court must—
give each other party to the objection or referral a copy of the document given to the Land Court under subsection (1) ; and
for a referral—invite each other party to the referral to make a written submission to the Land Court about the plan and the sponsor’s submission on the plan.
The Land Court is required to take account of a party’s written submission given on an invitation under subsection (2) (b) only if the Land Court receives the submission within 30 days after the Land Court gives the copy of the document to the party under subsection (2) (a) .
s 115 amd 2007 No. 39 s 41 sch
(sec.115-ssec.1) The sponsor must, in filing an objection or referral with the Land Court, give the Land Court a document that— unless there is no endorsed party for the cultural heritage management plan—outlines the nature and extent of the consultation that happened in the consultation period for the plan; and states why the sponsor believes the plan makes enough provision for how the project is to be managed— to avoid harm to Aboriginal cultural heritage; and to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.
(sec.115-ssec.2) The Land Court must— give each other party to the objection or referral a copy of the document given to the Land Court under subsection (1) ; and for a referral—invite each other party to the referral to make a written submission to the Land Court about the plan and the sponsor’s submission on the plan.
(sec.115-ssec.3) The Land Court is required to take account of a party’s written submission given on an invitation under subsection (2) (b) only if the Land Court receives the submission within 30 days after the Land Court gives the copy of the document to the party under subsection (2) (a) .
- (a) unless there is no endorsed party for the cultural heritage management plan—outlines the nature and extent of the consultation that happened in the consultation period for the plan; and
- (b) states why the sponsor believes the plan makes enough provision for how the project is to be managed— (i) to avoid harm to Aboriginal cultural heritage; and (ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.
- (i) to avoid harm to Aboriginal cultural heritage; and
- (ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.
- (i) to avoid harm to Aboriginal cultural heritage; and
- (ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.
- (a) give each other party to the objection or referral a copy of the document given to the Land Court under subsection (1) ; and
- (b) for a referral—invite each other party to the referral to make a written submission to the Land Court about the plan and the sponsor’s submission on the plan.