sec.118Reaching the recommendation

### sec.118 Reaching the recommendation To recommend that the Minister approve the cultural heritage management plan, or that the Minister approve the plan after amendment, the Land Court must be satisfied the plan makes, or after suitable amendment will make, enough provision for how the project is to be managed— to avoid damage to Aboriginal cultural heritage; and to the extent that damage can not reasonably be avoided, to minimise damage to Aboriginal cultural heritage. If the plan is not a cultural heritage management plan developed voluntarily, the Land Court must also be satisfied the plan provides for effective alternate dispute resolution arrangements to deal with issues that may arise in the operation of the plan. The Land Court must also be satisfied that, for Aboriginal cultural heritage that is to be or may be taken away when the plan is put into effect, the plan makes enough provision about— who is to become the owner of it; and who is to have the custody of it. For making its recommendation to the Minister about the plan, the Land Court must include the following in its considerations— the availability and quality of documented information about the Aboriginal cultural heritage significance of the plan area; the nature of the impacts of the project; submissions made by the parties to the objection or referral, including, if a hearing is held, oral submissions made at the hearing; the nature and extent of past uses of the project area. s 118 amd 2007 No. 39 s 41 sch (sec.118-ssec.1) To recommend that the Minister approve the cultural heritage management plan, or that the Minister approve the plan after amendment, the Land Court must be satisfied the plan makes, or after suitable amendment will make, enough provision for how the project is to be managed— to avoid damage to Aboriginal cultural heritage; and to the extent that damage can not reasonably be avoided, to minimise damage to Aboriginal cultural heritage. (sec.118-ssec.2) If the plan is not a cultural heritage management plan developed voluntarily, the Land Court must also be satisfied the plan provides for effective alternate dispute resolution arrangements to deal with issues that may arise in the operation of the plan. (sec.118-ssec.3) The Land Court must also be satisfied that, for Aboriginal cultural heritage that is to be or may be taken away when the plan is put into effect, the plan makes enough provision about— who is to become the owner of it; and who is to have the custody of it. (sec.118-ssec.4) For making its recommendation to the Minister about the plan, the Land Court must include the following in its considerations— the availability and quality of documented information about the Aboriginal cultural heritage significance of the plan area; the nature of the impacts of the project; submissions made by the parties to the objection or referral, including, if a hearing is held, oral submissions made at the hearing; the nature and extent of past uses of the project area. - (a) to avoid damage to Aboriginal cultural heritage; and - (b) to the extent that damage can not reasonably be avoided, to minimise damage to Aboriginal cultural heritage. - (a) who is to become the owner of it; and - (b) who is to have the custody of it. - (a) the availability and quality of documented information about the Aboriginal cultural heritage significance of the plan area; - (b) the nature of the impacts of the project; - (c) submissions made by the parties to the objection or referral, including, if a hearing is held, oral submissions made at the hearing; - (d) the nature and extent of past uses of the project area.