QLDIn ForceAct
Aboriginal Cultural Heritage Act 2003
sec.168Cultural heritage arrangements for project not authorised before commencement
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### sec.168 Cultural heritage arrangements for project not authorised before commencement
This section applies to a project if—
under an Act other than this Act, an authority is required for the project; and
the authority was applied for, but not obtained, before the commencement of this section; and
the applicant was notified before the commencement of this section that an EIS was required for the project; and
for the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Aboriginal cultural heritage.
Part 7, division 2 does not apply to the project.
Until the project is finished, a person who, under the authority, carries out an activity for the project under the arrangements does not commit an offence against a cultural heritage protection provision in relation to Aboriginal cultural heritage expressly or impliedly the subject of the arrangements.
In this section—
authority includes a lease, licence, permit or approval.
(sec.168-ssec.1) This section applies to a project if— under an Act other than this Act, an authority is required for the project; and the authority was applied for, but not obtained, before the commencement of this section; and the applicant was notified before the commencement of this section that an EIS was required for the project; and for the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Aboriginal cultural heritage.
(sec.168-ssec.2) Part 7, division 2 does not apply to the project.
(sec.168-ssec.3) Until the project is finished, a person who, under the authority, carries out an activity for the project under the arrangements does not commit an offence against a cultural heritage protection provision in relation to Aboriginal cultural heritage expressly or impliedly the subject of the arrangements.
(sec.168-ssec.4) In this section— authority includes a lease, licence, permit or approval.
- (a) under an Act other than this Act, an authority is required for the project; and
- (b) the authority was applied for, but not obtained, before the commencement of this section; and
- (c) the applicant was notified before the commencement of this section that an EIS was required for the project; and
- (d) for the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Aboriginal cultural heritage.