QLDIn ForceAct
Aboriginal Cultural Heritage Act 2003
sec.61Giving of public notice (proposed study)
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### sec.61 Giving of public notice (proposed study)
This section applies if, for a part of the study area (the relevant part )—
there is no Aboriginal cultural heritage body; and
there is no Aboriginal party that is a native title party for the part.
The sponsor must ensure that a public notice ( public notice (proposed study) ) is published in a newspaper circulating generally in the relevant part.
If there is an approved form for the public notice (proposed study), the notice must be in the approved form.
The public notice (proposed study) must be published as close as practicable to the time the written notice (proposed study) is given.
The public notice (proposed study) must—
be directed to Aboriginal parties for the relevant part; and
advise the sponsor’s name and contact details, including the sponsor’s address for service; and
advise that the sponsor intends to carry out the cultural heritage study; and
describe the study area for the study and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the study area’s location in relation to the nearest town, using bearings and approximate distances; and
describe the relevant part, if it is less extensive than the study area; and
advise that if an Aboriginal party for the relevant part wishes to take part in the study, it must give a written notice to the sponsor that the party wishes to take part in the study; and
state the notice day (proposed study) for the study, and advise the time by which the sponsor must be given the written notice that the party wishes to take part in the study; and
advise that an Aboriginal party might not be endorsed to take part in the study if it does not give the sponsor the written notice within the required time.
For subsection (5) (g) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in the study must be—
the end of 30 days after the notice day (proposed study) for the study; or
a later time decided by the sponsor.
(sec.61-ssec.1) This section applies if, for a part of the study area (the relevant part )— there is no Aboriginal cultural heritage body; and there is no Aboriginal party that is a native title party for the part.
(sec.61-ssec.2) The sponsor must ensure that a public notice ( public notice (proposed study) ) is published in a newspaper circulating generally in the relevant part.
(sec.61-ssec.3) If there is an approved form for the public notice (proposed study), the notice must be in the approved form.
(sec.61-ssec.4) The public notice (proposed study) must be published as close as practicable to the time the written notice (proposed study) is given.
(sec.61-ssec.5) The public notice (proposed study) must— be directed to Aboriginal parties for the relevant part; and advise the sponsor’s name and contact details, including the sponsor’s address for service; and advise that the sponsor intends to carry out the cultural heritage study; and describe the study area for the study and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the study area’s location in relation to the nearest town, using bearings and approximate distances; and describe the relevant part, if it is less extensive than the study area; and advise that if an Aboriginal party for the relevant part wishes to take part in the study, it must give a written notice to the sponsor that the party wishes to take part in the study; and state the notice day (proposed study) for the study, and advise the time by which the sponsor must be given the written notice that the party wishes to take part in the study; and advise that an Aboriginal party might not be endorsed to take part in the study if it does not give the sponsor the written notice within the required time.
(sec.61-ssec.6) For subsection (5) (g) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in the study must be— the end of 30 days after the notice day (proposed study) for the study; or a later time decided by the sponsor.
- (a) there is no Aboriginal cultural heritage body; and
- (b) there is no Aboriginal party that is a native title party for the part.
- (a) be directed to Aboriginal parties for the relevant part; and
- (b) advise the sponsor’s name and contact details, including the sponsor’s address for service; and
- (c) advise that the sponsor intends to carry out the cultural heritage study; and
- (d) describe the study area for the study and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the study area’s location in relation to the nearest town, using bearings and approximate distances; and
- (e) describe the relevant part, if it is less extensive than the study area; and
- (f) advise that if an Aboriginal party for the relevant part wishes to take part in the study, it must give a written notice to the sponsor that the party wishes to take part in the study; and
- (g) state the notice day (proposed study) for the study, and advise the time by which the sponsor must be given the written notice that the party wishes to take part in the study; and
- (h) advise that an Aboriginal party might not be endorsed to take part in the study if it does not give the sponsor the written notice within the required time.
- (a) the end of 30 days after the notice day (proposed study) for the study; or
- (b) a later time decided by the sponsor.