Part 3Protection and preservation of Aboriginal heritage

Part 3—Protection and preservation of Aboriginal heritage Division A1—Agreement making with Recognised Aboriginal Representative Bodies 19H—Negotiation of agreement with Recognised Aboriginal Representative Body (1) Subject to this Act, an applicant for an authorisation under section 21 or 23 (the proponent) may, if there is a Recognised Aboriginal Representative Body in respect of an area, or in respect of an Aboriginal site, object or remains, to which the application relates— (a) negotiate with the Recognised Aboriginal Representative Body; and (b) enter into an agreement (a local heritage agreement) with the Recognised Aboriginal Representative Body, in respect of the area, site, object or remains to which the application relates. (2) A Recognised Aboriginal Representative Body may refuse to negotiate or enter an agreement under this section for any reason it thinks fit. (3) Each person or body taking part in negotiations under subsection (1) must do so in good faith. (4) A local heritage agreement must contain the provisions, and set out the information, required by the regulations and the guidelines (and may contain any other provisions the parties to the agreement think fit). (5) Without limiting subsection (4), the regulations may require a local heritage agreement to contain— (a) a provision limiting the costs or charges payable in relation to the agreement (whether by reference to a specified amount, a proportion of the total costs of a specified project or otherwise); or (b) provisions relating to dispute resolution. (6) A local heritage agreement does not have effect until it has been approved by the Minister under section 19I, and, following such approval, has effect— (a) if a commencement day that falls earlier than the day on which the authorisation to which the agreement relates takes effect is specified in the agreement—from that day; or (b) in any other case—from the time the authorisation to which the agreement relates takes effect, and remains in force until— (c) if the agreement specifies a day on which it ceases to have effect—that day; or (d) — (i) the authorisation to which the agreement relates ceases to have effect; and (ii) all requirements under the agreement have been satisfied; or (e) the agreement is revoked in accordance with this Act, whichever occurs first. (7) A local heritage agreement may, with the written agreement of all parties to the agreement and with the approval of the Minister, be varied or revoked. 19I—Approval of local heritage agreement by Minister (1) A local heritage agreement must be submitted to the Minister for approval in a manner and form determined by the Minister. (2) The Minister must, as soon as is reasonably practicable after receipt of the agreement, determine whether or not to approve the local heritage agreement. (3) The Minister may approve a local heritage agreement if he or she is satisfied that the agreement satisfactorily deals with Aboriginal sites, objects or remains known to be, or that may be, located in the area affected by the application to which the agreement relates. (4) The Minister must, in deciding whether or not to approve an agreement, have regard to the matters set out in the regulations and the guidelines for the purposes of this section. (5) If the Minister is not satisfied of any matters referred to in this section, the Minister may remit the local heritage agreement to the parties to the agreement for further negotiation and agreement. 19J—Minister to grant certain authorisations where local heritage agreement approved (1) The Minister must grant an authorisation under this Part if a local heritage agreement relating to the application has been approved under section 19I (and it is a condition of every authorisation so granted that the person authorised complies with the terms of the local heritage agreement). (2) Nothing in this section prevents the Minister from imposing other conditions on an authorisation under section 14 (however, a condition so imposed that is inconsistent with the agreement will, to the extent of the inconsistency, be taken to be void and of no effect). 19K—Enforcement of local heritage agreement (1) If— (a) a party to a local heritage agreement fails to comply with the agreement; or (b) there is reason to apprehend that a party to a local heritage agreement may fail to comply with the agreement, any other party to the agreement may apply to the District Court for an order under this section. (2) On such an application, the District Court may make such orders as are necessary to secure compliance with the local heritage agreement, or to remedy the default, and to deal with any related or incidental matters. (3) However, no order for costs is to be made under subsection (2) unless the District Court considers such an order to be necessary in the interests of justice. 19L—Interaction of Division with other provisions (1) Nothing in this Division prevents a person from acting in accordance with— (a) the authority of the Minister granted under another provision of this Act; or (b) an agreement contemplated by Division A2. (2) To avoid doubt, nothing in this Division limits section 20. Division A2—Agreements affecting Aboriginal heritage under other Acts 19M—Application of Division This Division applies to— (a) an indigenous land use agreement under the Native Title Act 1993 of the Commonwealth; or (b) an agreement under Part 2 Division 3 Subdivision P of the Native Title Act 1993 of the Commonwealth; or (c) a native title mining agreement under the Mining Act 1971 or the Opal Mining Act 1995; or (d) an agreement under the Land Acquisition Act 1969 relating to native title rights and made in relation to a prescribed private acquisition (within the meaning of that Act); or (e) an agreement, or an agreement of a class, declared by the regulations to be included in the ambit of this subsection, approved by the Minister under section 19N for the purposes of this Division. 19N—Approval of agreements to which Division applies (1) The Minister may, on application or on his or her own motion, by notice in writing, approve an agreement referred to in section 19M for the purposes of this Division. (2) An approval may be conditional or unconditional. (3) Before approving an agreement, the Minister must consult with the Committee (and may consult with any other person or body the Minister thinks fit). (4) The Minister may only approve an agreement if he or she is satisfied that the agreement satisfactorily deals with Aboriginal sites, objects or remains known to be, or that may be, located in the area to which the agreement relates. 19O—Variation, revocation or suspension of approval (1) The Minister may, by notice in the Gazette, vary, revoke or suspend an approval under section 19N for any reason he or she thinks fit. (2) Before varying, revoking or suspending an approval under this section, the Minister must consult with the Committee (and may consult with any other person or body the Minister thinks fit). 19P—Certain provisions of Part not to apply in relation to acts done under approved agreements Subject to this Division, sections 21 and 23 do not apply to, or in relation to, an act or omission done in accordance with an agreement to which this Division applies. Division A3—Register 19Q—Register (1) The Minister must establish and maintain a register consisting of— (a) local heritage agreements; and (b) agreements to which Division A2 applies. (2) The register must contain the information required by the regulations and may contain such other information as the Committee thinks fit. (3) The register may only be inspected in accordance with the regulations. (4) The Governor may only make regulations for the purposes of this section on the recommendation of the Minister given after consultation with the Committee.