116Sponsor may apply to VCAT

116 Sponsor may apply to VCAT

(1) The sponsor of a cultural heritage management plan may apply to VCAT for review of a decision of a registered Aboriginal party under section 63 to refuse to approve the plan—

(a) if each relevant registered Aboriginal party has refused to approve the plan under section 63; or

(b) if—

(i) a relevant registered Aboriginal party has decided to refuse to approve the plan under section 63; and

(ii) the dispute arising from that decision has been referred to the Chairperson of the Council for alternative dispute resolution under Subdivision 1; and

(iii) the Chairperson has certified in writing that alternative dispute resolution under Subdivision 1 has failed, or is unlikely, to resolve the dispute.

(2) The sponsor of a cultural heritage management plan may apply to VCAT for review of a decision of the Secretary under section 65 to refuse to approve the plan.

(3) An application for a review must be made within 28 days after the later of—

(a) the day on which the applicant is notified of the decision;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.