34ASurveys for Aboriginal cultural heritage

34A Surveys for Aboriginal cultural heritage (1) A person intending to carry out a survey for Aboriginal cultural heritage must give written notice of the person's intention to carry out the survey— (a) to each relevant registered Aboriginal party; and (b) to the Secretary (unless the Secretary is the person intending to carry out the survey); and (c) to the owner or occupier of any land within the area to which the survey relates. (2) A notice under subsection (1) must— (a) contain the name and contact details of the person intending to carry out the survey for Aboriginal cultural heritage; and (b) contain a description of the proposed activity to which the survey relates; and (c) clearly identify the area in respect of which the survey is to be prepared; and (d) specify the dates within which the survey is proposed to be undertaken. (3) On receiving a notice under subsection (1), a registered Aboriginal party may, within 14 days, notify the person intending to carry out the survey whether the party wishes to participate in the survey. (4) A registered Aboriginal party that notifies the person under subsection (3) may participate in the conduct of the survey. (5) A person who carries out a survey for Aboriginal cultural heritage must give a copy of any relevant documentation to the Secretary for recording on the Register by the earlier of— (a) 30 days after producing the final report relating to the survey; or (b) within 12 months after giving notice under subsection (1). Penalty: In the case of a natural person, 10 penalty units; (6) If a person intending to carry out a survey for Aboriginal cultural heritage gives a notice under subsection (1) but does not carry out the survey, the person must notify the Secretary that the survey was not carried out. (7) This section does not apply to a person intending to carry out— (a) a survey for Aboriginal cultural heritage within an area to which an Aboriginal cultural heritage land management agreement applies; or (b) a survey for the purposes of a cultural heritage management plan. (8) In this section— ***relevant documentation*** means any site records, photographs, maps and plans relating to the survey for Aboriginal cultural heritage, and a copy of any final report.