37Restrictions on grant of permit

37 Restrictions on grant of permit S. 37(1) substituted by No. 11/2016 s. 33(1). (1) A cultural heritage permit authorising the applicant to do anything referred to in section 36(1)(c) to (e) must not be granted in respect of Aboriginal ancestral remains or an Aboriginal object that is a secret or sacred Aboriginal object. S. 37(1A) inserted by No. 11/2016 s. 33(1). (1A) The Secretary must consult with the Council before issuing a cultural heritage permit if the Secretary is the approval body and the application is for a permit to do anything referred to in section 36(1)(a) and (b) in respect of Aboriginal ancestral remains. (2) A cultural heritage permit must not be granted for an activity for which a cultural heritage management plan is required under this Act. S. 37(3) inserted by No. 11/2016 s. 33(2). (3) A cultural heritage permit must not be granted in respect of Aboriginal intangible heritage. Ss 38, 39 repealed by No. 11/2016 s. 34.