sec.53DJRequirement for proponent to give negotiation proposal

sec.53DJ Requirement for proponent to give negotiation proposal

This section applies if— the proponent gives the chief executive of the department a cultural heritage notice for a games project; and either— an Aboriginal party for the project area, or part of the project area, for the project is a native title party within the meaning of the Aboriginal Cultural Heritage Act 2003 ; or a Torres Strait Islander party for the project area, or part of the project area, for the project is a native title party within the meaning of the Torres Strait Islander Cultural Heritage Act 2003 . As soon as practicable after giving the cultural heritage notice, the proponent must give the Aboriginal party or Torres Strait Islander party a negotiation proposal. For this section, a negotiation proposal is a written notice that— includes a map or other description of the project area; and if the person is an Aboriginal party or Torres Strait Islander party for part but not all of the project area—identifies the part of the project area for which the person is an Aboriginal party or Torres Strait Islander party; and states that the proponent seeks to negotiate a part 3 plan with the person under this part; and if there is more than 1 Aboriginal party or Torres Strait Islander party for the project area— identifies each other Aboriginal party or Torres Strait Islander party for the project area; and states that the proponent seeks to negotiate a single part 3 plan for the project area with which all Aboriginal parties and Torres Strait Islander parties for the project area agree; and offers to pay the person’s reasonable costs of negotiating the part 3 plan up to a stated maximum amount; and asks the person to give the proponent a written notice (a participation notice ) within a stated period if the person is willing to negotiate for a part 3 plan for the project area. For subsection (3) (e) , the maximum amount stated must not be more than the amount prescribed by regulation. For subsection (3) (f) , the stated period must be— at least 14 days from the day the negotiation proposal is given to the person; but if a maximum period is prescribed by regulation—not longer than the maximum period. s 53DJ ins 2025 No. 14 s 66 (sec.53DJ-ssec.1) This section applies if— the proponent gives the chief executive of the department a cultural heritage notice for a games project; and either— an Aboriginal party for the project area, or part of the project area, for the project is a native title party within the meaning of the Aboriginal Cultural Heritage Act 2003 ; or a Torres Strait Islander party for the project area, or part of the project area, for the project is a native title party within the meaning of the Torres Strait Islander Cultural Heritage Act 2003 . (sec.53DJ-ssec.2) As soon as practicable after giving the cultural heritage notice, the proponent must give the Aboriginal party or Torres Strait Islander party a negotiation proposal. (sec.53DJ-ssec.3) For this section, a negotiation proposal is a written notice that— includes a map or other description of the project area; and if the person is an Aboriginal party or Torres Strait Islander party for part but not all of the project area—identifies the part of the project area for which the person is an Aboriginal party or Torres Strait Islander party; and states that the proponent seeks to negotiate a part 3 plan with the person under this part; and if there is more than 1 Aboriginal party or Torres Strait Islander party for the project area— identifies each other Aboriginal party or Torres Strait Islander party for the project area; and states that the proponent seeks to negotiate a single part 3 plan for the project area with which all Aboriginal parties and Torres Strait Islander parties for the project area agree; and offers to pay the person’s reasonable costs of negotiating the part 3 plan up to a stated maximum amount; and asks the person to give the proponent a written notice (a participation notice ) within a stated period if the person is willing to negotiate for a part 3 plan for the project area. (sec.53DJ-ssec.4) For subsection (3) (e) , the maximum amount stated must not be more than the amount prescribed by regulation. (sec.53DJ-ssec.5) For subsection (3) (f) , the stated period must be— at least 14 days from the day the negotiation proposal is given to the person; but if a maximum period is prescribed by regulation—not longer than the maximum period.