sec.53DKRequirement for proponent to give information notice

sec.53DK Requirement for proponent to give information notice

This section applies if— the proponent gives the chief executive of the department a cultural heritage notice for a games project; and both of the following apply— there is no Aboriginal party for the project area, or part of the project area, for the games project who is a native title party within the meaning of the Aboriginal Cultural Heritage Act 2003 ; there is no Torres Strait Islander party for the project area, or part of the project area, for the games project who 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 representative body for the project area, or any part of the project area, a written notice (an information notice ) asking the representative body to give the proponent, within a stated period, the name and contact details of any person— who is an Aboriginal party or Torres Strait Islander party for the area or part of the area; or whom the representative body reasonably believes may be a party mentioned in paragraph (a) . For subsection (2) , the stated period must be— at least 14 days from the day the information notice is given to the representative body; but if a maximum period is prescribed by regulation—not longer than the maximum period. The proponent must also— if there is an Aboriginal cultural heritage body or Torres Strait Islander cultural heritage body for the project area, or part of the project area—give the cultural heritage body a copy of the information notice; and publish a notice stating that— the proponent is seeking to negotiate, under this part, a part 3 plan for the project area; and each Aboriginal party or Torres Strait Islander party for the project area or part of the project area is invited to give the proponent written notice, within a stated period, if the party wishes to participate in the negotiations. For subsection (4) (b) , the notice must be published— on the department’s website; and on the website of the department in which the cultural heritage Acts are administered; and in 1 or more newspapers circulating generally in the project area and in which notices affecting Aboriginal persons and Torres Strait Islander persons are regularly published. the Koori Mail For subsection (4) (b) (ii) , the stated period must be— at least 14 days from the day the notice is published; but if a maximum period is prescribed by regulation—not longer than the maximum period. In this section— Aboriginal cultural heritage body , for a project area, has the meaning given under the Aboriginal Cultural Heritage Act 2003 . representative body see the Native Title Act 1993 (Cwlth) , section 253 . Torres Strait Islander cultural heritage body , for a project area, has the meaning given under the Torres Strait Islander Cultural Heritage Act 2003 . s 53DK ins 2025 No. 14 s 66 (sec.53DK-ssec.1) This section applies if— the proponent gives the chief executive of the department a cultural heritage notice for a games project; and both of the following apply— there is no Aboriginal party for the project area, or part of the project area, for the games project who is a native title party within the meaning of the Aboriginal Cultural Heritage Act 2003 ; there is no Torres Strait Islander party for the project area, or part of the project area, for the games project who is a native title party within the meaning of the Torres Strait Islander Cultural Heritage Act 2003 . (sec.53DK-ssec.2) As soon as practicable after giving the cultural heritage notice, the proponent must give the representative body for the project area, or any part of the project area, a written notice (an information notice ) asking the representative body to give the proponent, within a stated period, the name and contact details of any person— who is an Aboriginal party or Torres Strait Islander party for the area or part of the area; or whom the representative body reasonably believes may be a party mentioned in paragraph (a) . (sec.53DK-ssec.3) For subsection (2) , the stated period must be— at least 14 days from the day the information notice is given to the representative body; but if a maximum period is prescribed by regulation—not longer than the maximum period. (sec.53DK-ssec.4) The proponent must also— if there is an Aboriginal cultural heritage body or Torres Strait Islander cultural heritage body for the project area, or part of the project area—give the cultural heritage body a copy of the information notice; and publish a notice stating that— the proponent is seeking to negotiate, under this part, a part 3 plan for the project area; and each Aboriginal party or Torres Strait Islander party for the project area or part of the project area is invited to give the proponent written notice, within a stated period, if the party wishes to participate in the negotiations. (sec.53DK-ssec.5) For subsection (4) (b) , the notice must be published— on the department’s website; and on the website of the department in which the cultural heritage Acts are administered; and in 1 or more newspapers circulating generally in the project area and in which notices affecting Aboriginal persons and Torres Strait Islander persons are regularly published. the Koori Mail (sec.53DK-ssec.6) For subsection (4) (b) (ii) , the stated period must be— at least 14 days from the day the notice is published; but if a maximum period is prescribed by regulation—not longer than the maximum period. (sec.53DK-ssec.7) In this section— Aboriginal cultural heritage body , for a project area, has the meaning given under the Aboriginal Cultural Heritage Act 2003 . representative body see the Native Title Act 1993 (Cwlth) , section 253 . Torres Strait Islander cultural heritage body , for a project area, has the meaning given under the Torres Strait Islander Cultural Heritage Act 2003 .