sec.53DQMediation by Land Court

sec.53DQ Mediation by Land Court

The negotiating parties may make a joint request to the Land Court for it to provide mediation to resolve the terms of the part 3 plan. The Land Court may mediate the matter if the court considers it is suitable for mediation. If, during the mediation period for the part 3 plan, the negotiating parties agree on all of the terms of the plan— the plan must be signed by each negotiating party; and the proponent must give a copy of the signed plan to— the chief executive of the department; and the chief executive (cultural heritage). On the day subsection (3) (b) is complied with, the signed plan takes effect as, and is taken to be— an approved cultural heritage management plan under the Aboriginal Cultural Heritage Act 2003 applying to all Aboriginal cultural heritage in the project area; and an approved cultural heritage management plan under the Torres Strait Islander Cultural Heritage Act 2003 applying to all Torres Strait Islander cultural heritage in the project area. If subsection (3) does not apply, the mediation ends on the last day of the mediation period for the plan. In this section— mediation period , for a part 3 plan, means the period— starting on the day the joint request is made under subsection (1) ; and ending on the day the negotiation period for the plan ends. s 53DQ ins 2025 No. 14 s 66 (sec.53DQ-ssec.1) The negotiating parties may make a joint request to the Land Court for it to provide mediation to resolve the terms of the part 3 plan. (sec.53DQ-ssec.2) The Land Court may mediate the matter if the court considers it is suitable for mediation. (sec.53DQ-ssec.3) If, during the mediation period for the part 3 plan, the negotiating parties agree on all of the terms of the plan— the plan must be signed by each negotiating party; and the proponent must give a copy of the signed plan to— the chief executive of the department; and the chief executive (cultural heritage). (sec.53DQ-ssec.4) On the day subsection (3) (b) is complied with, the signed plan takes effect as, and is taken to be— an approved cultural heritage management plan under the Aboriginal Cultural Heritage Act 2003 applying to all Aboriginal cultural heritage in the project area; and an approved cultural heritage management plan under the Torres Strait Islander Cultural Heritage Act 2003 applying to all Torres Strait Islander cultural heritage in the project area. (sec.53DQ-ssec.5) If subsection (3) does not apply, the mediation ends on the last day of the mediation period for the plan. (sec.53DQ-ssec.6) In this section— mediation period , for a part 3 plan, means the period— starting on the day the joint request is made under subsection (1) ; and ending on the day the negotiation period for the plan ends.

• (a) the plan must be signed by each negotiating party; and
• (b) the proponent must give a copy of the signed plan to— (i) the chief executive of the department; and (ii) the chief executive (cultural heritage).