sec.53DSWhen default plan takes effect

sec.53DS When default plan takes effect

On the relevant day, the default 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. However, if section 53DR (b) (i) applies, the default plan does not apply to the extent it would otherwise require the proponent to notify or consult an Aboriginal party or Torres Strait Islander party for the project area, or part of the project area. The proponent must give a written notice to each other negotiating party stating that, under this division, the default plan has taken effect as the approved cultural heritage management plan for the project area for the purposes of the cultural heritage Acts. Also, the proponent must give a copy of the notice mentioned in subsection (3) to— the chief executive of the department; and the chief executive (cultural heritage). In this section— relevant day means— if section 53DR (b) (i) applies—the day after the period stated in the information notice under section 53DK (2) ends; or if section 53DR (b) (ii) applies—the day after the last period for giving a participation notice ends; or if section 53DR (b) (iii) applies—the day after the negotiation period ends. s 53DS ins 2025 No. 14 s 66 (sec.53DS-ssec.1) On the relevant day, the default 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.53DS-ssec.2) However, if section 53DR (b) (i) applies, the default plan does not apply to the extent it would otherwise require the proponent to notify or consult an Aboriginal party or Torres Strait Islander party for the project area, or part of the project area. (sec.53DS-ssec.3) The proponent must give a written notice to each other negotiating party stating that, under this division, the default plan has taken effect as the approved cultural heritage management plan for the project area for the purposes of the cultural heritage Acts. (sec.53DS-ssec.3A) Also, the proponent must give a copy of the notice mentioned in subsection (3) to— the chief executive of the department; and the chief executive (cultural heritage). (sec.53DS-ssec.4) In this section— relevant day means— if section 53DR (b) (i) applies—the day after the period stated in the information notice under section 53DK (2) ends; or if section 53DR (b) (ii) applies—the day after the last period for giving a participation notice ends; or if section 53DR (b) (iii) applies—the day after the negotiation period ends.