60Aboriginal heritage impact permit—requirement for consultation process

#### 60 Aboriginal heritage impact permit—requirement for consultation process 60 Aboriginal heritage impact permit—requirement for consultation process > > (1) General obligation to consult Before making an application for the issue of an Aboriginal heritage impact permit, the proposed applicant must carry out an Aboriginal community consultation process in accordance with this clause. > > > (2) Notification of Aboriginal persons—where no relevant determination of native title The proposed applicant must (except in circumstances referred to in subclause (3))— > > > > > (a) ascertain from the following bodies or persons the names of any Aboriginal persons who may hold knowledge relevant to any relevant Aboriginal objects or Aboriginal places— > > > > > > > (i) the Department, > > > > > > > (ii) the relevant Local Aboriginal Land Council, > > > > > > > (iii) the Registrar appointed under the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042), > > > > > > > (iv) the relevant local council, > > > > > > > (v) the National Native Title Tribunal, > > > > > > > (vi) NTSCORP Limited (ACN 098 971 209), > > > > > > > (vii) Local Land Services, and > > > > > (b) give the Aboriginal persons whose names were ascertained under paragraph (a) notice of the proposed activity that may be the subject of the application, and > > > > > (c) cause notice of the proposed activity to be published in a local newspaper circulating generally in the area of the land on or in which the proposed activity is to be carried out. > > > (3) Notification of Aboriginal persons—where relevant native title determined to exist If an approved determination of native title that native title exists in relation to the land on or in which the proposed activity that may be the subject of such an application is to be carried out, the proposed applicant must give notice of that proposed activity to— > > > > > (a) the registered native title body corporate for that land, or > > > > > (b) if no such body corporate exists, the native title holders of that land. > > > (4) Contents of notice A notice referred to in subclause (2)(b) and (c) and (3) must contain the following— > > > > > (a) the name and contact details of the proposed applicant, > > > > > (b) a brief overview of the proposed activity that may be the subject of an application for an Aboriginal heritage impact permit, including the location of the proposed activity, > > > > > (c) an invitation to Aboriginal people who hold knowledge relevant to determining the cultural heritage significance of Aboriginal objects and Aboriginal places in the area in which the proposed activity is to occur to register an interest in a process of community consultation with the proposed applicant regarding the proposed activity, > > > > > (d) a statement that the purpose of community consultation with Aboriginal people is to assist the proposed applicant in the preparation of an application for an Aboriginal heritage impact permit and to assist the Secretary in the Secretary’s consideration and determination of the application, > > > > > (e) a closing date for the registration of such interests (being a date that is at least 14 days after the date the notice was given or published). > > > (5) Registering interested Aboriginal parties and providing them with information The proposed applicant must, within 28 days after the closing date for the registration of interests— > > > > > (a) make a record of the names of each Aboriginal person who registered such an interest (registered Aboriginal party), and > > > > > (b) forward a copy of that record to the Department and the relevant Local Aboriginal Land Council, and > > > > > (c) provide each registered Aboriginal party with detailed information regarding the activity that may be the subject of the proposed application. > > > (6) Consultation on proposed methodology of cultural heritage assessment report The proposed applicant must— > > > > > (a) provide the registered Aboriginal parties with a proposed methodology to be used in the preparation of the cultural heritage assessment report to be submitted with the application (as referred to in clause 61), and > > > > > (b) give those parties a reasonable opportunity (being at least 28 days after the date of providing the proposed methodology) to make submissions (whether written or oral) on the proposed methodology. > > > (7) Proposed applicant to seek certain information The proposed applicant must, during the consultation on the proposed methodology of the cultural heritage assessment report referred to in subclause (6), seek the following information from the registered Aboriginal parties in relation to the area of land to which the proposed application relates— > > > > > (a) whether there are any Aboriginal objects of cultural value to Aboriginal people in the area, > > > > > (b) whether there are any places of cultural value to Aboriginal people in the area (whether they are Aboriginal places declared under section 84 of the Act or not). > > > (8) Consultation on draft cultural heritage assessment report After giving each registered Aboriginal party the opportunity to make submissions on the proposed methodology to be used in the preparation of the cultural heritage assessment report (as referred to in subclause (6)(b)), the proposed applicant must— > > > > > (a) provide a copy of the draft cultural heritage assessment report to the registered Aboriginal parties, and > > > > > (b) give those parties a reasonable opportunity (being at least 28 days after the date of providing the draft report) to make submissions (whether written or oral) on the draft report. > > > (9) An application for an Aboriginal heritage impact permit is not invalid merely because the applicant for the permit failed to comply with any one or more of the requirements set out in this clause. > > > > Note. > > > > Under section 90K(1)(g) of the Act, the Secretary, in making a decision in relation to an Aboriginal heritage impact permit, must consider whether any consultation by the applicant with Aboriginal people regarding the Aboriginal objects or Aboriginal place that are the subject of the permit substantially complied with any requirements for consultation set out in the regulations. > > > (10) Modified or alternative Aboriginal community consultation process Despite subclause (1), if an agreement of the following kind specifies or identifies a modified or alternative Aboriginal community consultation process for the purposes of Part 6 of the Act, the proposed applicant is to carry out an Aboriginal community consultation process in accordance with that modified or alternative consultation process— > > > > > (a) a registered Indigenous Land Use Agreement under the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth entered into between an Aboriginal community and the State, > > > > > (b) a lease entered into under Part 4A of the Act, > > > > > (c) an agreement entered into by the Secretary and a board of management for land reserved under Part 4A of the Act that has the consent of the Aboriginal owner board members for the land concerned, > > > > > (d) an agreement entered into between an Aboriginal community and the Department. > > > (11) In this clause— > > > > approved determination of native title has the same meaning as in the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth. > > > > native title holder has the same meaning as in the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth. > > > > registered native title body corporate has the same meaning as in the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth. > > **cl 60:** Am 2021 (25), Sch 1\[8\]; 2022 No 59, Sch 3.47\[1\] \[2\]; 2025 (329), Sch 1\[22\].