National Parks and Wildlife Regulation 2019
60Aboriginal heritage impact permit—requirement for consultation process
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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,
(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—