61Aboriginal heritage impact permit—requirement for cultural heritage assessment report

61 Aboriginal heritage impact permit—requirement for cultural heritage assessment report

61 Aboriginal heritage impact permit—requirement for cultural heritage assessment report

(1) For the purposes of section 90A(2)(b) of the Act, an application for the issue of an Aboriginal heritage impact permit must be accompanied by a cultural heritage assessment report.

(2) A cultural heritage assessment report is to deal with the following matters—

(a) the significance of the Aboriginal objects or Aboriginal places that are the subject of the application,

(b) the actual or likely harm to those Aboriginal objects or Aboriginal places from the proposed activity that is the subject of the application,

(c) any practical measures that may be taken to protect and conserve those Aboriginal objects or Aboriginal places,

(d) any practical measures that may be taken to avoid or mitigate any actual or likely harm to those Aboriginal objects or Aboriginal places.

(3) A cultural heritage assessment report must include—

(a) if any submission has been received from a registered Aboriginal party under clause 60 (including any submission on the proposed methodology to be used in the preparation of the report and any submission on the draft report), a copy of the submission, and

(b) the applicant’s response to each such submission.

(4) An applicant for the issue of an Aboriginal heritage impact permit must, within 14 days of making the application, send a copy of the application (including any cultural heritage assessment report submitted with the application) to the following—

(a) any registered Aboriginal party (within the meaning of clause 60) in relation to the application,

(b) the relevant Local Aboriginal Land Council.