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(a) the proponent gives the chief executive of
the department a cultural heritage notice for
a games project; and
(b) either—
(i) an Aboriginal party for the project
area, or part of the project area, for the
project is a native title party within the
meaning of the Aboriginal Cultural
Heritage Act 2003; or
(ii) a Torres Strait Islander party for the
project area, or part of the project area,
for the project is a native title party
within the meaning of the Torres Strait
Islander Cultural Heritage Act 2003.
(2) As soon as practicable after giving the cultural
heritage notice, the proponent must give the
Aboriginal party or Torres Strait Islander party a
negotiation proposal.
(3) For this section, a negotiation proposal is a
written notice that—
(a) includes a map or other description of the
project area; and
(b) if the person is an Aboriginal party or Torres
Strait Islander party for part but not all of
the project area—identifies the part of the
project area for which the person is an
Aboriginal party or Torres Strait Islander
party; and
(c) states that the proponent seeks to negotiate a
part 3 plan with the person under this part;
and
(d) if there is more than 1 Aboriginal party or
Torres Strait Islander party for the project
area—
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(i) identifies each other Aboriginal party
or Torres Strait Islander party for the
project area; and
(ii) states that the proponent seeks to
negotiate a single part 3 plan for the
project area with which all Aboriginal
parties and Torres Strait Islander
parties for the project area agree; and
(e) offers to pay the person’s reasonable costs
of negotiating the part 3 plan up to a stated
maximum amount; and
(f) asks the person to give the proponent a
written notice (a participation notice)
within a stated period if the person is willing
to negotiate for a part 3 plan for the project
area.
(4) For subsection (3)(e), the maximum amount
stated must not be more than the amount
prescribed by regulation.
(5) For subsection (3)(f), the stated period must be—
(a) at least 14 days from the day the negotiation
proposal is given to the person; but
(b) if a maximum period is prescribed by
regulation—not longer than the maximum
period.
53DK Requirement for proponent to give
information notice
(1) This section applies if—
(a) the proponent gives the chief executive of
the department a cultural heritage notice for
a games project; and
(b) both of the following apply—
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Section retrieval-0007 - Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 - Document excerpt 7 | Zoe
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(i) there is no Aboriginal party for the
project area, or part of the project area,
for the games project who is a native
title party within the meaning of the
Aboriginal Cultural Heritage Act 2003;
(ii) there is no Torres Strait Islander party
for the project area, or part of the
project area, for the games project who
is a native title party within the
meaning of the Torres Strait Islander
Cultural Heritage Act 2003.
(2) As soon as practicable after giving the cultural
heritage notice, the proponent must give the
representative body for the project area, or any
part of the project area, a written notice (an
information notice) asking the representative
body to give the proponent, within a stated period,
the name and contact details of any person—
(a) who is an Aboriginal party or Torres Strait
Islander party for the area or part of the area;
or
(b) whom the representative body reasonably
believes may be a party mentioned in
paragraph (a).
(3) For subsection (2), the stated period must be—
(a) at least 14 days from the day the information
notice is given to the representative body;
but
(b) if a maximum period is prescribed by
regulation—not longer than the maximum
period.
(4) The proponent must also—
(a) if there is an Aboriginal cultural heritage
body or Torres Strait Islander cultural
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heritage body for the project area, or part of
the project area—give the cultural heritage
body a copy of the information notice; and
(b) publish a notice stating that—
(i) the proponent is seeking to negotiate,
under this part, a part 3 plan for the
project area; and
(ii) each Aboriginal party or Torres Strait
Islander party for the project area or
part of the project area is invited to give
the proponent written notice, within a
stated period, if the party wishes to
participate in the negotiations.
(5) For subsection (4)(b), the notice must be
published—
(a) on the department’s website; and
(b) on the website of the department in which
the cultural heritage Acts are administered.
(6) For subsection (4)(b)(ii), the stated period must
be—
(a) at least 14 days from the day the notice is
published; but
(b) if a maximum period is prescribed by
regulation—not longer than the maximum
period.
(7) In this section—
Aboriginal cultural heritage body, for a project
area, has the meaning given under the Aboriginal
Cultural Heritage Act 2003.
representative body see the Native Title Act 1993
(Cwlth), section 253.
Torres Strait Islander cultural heritage body, for
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a project area, has the meaning given under the
Torres Strait Islander Cultural Heritage Act
2003.
53DL Additional requirement to give negotiation
proposal
(1) This section applies if the proponent—
(a) has given an information notice under
section 53DK; and
(b) receives—
(i) the name and contact details of an
Aboriginal party or Torres Strait
Islander party for the project area or
part of the project area under section
53DK(2) (an identified party); or
(ii) a written notice from an Aboriginal
party or Torres Strait Islander party for
the project area or part of the project
area under section 53DK(4)(b)(ii) (also
an identified party).
(2) The proponent must give a negotiation proposal
under section 53DJ to each identified party.
Division 3 Negotiation of part 3 plan
53DM What is the negotiation period
(1) The negotiation period, for a part 3 plan for a
project area, starts on the day after the following
day—
(a) if there is 1 Aboriginal party or Torres Strait
Islander party for the project area—the day
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the proponent receives a participation notice
from the party;
(b) if there is more than 1 Aboriginal party or
Torres Strait Islander party for the project
area—the day the proponent receives the
last participation notice.
(2) The negotiation period for the part 3 plan ends on
the day that is 60 days after the day mentioned in
subsection (1).
(3) If no Aboriginal party or Torres Strait Islander
party is given a negotiation proposal under this
part, there is no negotiation period for the part 3
plan.
53DN Requirement to negotiate in good faith
(1) During the negotiation period for a part 3 plan, the
negotiating parties must negotiate the terms of the
plan in good faith.
(2) If there are different Aboriginal parties and Torres
Strait Islander parties for parts of the project area,
all negotiating parties must negotiate with the aim
of agreeing on the terms of a single part 3 plan for
the whole project area.
53DO Terms of part 3 plan agreed during
negotiation period
(1) If, during the negotiation period for the part 3
plan, the negotiating parties agree on all of the
terms of the plan—
(a) the plan must be signed by each negotiating
party; and
(b) the proponent must give a copy of the
signed plan to—
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(i) the chief executive of the department;
and
(ii) the chief executive (cultural heritage).
(2) On the day subsection (1)(b) is complied with, the
signed plan takes effect as, and is taken to be—
(a) an approved cultural heritage management
plan under the Aboriginal Cultural Heritage
Act 2003 applying to all Aboriginal cultural
heritage in the project area; and
(b) 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.
Division 4 Mediation
53DP Application of division
This division applies if, after the 40th day of the
negotiation period for a part 3 plan but before the
period has ended, the negotiating parties—
(a) have not agreed on all of the terms of a part
3 plan for the project area; but
(b) agree there is a reasonable prospect of all of
the terms being agreed by mediation by the
Land Court.
53DQ Mediation by Land Court
(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.
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(2) The Land Court may mediate the matter if the
court considers it is suitable for mediation.
(3) If, during the mediation period for the part 3 plan,
the negotiating parties agree on all of the terms of
the plan—
(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).
(4) On the day subsection (3)(b) is complied with, the
signed plan takes effect as, and is taken to be—
(a) an approved cultural heritage management
plan under the Aboriginal Cultural Heritage
Act 2003 applying to all Aboriginal cultural
heritage in the project area; and
(b) 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.
(5) If subsection (3) does not apply, the mediation
ends on the last day of the mediation period for
the plan.
(6) In this section—
mediation period, for a part 3 plan, means the
period—
(a) starting on the day the joint request is made
under subsection (1); and
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(b) ending on the day the negotiation period for
the plan ends.
Division 5 Default plan
53DR Application of division
This division applies if—
(a) the proponent gives the chief executive of
the department a cultural heritage notice for
a games project; and
(b) any of the following apply—
(i) no Aboriginal party or Torres Strait
Islander party for any part of the
project area for the project has been
given a negotiation proposal under
division 2;
(ii) no Aboriginal party or Torres Strait
Islander party for the area has given the
proponent a participation notice in
response to a negotiation proposal and
the period for giving a participation
notice has ended;
(iii) the negotiation period for a part 3 plan
for the area ends without the
negotiating parties agreeing on all of
the terms of the plan.
53DS When default plan takes effect
(1) On the relevant day, the default plan takes effect
as, and is taken to be—
(a) an approved cultural heritage management
plan under the Aboriginal Cultural Heritage
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Act 2003 applying to all Aboriginal cultural
heritage in the project area; and
(b) 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.
(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.
(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.
(4) In this section—
relevant day means—
(a) if section 53DR(b)(i) applies—the day after
the period stated in the information notice
under section 53DK(2) ends; or
(b) if section 53DR(b)(ii) applies—the day after
the last period for giving a participation
notice ends; or
(c) if section 53DR(b)(iii) applies—the day
after the negotiation period ends.
Division 6 Other provisions
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53DT Lawfulness of development, use or activity
carried out in accordance with plan
(1) This section applies if a part 3 plan, for the project
area for a games project, has taken effect under
section 53DO(2), 53DQ(4) or 53DS(1).
(2) A person carrying out development, or a use or
activity, for the games project in accordance with
the plan does not commit an offence against a
cultural heritage Act.
53DU Limitation on provisions about stop orders
and injunctions
(1) This section applies if the proponent for a games
project has given the chief executive for the
department a cultural heritage notice, whether or
not a part 3 plan for the project area for the games
project has taken effect.
(2) A stop order must not be given under a cultural
heritage Act for an activity that is part of the
games project.
(3) A group, or a member of a group, can not apply to
the Land Court for an injunction under the Land
Court Act 2000, section 32H to stop the doing of
an act that is part of the games project.
53DV Amending or replacing part 3 plan settled by
negotiating parties
(1) A part 3 plan that has taken effect under section
53DO(2) or 53DQ(4) may be amended or
replaced by the negotiating parties by a written
agreement (the amending agreement) that is
signed by each negotiating party.
(2) The proponent must give a copy of the amending
agreement to—
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(a) the chief executive of the department; and
(b) the chief executive (cultural heritage).
53DW Amending or replacing default plan that has
taken effect
(1) This section applies if the default plan has taken
effect under section 53DS(1).
(2) The default plan can not be amended or replaced
by the negotiating parties.
(3) Subsection (4) applies if, after the relevant day
within the meaning of section 53DS, an
Aboriginal party or Torres Strait Islander party for
the project area becomes a native title party for the
area or part of the area.
(4) Without limiting subsection (2)—
(a) the proponent is not required to give the
Aboriginal party or Torres Strait Islander
party a negotiation proposal; and
(b) the default plan continues in effect for the
purposes mentioned in section 53DS(1).
53DX Immunity from prosecution
Nothing in this part makes the State liable to
prosecution under an Act for acts or omissions
under this part in relation to harm caused to
Aboriginal cultural heritage or Torres Strait
Islander cultural heritage.
Part 4 Use of necessary
games infrastructure
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