49Development affecting places or sites of known or potential Aboriginal heritage significance

49 Development affecting places or sites of known or potential Aboriginal heritage significance

49 Development affecting places or sites of known or potential Aboriginal heritage significance

(1) Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance, or a potential place of Aboriginal heritage significance, or that will be carried out on an Aboriginal archaeological site, or potential Aboriginal archaeological site or a relic that has Aboriginal heritage significance, the consent authority must—

(a) consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and

(b) except where the proposed development is integrated development, notify the local Aboriginal communities (in such a way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice was sent.

(2) Before granting consent for development on, or in the vicinity of, an Aboriginal place or archaeological site, the consent authority must consider—

(a) the archaeological and scientific significance of the place or site, and

(b) the potential impact of the development on the known Aboriginal cultural values of the place or site, and

(c) connectivity between individual places or archaeological sites that may represent a network of past Aboriginal activity across the landscape, and

(d) management issues, including monitoring and controlled access to the place or site, and

(e) any study or plan of management for the Aboriginal place or site, and

(f) the likely impact of any development during and after any proposed construction works, and

(g) any mitigation works to protect the heritage values of the place or site.

cl 49: Am 2008 (571), Sch 3.159 [7] [8]; 2009 No 56, Sch 2.58.