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State Policies and Projects (Macquarie Point Precinct) Order 2025
SCHEDULE 3 - Aboriginal HeritaSCHEDULE 3 - Aboriginal Heritage Conditions
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# SCHEDULE 3 - Aboriginal Herita SCHEDULE 3 - Aboriginal Heritage Conditions
[Clause 7](#GS7@EN)
> **1. **Interpretation****
>
> > In this Schedule –
> >
> > > ***Aboriginal heritage area*** means the area of land comprising of –
> > >
> > > > > (a) an L-shaped polygon of land (of approx. 1 400 square metres) that falls within the imaginary boundary defined by the following straight lines:
> > > > >
> > > > > > > (i) a line (approx. 70m) from grid reference E527369, N5252504 (being approximately 15m east of Davey Street and 230m south-west of the Cenotaph) to grid reference E527416, N5252556;
> > > > > >
> > > > > > > (ii) a line (approx. 5m) from grid reference E527416, N5252556 to grid reference E527419, N5252553;
> > > > > >
> > > > > > > (iii) a line (approx. 55m) from grid reference E527419, N5252553 to grid reference E527396, N5252501;
> > > > > >
> > > > > > > (iv) a line (approx. 50m) from grid reference E527396, N5252501 to grid reference E527427, N5252460;
> > > > > >
> > > > > > > (v) a line (approx. 10m) from grid reference E527427, N5252460 to grid reference E527420, N5252453;
> > > > > >
> > > > > > > (vi) a line (approx. 75m) from grid reference E527420, N5252453 to grid reference E527369, N5252504; and
> > > >
> > > > > (b) the area of land recorded as entry AH 13901 in the Aboriginal Heritage Register that is maintained by Aboriginal Heritage Tasmania;
> >
> > > ***Aboriginal Heritage Council*** means the Aboriginal Heritage Council established by section 3 of the [Aboriginal Heritage Act 1975](/view/html/inforce/2026-04-12/act-2016-081) ;
> >
> > > ***Aboriginal Heritage Officer*** means a person who is recorded in the Register of Consulting Aboriginal Heritage Officers that is maintained by Aboriginal Heritage Tasmania;
> >
> > > ***Aboriginal Heritage Tasmania*** means such part of the department responsible for the administration of the [Aboriginal Heritage Act 1975](/view/html/inforce/2026-04-12/act-2016-081) as is responsible for that Act;
> >
> > > ***Aboriginal Heritage Tasmania employee*** means a State Service officer, or State Service employee, employed or engaged by Aboriginal Heritage Tasmania;
> >
> > > ***grid reference*** means the grid reference taken from the Universal Grid Reference System used in Tasmania and based on the Geocentric Datum of Australia (also known as GDA94) as defined in the Commonwealth Gazette No. GN35, 6 September 1995;
> >
> > > ***relic*** has the same meaning as in the [Aboriginal Heritage Act 1975](/view/html/inforce/2026-04-12/act-2016-081) .
> **2. **AH1****
>
> > An archaeologist and an Aboriginal Heritage Officer must be present to monitor the removal of topsoil during works on Project land within the Aboriginal heritage area to a depth that is deemed, by the archaeologist and Aboriginal Heritage Officer, to be sterile of Aboriginal heritage potential.
> **3. **AH2****
>
> > The archaeologist and Aboriginal Heritage Officer that are present on Project land –
> >
> > > > (a) may collect and store relics, observed on Project land, with other relics already removed from Project land and in the custody of the Proponent; and
> > >
> > > > (b) are to seek advice from Aboriginal Heritage Tasmania in respect of –
> > > >
> > > > > > (i) each relic collected and stored under this condition; and
> > > > >
> > > > > > (ii) whether a relic is to be collected from Project land.
> **4. **AH3****
>
> > Any subsequent relocation of a relic from Project land, including the relic’s use for interpretative purposes, must be consistent with advice provided by the Aboriginal Heritage Council as a result of consultation with the Tasmanian Aboriginal community.
> **5. **AH4****
>
> > Consultation with the Tasmanian Aboriginal community, as referenced in condition AH3 –
> >
> > > > (a) is the responsibility of the Proponent; and
> > >
> > > > (b) must be completed no later than one year after the completion of the Project.
> **6. **AH5****
>
> > > (1) Before works in respect of the Project commence, a plan in respect of the Project must be prepared that covers the following requirements in respect of an unanticipated discovery of Aboriginal Heritage:
> > >
> > > > > (a) if the unanticipated discovery does not relate to skeletal material –
> > > > >
> > > > > > > (i) the person who believes that they have uncovered a relic on Project land must notify all persons working in the immediate area that all earth disturbances in that area must immediately cease; and
> > > > > >
> > > > > > > (ii) a temporary buffer zone of at least 10 metres is to be established to protect the suspected relic, where practicable; and
> > > > > >
> > > > > > > (iii) no persons may enter the buffer zone until the suspected relic has been assessed by an archaeologist, an Aboriginal Heritage Officer or an Aboriginal Heritage Tasmania employee; and
> > > > > >
> > > > > > > (iv) Aboriginal Heritage Tasmania must be contacted as soon as is practicable, and no later than 48 hours, after the suspected relic is discovered; and
> > > > > >
> > > > > > > (v) documentation of the suspected relic must be provided to Aboriginal Heritage Tasmania as soon as is practicable; and
> > > >
> > > > > (b) if the unanticipated discovery relates to skeletal material –
> > > > >
> > > > > > > (i) the person who believes that they have uncovered the suspected skeletal remains on Project land must immediately notify the police, or the coroner, and inform all persons working in the immediate area that all earth disturbances in that area must immediately cease; and
> > > > > >
> > > > > > > (ii) no person may touch, or disturb, the remains, and the location is to be treated as a potential crime scene; and
> > > > > >
> > > > > > > (iii) a temporary buffer zone of at least 50 metres is to be established to protect the remains, where practicable; and
> > > > > >
> > > > > > > (iv) works may not resume within the buffer zone until the remains have been dealt with in accordance with the relevant legislation.
> >
> > > (2) A plan prepared under this condition must be prepared to the satisfaction of the Minister administering the [Aboriginal Heritage Act 1975](/view/html/inforce/2026-04-12/act-2016-081) , in consultation with the department responsible for the administration of that Act.