New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 90K

90K Factors to be considered in making determinations regarding permits

(1) In making a decision in relation to an Aboriginal heritage impact permit, the Secretary must consider the following matters--

(a) the objects of this Act,

(b) actual or likely harm to the Aboriginal objects or Aboriginal place that are the subject of the permit,

(c) practical measures that may be taken to protect and conserve the Aboriginal objects or Aboriginal place that are the subject of the permit,

(d) practical measures that may be taken to avoid or mitigate any actual or likely harm to the Aboriginal objects or Aboriginal place that are the subject of the permit,

(e) the significance of the Aboriginal objects or Aboriginal place that are the subject of the permit,

(f) the results of any consultation by the applicant with Aboriginal people regarding the Aboriginal objects or Aboriginal place that are the subject of the permit (including any submissions made by Aboriginal people as part of a consultation required by the regulations),

(g) whether any such consultation substantially complied with any requirements for consultation set out in the regulations,

(h) the social and economic consequences of making the decision,

(i) in connection with a permit application--

(i) any documents accompanying the application, and

(ii) any public submission that has been made under the Environmental Planning and Assessment Act 1979 in connection with the activity to which the permit application relates and that has been received by the Secretary,

(j) any other matter prescribed by the regulations.

(2) The Secretary, in making a decision in relation to an Aboriginal heritage impact permit, must not consider any matter other than the matters referred to in subsection (1).