Victorian Current Acts

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Decision by registered Aboriginal party

    (1)     A registered Aboriginal party must, within 30 days after receiving an application under section 62

        (a)     decide—

              (i)     to approve the plan; or

              (ii)     to refuse to approve the plan; and

        (b)     give written notice of the decision to the sponsor and each other registered Aboriginal party referred to in section 62.

S. 63(1A) inserted by No. 11/2016 s. 52(1).

    (1A)     A registered Aboriginal party may request the sponsor to provide any additional information that the party reasonably considers necessary to assist the party's decision.

S. 63(1B) inserted by No. 11/2016 s. 52(1).

    (1B)     A request under subsection (1A) must be made in writing and include the following information—

        (a)     the information to be provided;

        (b)     the date by which the information is to be provided, being at least 30 days after the request;

        (c)     a statement that the application will lapse if the information is not provided by that date.

S. 63(1C) inserted by No. 11/2016 s. 52(1).

    (1C)     The period referred to in subsection (1)—

        (a)     ceases to run when the registered Aboriginal party requests the additional information; and

        (b)     recommences to run when the information is provided to the registered Aboriginal party.

    (2)     If a dispute in relation to the cultural heritage management plan is referred to the Chairperson of the Council under Subdivision 1 of Division 1 of Part 8, the period referred to in subsection (1) ceases to run until the Chairperson certifies in writing that the dispute has been resolved or that alternative dispute resolution has failed, or is unlikely, to resolve the dispute.

    (3)     A registered Aboriginal party must refuse to approve the plan if it has not been prepared in accordance with the standards prescribed for the purposes of section 53.

    (4)     A registered Aboriginal party may otherwise only refuse to approve the plan if the registered Aboriginal party is not satisfied that the plan adequately addresses the matters set out in section 61.

S. 63(5) inserted by No. 11/2016 s. 52(2).

    (5)     The sponsor may agree to accept the decision of a registered Aboriginal party to approve the plan or refuse the plan after the period referred to in subsection (1), but only if the sponsor has not already made an application to the Secretary under section 65(1)(b)(iv).

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