Victorian Current Acts Victorian Current Acts(1) A sponsor may apply to the Secretary for approval of a cultural heritage management plan if—
(a) the sponsor is not the Secretary; and
(b) one of the following applies—
(i) there is no relevant registered Aboriginal party in relation to the plan;
(ii) no relevant registered Aboriginal party has given notice to the sponsor under section 55 within the time required by that section;
(iii) all of the relevant registered Aboriginal parties have given the sponsor notice under section 55 that they do not wish to evaluate the plan;
(iv) no relevant registered Aboriginal party has given notice to the sponsor under section 63(1) within the time required by that section.
S. 65(1A) inserted by No. 11/2016 s. 53(1).
(1A) An application under this section must be accompanied by the prescribed fee (if any).
(2) Within 30 days after receiving the application, the Secretary must decide whether to approve the plan or to refuse to approve the plan.
S. 65(2A) inserted by No. 11/2016 s. 53(2).
(2A) The Secretary may request the sponsor to provide any additional information that the Secretary reasonably considers necessary to assist the Secretary's decision.
S. 65(2B) inserted by No. 11/2016 s. 53(2).
(2B) A request under subsection (2A) 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. 65(2C) inserted by No. 11/2016 s. 53(2).
(2C) The period referred to in subsection (2)—
(a) ceases to run when the Secretary requests the additional information; and
(b) recommences to run when the information is provided to the Secretary.
S. 65(2D) inserted by No. 11/2016 s. 53(2), amended by No. 6/2023 s. 3(Sch. 1 item 1).
(2D) Subject to subsection (2E), the Secretary is taken to have refused to approve the plan if the Secretary fails to decide whether to approve the plan or to refuse to approve the plan within the period referred to in subsection (2).
S. 65(2E) inserted by No. 11/2016 s. 53(2), amended by No. 6/2023 s. 3(Sch. 1 item 1).
(2E) The Secretary may decide to approve the plan or to refuse the plan after the period referred to in subsection (2) with the agreement of the sponsor.
S. 65(3) substituted by No. 11/2016 s. 53(3).
(3) In considering the application, the Secretary must consult with, and consider the views of—
(a) any Aboriginal person or Aboriginal body that the Secretary considers relevant to the application; or
(b) any activity advisory group appointed by the Secretary under section 60A.
(4) The Secretary must refuse to approve the plan if it has not been prepared in accordance with the standards prescribed for the purposes of section 53.
(5) The Secretary may otherwise only refuse to approve the plan if the Secretary is not satisfied that the plan adequately addresses the matters set out in section 61.
(6) A cultural heritage management plan approved by the Secretary takes effect on that approval.