(a) the recognition, protection and conservation of Aboriginal cultural heritage should be based on respect for Aboriginal knowledge, culture and traditional practices;

(b) Aboriginal people should be recognised as the primary guardians, keepers and knowledge holders of Aboriginal cultural heritage;

(c) it is important to respect, preserve and maintain knowledge, innovations and practices of Aboriginal communities and to promote understanding of Aboriginal cultural heritage;

(d) activities involved in recognition, protection and conservation of Aboriginal cultural heritage are important because they allow Aboriginal people to reaffirm their obligations to ‘law and country’;

(e) there is a need to establish timely and efficient processes for the management of activities that may harm Aboriginal cultural heritage.

6 How main purpose of Act is to be achieved

For achieving effective recognition, protection and conservation of Aboriginal cultural heritage, this Act provides for the following –

(a) recognising Aboriginal ownership of Aboriginal human remains wherever held;

(b) recognising Aboriginal ownership of Aboriginal cultural heritage of a secret or sacred nature held in State collections;

(c) recognising Aboriginal ownership of Aboriginal cultural heritage that is lawfully taken away from an area by an Aboriginal party for the area;

(d) establishing a duty of care for activities that may harm Aboriginal cultural heritage;

(e) establishing powers of protection, investigation and enforcement;

(f) establishing a database and a register for recording Aboriginal cultural heritage;

(g) ensuring Aboriginal people are involved in processes for managing the recognition, protection and conservation of Aboriginal cultural heritage;

(h) establishing a process for the comprehensive study of Aboriginal cultural heritage;

(i) establishing processes for the timely and efficient management of activities to avoid or minimise harm to Aboriginal cultural heritage.

Division 3 – Interpretation

...

8 Meaning of ‘Aboriginal cultural heritage’

‘Aboriginal cultural heritage’ is anything that is –

(a) a significant Aboriginal area in Queensland; or

(b) a significant Aboriginal object; or

(c) evidence, of archaeological or historic significance, of Aboriginal occupation of an area of Queensland.

9 Meaning of ‘significant Aboriginal area’

A ‘significant Aboriginal area’ is an area of particular significance to Aboriginal people because of either or both of the following –

(a) Aboriginal tradition;^[1]

(b) the history, including contemporary history, of any Aboriginal party for the area.

10 Meaning of ‘significant Aboriginal object’

A ‘significant Aboriginal object’ is an object of particular significance to Aboriginal people because of either or both of the following –

(a) Aboriginal tradition;

(b) the history, including contemporary history, of an Aboriginal party for an area.

11 Extension of evidence of occupation to surroundings

If a particular object or structure is evidence of Aboriginal occupation, the area immediately surrounding the object or structure is also evidence of Aboriginal occupation to the extent the area can not be separated from the object or structure without destroying or diminishing the object or structure’s significance as evidence of Aboriginal occupation.

12 Identifying significant Aboriginal areas

(1) This section gives more information about identifying significant Aboriginal areas.

(2) For an area to be a significant Aboriginal area, it is not necessary for the area to contain markings or other physical evidence indicating Aboriginal occupation or otherwise denoting the area’s significance.

(3) For example, the area might be a ceremonial place, a birthing place, a burial place or the site of a massacre.

(4) Also, if significant Aboriginal objects exist in an area and the significance of the objects is intrinsically linked with their location in the area –

(a) the existence of the objects in the area is enough on its own to make the area a significant Aboriginal area; and

(b) if it is reasonably appropriate under this Act, the immediate area and the objects in it may be taken to be, collectively, a significant Aboriginal area.

(5) For identifying a significant Aboriginal area, regard may be had to authoritative anthropological, biogeographical, historical and archaeological information.

13 Interpretation to support existing rights and interests

A provision of this Act must not be interpreted in a way that would allow the provision to operate in a way that prejudices –

(a) a right of ownership of a traditional group of Aboriginal people, or of a member of a traditional group of Aboriginal people, in Aboriginal cultural heritage used or held for traditional purposes under Aboriginal tradition; or

(b) a person’s enjoyment or use of, or free access to, Aboriginal cultural heritage, if –

(i) the person usually lives according to Aboriginal tradition as it relates to a particular group of Aboriginal people; and

(ii) the access, enjoyment or use is sanctioned by the Aboriginal tradition; or

(c) native title rights and interests.

Part 2 – Ownership, Custodianship and Possession of Aboriginal Cultural Heritage

Division 1 – Preliminary

14 Object and intent

(1) The object of this part is to make rules about ownership, custodianship and possession of Aboriginal cultural heritage.

(2) The basic intent underlying the rules stated in this part is that Aboriginal cultural heritage should be protected.

(3) A supporting intent is that, as far as practicable, Aboriginal cultural heritage should be owned and protected by Aboriginal people with traditional or familial links to the cultural heritage if it is comprised of any of the following –

(a) Aboriginal human remains;

(b) secret or sacred objects;

(c) Aboriginal cultural heritage lawfully taken away from an area.

(4) Another supporting intent is that Aboriginal cultural heritage of the type mentioned in subsection (3)(a) or (b) that is in the custody of the State, including the Queensland Museum, should continue to be protected by the State until it can be transferred into the protection of its Aboriginal owners.

Division 2 – Aboriginal human remains

15 Ownership of Aboriginal human remains

(1) On the commencement of this section, Aboriginal people who have a traditional or familial link with Aboriginal human remains in existence immediately before the commencement become the owners of the human remains if they are not already the owners.

(2) Subsection (1) applies regardless of who may have owned the Aboriginal human remains before the commencement of this section.

16 Aboriginal human remains in custody of State

(1) This section applies to Aboriginal human remains if the human remains are in the custody of an entity that represents or is the State.

(2) The persons who own the human remains may at any time ask the entity –

(a) to continue to be the custodian of the human remains; or

(b) to return the human remains to them.

(3) If the entity is satisfied the persons making the request under subsection (2) are the owners of the human remains, the entity must comply with the request to the greatest practicable extent.

(4) The persons who own the human remains are not limited to making only 1 request under subsection (2).

Example – The owners could ask for the Queensland Museum to continue its custody of the human remains while they make suitable arrangements for dealing with the human remains, at which time they could ask for the human remains to be returned to them.

...

Division 3 – Secret and sacred objects

19 Ownership and custody of secret or sacred object

(1) This section applies to an object that is Aboriginal cultural heritage if –

(a) the object is a secret or sacred object; and
Example of secret or sacred object – a ceremonial item

(b) the object is, immediately before the commencement of this section, in the custody of an entity that represents or is the State, or after the commencement comes into the custody of an entity that represents or is the State.

(2) The Aboriginal people who have a traditional or familial link with the object, if they are not already the owners, become the owners of the object –

(a) if the object was in the custody of the entity immediately before the commencement of this section – on the commencement; or

(b) otherwise – when the object comes into the custody of the entity.

(3) The persons who own the object may at any time ask the entity –

(a) to continue to be the custodian of the object; or

(b) to return the object to them.

...

Part 3 – Protection of Aboriginal Cultural Heritage

Division 1 – Key cultural heritage protection provisions

23 Cultural heritage duty of care

(1) A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the ‘cultural heritage duty of care’).
...

(2) Without limiting the matters that may be considered by a court required to decide whether a person has complied with the cultural heritage duty of care in carrying out an activity, the court may consider the following –

(a) the nature of the activity, and the likelihood of its causing harm to Aboriginal cultural heritage;

(b) the nature of the Aboriginal cultural heritage likely to be harmed by the activity;

(c) the extent to which the person consulted with Aboriginal parties about the carrying out of the activity, and the results of the consultation;

(d) whether the person carried out a study or survey, of any type, of the area affected by the activity to find out the location and extent of Aboriginal cultural heritage, and the extent of the study or survey;

(e) whether the person searched the database and register for information about the area affected by the activity;

(f) the extent to which the person has complied with cultural heritage duty of care guidelines;

(g) the nature and extent of past uses in the area affected by the activity.

(3) A person who carries out an activity is taken to have complied with the cultural heritage duty of care in relation to Aboriginal cultural heritage if –

(a) the person is acting –

(i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or

(ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or

(iii) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or

(iv) in compliance with cultural heritage duty of care guidelines; or

(v) in compliance with native title protection conditions, but only if the cultural heritage is expressly or impliedly the subject of the conditions; or

(b) the person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or

(c) the activity is necessary because of an emergency, including for example, a bushfire or other natural disaster.

24 Unlawful harm to Aboriginal cultural heritage

(1) A person must not harm Aboriginal cultural heritage if the person knows or ought reasonably to know that it is Aboriginal cultural heritage.
...

(2) A person who harms Aboriginal cultural heritage does not commit an offence under subsection (1) if –

(a) the person is acting –

(i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or

(ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or

(iii) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or

(iv) in compliance with cultural heritage duty of care guidelines; or

(v) in compliance with the cultural heritage duty of care; or

(vi) in compliance with native title protection conditions, but only if the Aboriginal cultural heritage is expressly or impliedly the subject of the conditions; or

(b) the person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or

(c) the harm is the result of doing an act that is necessary because of an emergency, including for example, a bushfire or other natural disaster.

(3) For subsection (1), it does not matter whether the circumstances of the person’s knowledge arose before the commencement of this section, or arise after the commencement, or arose partly before the commencement and arise partly after the commencement.

25 Prohibited excavation, relocation and taking away

(1) A person must not excavate, relocate or take away Aboriginal cultural heritage if the person knows or ought reasonably to know that it is Aboriginal cultural heritage.
...

(2) A person who excavates, relocates or takes away Aboriginal cultural heritage does not commit an offence under subsection (1) if –

(a) the person is acting –

(i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or

(ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or

(iii) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or

(iv) in compliance with cultural heritage duty of care guidelines; or

(v) in compliance with the cultural heritage duty of care; or

(vi) in compliance with native title protection conditions, but only if the Aboriginal cultural heritage is expressly or impliedly the subject of the conditions; or

(b) the person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or

(c) the excavation, relocation or taking away is necessary because of an emergency, including for example, a bushfire or other natural disaster.

(3) For subsection (1), it does not matter whether the circumstances of the person’s knowledge arose before the commencement of this section, or arise after the commencement, or arose partly before the commencement and arise partly after the commencement.

26 Unlawful possession of Aboriginal cultural heritage

(1) A person must not have in the person’s possession an object that is Aboriginal cultural heritage if the person knows or ought reasonably to know that the object is Aboriginal cultural heritage.
...

(2) A person who has in the person’s possession an object that is Aboriginal cultural heritage does not commit an offence under subsection (1) if –

(a) the person is acting –

(i) under the authority of another provision of this Act that applies to the object; or

(ii) under an approved cultural heritage management plan that applies to the object; or

(iii) under a native title agreement or another agreement with an Aboriginal party, unless the object is expressly excluded from being subject to the agreement; or

(iv) in compliance with cultural heritage duty of care guidelines; or

(v) in compliance with the cultural heritage duty of care; or

(vi) in compliance with native title protection conditions, but only if the object is expressly or impliedly the subject of the conditions; or

(b) the person owns the object, or is acting with the owner’s agreement; or

(c) the person’s possession of the object is necessary because of an emergency, including for example, a bushfire or other natural disaster.

(3) For subsection (1), it does not matter whether the circumstances of the person’s knowledge arose before the commencement of this section, or arise after the commencement, or arose partly before the commencement and arise partly after the commencement.

(4) This section does not apply to Aboriginal human remains.

27 Court may order costs of rehabilitation or restoration

...

Division 2 – Duty of care guidelines

28 Cultural heritage duty of care guidelines

(1) The Minister may by gazette notice notify guidelines (‘cultural heritage duty of care guidelines’) identifying reasonable and practicable measures for ensuring activities are managed to avoid or minimise harm to Aboriginal cultural heritage.
...

Division 3 – Information about cultural heritage

29 Information protection provision

(1) This section applies to a person who, under this Act, submits to the chief executive or the Minister a report or other document about Aboriginal cultural heritage matters.

(2) The person must not include in the report or other document knowledge or information given to or otherwise acquired by the person if –

(a) the person knows the knowledge or information is of a secret or sacred nature; and

(b) the Aboriginal people in whose understanding the knowledge or information is of a secret or sacred nature have not agreed to its inclusion in the report or other document.

...

30 Putting cultural heritage management plan into effect

(1) A person who is involved in putting an approved cultural heritage management plan into effect must take all reasonable steps to ensure the chief executive is advised about all Aboriginal cultural heritage revealed to exist because of any activity carried out under the plan.
...

Division 4 – Protection of cultural heritage under action of Minister

32 Stop orders

(1) This section applies if the Minister is satisfied there are reasonable grounds for concluding –

(a) a person is carrying out or is about to carry out an activity; and

(b) either or both of the following apply –

(i) in carrying out the activity, the person is or will be harming Aboriginal cultural heritage;

(ii) the carrying out of the activity is having or will have a significant adverse impact on the cultural heritage value of Aboriginal cultural heritage.

(2) The Minister may give the person a stop order for the activity.
...

(8) A stop order under this section is ineffective in its application to an activity if the activity is the subject of an injunction granted in the exercise of the exclusive jurisdiction the tribunal has for cultural heritage matters under the Land and Resources Tribunal Act 1999, section 53.^[2]

33 Particular steps to preserve cultural heritage

The Minister may –

(a) for the State, acquire by purchase or gift Aboriginal cultural heritage for the purpose of its preservation; and

(b) cause structures to be erected, and other steps to be taken, that are necessary or desirable to preserve the Aboriginal cultural heritage.

Part 4 – Native Title Parties, Aboriginal Parties and Aboriginal Cultural Heritage Bodies

...

Part 5 – Collection and Management of Aboriginal Cultural Heritage Information

Division 1 – Aboriginal Cultural Heritage Database

38 Establishment of database

(1) The chief executive must establish and keep the Aboriginal Cultural Heritage Database.

(2) The chief executive may keep the database in the form or forms the chief executive considers to be the most appropriate in the circumstances for achieving the purpose of establishing the database.

39 Purpose of establishing database

(1) The purpose of establishing the database is to assemble, in a central and accessible location, information about Aboriginal cultural heritage.

(2) The database is intended to be a research and planning tool to help Aboriginal parties, researchers and other persons in their consideration of the Aboriginal cultural heritage values of particular areas.

(3) The placing of information on the database is not intended to be conclusive about whether the information is up-to-date, comprehensive or otherwise accurate.

40 Placing information on database

(1) The chief executive may place information on the database to the extent the chief executive considers appropriate, having regard especially to the consistency of the information with existing anthropological, biogeographical, historical and archaeological information.

(2) Information the chief executive places on the database may be either information another person asks the chief executive to place on the database or information the chief executive already holds.
...

42 Availability of database to public generally

The chief executive must not give access to the database generally.

43 Availability of database to Aboriginal party

(1) This section applies if an Aboriginal party for an area seeks information from the database.

(2) The chief executive must give the Aboriginal party information from the database to the extent that, in the chief executive’s opinion, the information on the database relates to the area.

44 Availability of database for cultural heritage duty of care purposes

(1) This section applies if a person carrying out an activity, including for example a land user, seeks information from the database.

(2) The chief executive must give the person information from the database if, in the chief executive’s opinion, the person has a particular need to be aware of the information for satisfying the person’s cultural heritage duty of care.

(3) However, the person does not necessarily comply with the person’s cultural heritage duty of care only because the person has consulted the database.

(4) If information is to be given to the person under subsection (2), the information may be given to a nominee or professional advisor acting for the person.
...

Division 2 – Aboriginal Cultural Heritage Register

46 Establishment of register

(1) The chief executive must establish and keep the Aboriginal Cultural Heritage Register.

(2) The chief executive may keep the register in the form or forms the chief executive considers to be the most appropriate in the circumstances for –

(a) achieving the purpose of establishing the register; and

(b) ensuring the register otherwise complies with the requirements of this division.

47 Purpose of establishing register

(1) The purpose of establishing the register is to assemble in a central and accessible location –

(a) information contained in cultural heritage studies; and

(b) information about whether particular areas have been the subject of cultural heritage management plans; and

(c) information about Aboriginal cultural heritage bodies; and

(d) other information necessary to help the consideration of Aboriginal cultural heritage, including for example addresses for service of Aboriginal parties.

(2) The register is intended to be –

(a) a depository for information for consideration for land use and land use planning, including, for example, for local government planning schemes and for regional planning strategies; and

(b) a research and planning tool to help people in their consideration of the Aboriginal cultural heritage values of particular objects and areas.

48 Recording information from cultural heritage study

(1) This section applies if, under part 6, the chief executive or Minister records in the register the findings of a cultural heritage study.

(2) The chief executive or Minister must record –

(a) a description of the cultural heritage study adequate to distinguish it from other cultural heritage studies; and

(b) a description of the study area, including, if necessary for accurately locating the study area, a plan of the area and a detailed description of its boundaries; and

(c) a description of all Aboriginal cultural heritage that has been identified in the study area and a description of its location; and

(d) in general terms, the reasons anything identified as Aboriginal cultural heritage has been so identified, including, if appropriate, whether it relates to men’s or women’s business; and

(e) if the study makes recommendations for the management of Aboriginal cultural heritage identified in the study – the recommendations; and

(f) for each area or object assessed as a significant Aboriginal area or significant Aboriginal object – the name of each Aboriginal party that assessed the area or object as a significant Aboriginal area or significant Aboriginal object; and

(g) the name and contact details of each endorsed party for the study; and

(h) the name of each endorsed party for the study who did not take part in the carrying out of the study; and

(i) the name and contact details of each Aboriginal cultural heritage body for the study area; and

(j) the name and contact details of each cultural heritage assessor for the study; and

(k) when the study was completed.

49 Information about cultural heritage management plans

(1) The chief executive must record in the register identifying details for each cultural heritage management plan approved, or in the process of being developed, under this Act.

(2) The chief executive must arrange the register in a way giving the persons searching the register reasonable access to information about –

(a) whether any particular area of the State is the subject of –

(i) an approved cultural heritage management plan; or

(ii) a cultural heritage management plan in the process of being developed under this Act; and

(b) the contact details for the sponsor and endorsed parties for each approved plan and plan being developed.
...

51 Availability of register to public generally

(1) The chief executive must give access to the register generally.

(2) The chief executive may require a person seeking to obtain information from the register to pay the fee prescribed under a regulation.

Part 6 – Cultural Heritage Studies

...

Part 7 – Cultural Heritage Management Plans

Division 1 – Introduction

...

83 Voluntary development of cultural heritage management plan

A person may, under this Act, develop and gain approval of a cultural heritage management plan even though there is no legal requirement for the plan.

Example – A person may seek to have an approved cultural heritage management plan in place to help the person avoid breaching the cultural heritage duty of care.

84 Approved cultural heritage management plan may not require particular action

In appropriate circumstances, a cultural heritage management plan developed and approved under this Act for a project may be to the effect that there are, for the project, no particular requirements for managing the impact of activities on Aboriginal cultural heritage.

...

Division 2 – Protection of cultural heritage under cultural heritage management plans

86 Application of div 2

This division does not apply to a project to the extent the project is the subject of –

(a) an existing agreement; or

(b) a native title agreement, whenever entered into, unless Aboriginal cultural heritage is expressly excluded from being subject to the agreement.

87 Cultural heritage management plan needed if EIS needed

(1) This section applies to a project if –

(a) under an Act other than this Act, a lease, licence, permit, approval or other authority is required for the project; and

(b) under the operation of the Act under which the authority is required, or under the operation of another Act, an EIS is required for the project.

(2) The entity authorised to give the authority must not give it unless –

(a) a cultural heritage management plan for the project has been developed and approved under this Act; or

(b) the authority is given subject to conditions to ensure that no excavation, construction or other activity that may cause harm to Aboriginal cultural heritage takes place for the project without the development and approval of a cultural heritage management plan for the project.

(3) The entity authorised to give the authority has power to impose conditions mentioned in subsection (2)(b).

(4) The plan area for a cultural heritage management plan developed and approved for subsection (2) may be limited to the part of the project area that is the subject of the EIS.

88 Cultural heritage management plan may be needed if other environmental authority needed

(1) This section applies to a project if –

(a) under an Act other than this Act –

(i) a lease, licence, permit, approval or other authority is required for the project; and

(ii) under the operation of the Act under which the authority is required, or under the operation of another Act, an environmental assessment is required for the project; and

(b) the project is a project, or a project of a type, prescribed under a regulation for this section.

(2) The entity authorised to give the authority must not give the authority unless –

(a) a cultural heritage management plan for the project has been developed and approved under this Act; or

(b) the authority is given subject to conditions to ensure that no excavation or construction takes place for the project without the development and approval of a cultural heritage management plan for the project.

(3) The entity authorised to give the authority has power to impose conditions mentioned in subsection (2)(b).

(4) The plan area for a cultural heritage management plan approved for subsection (2) may be limited to the part of the project area that is the subject of the environmental assessment.

(5) The Minister may recommend the making of a regulation under subsection (1)(b) only if the Minister is satisfied the project or type of project will have a significant impact on Aboriginal cultural heritage.

(6) In this section –

‘environmental assessment’ means a form of environmental assessment or planning, not including an EIS but including, for example, an EMP submission under the Environmental Protection Act 1994.

89 Cultural heritage management plan needed under IPA

(1) This section applies to a project if, under IPA –

(a) a development application is made relating to the project; and

(b) the chief executive is a concurrence agency for the application.

(2) Without limiting IPA, the chief executive may –

(a) require, as part of an information request under IPA, that the applicant ensure a cultural heritage management plan for the project is developed and approved under this Act; or

(b) require to be imposed, as a condition of approval of the development application, a condition that a cultural heritage management plan for the project be developed and approved under this Act.

Division 3 – Preparing to develop cultural heritage management plan

...

Division 4 – Development of cultural heritage management plan

102 Role of endorsed party

(1) An endorsed party for the cultural heritage management plan has the role of –

(a) seeking agreement with the sponsor for the plan about how the project is to be managed –

(i) to avoid harm to Aboriginal cultural heritage; and

(ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage; and

(b) consulting and negotiating with the sponsor, and with other endorsed parties for the plan, about issues needing to be addressed in the development of the plan, and about the final content of the plan; and

(c) generally, giving help and advice in a way directed at maximising the suitability of the plan for the effective protection and conservation of Aboriginal cultural heritage.

(2) The endorsed party’s role may be performed on the party’s behalf by a nominee.

103 Role of sponsor

The sponsor for the cultural heritage management plan has the role of –

(a) seeking agreement with the endorsed parties for the plan about how the project is to be managed –

(i) to avoid harm to Aboriginal cultural heritage; and

(ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage; and

(b) developing the plan –

(i) in consultation and negotiation with the endorsed parties for the plan; and

(ii) in a way directed at maximising the suitability of the plan for the effective protection and conservation of Aboriginal cultural heritage.

104 Consultation

(1) Subjects for consultation may include, but are not limited to, the following –

(a) the nature and extent of known Aboriginal cultural heritage in the plan area;

(b) the reasonable requirements for the carrying out of a site survey of Aboriginal cultural heritage in the plan area, and the results of the survey if it is carried out;

(c) reasonable travel and accommodation requirements for endorsed parties;

(d) workplace health and safety issues arising out of any site survey or investigation carried out in developing the plan;

(e) the number of endorsed parties, or nominees of endorsed parties, who can reasonably be involved in any site survey.

(2) Consultation may include reasonable use of any of the following ways of consulting –

(a) face to face meetings;

(b) telephone conferences;

(c) use of the internet;

(d) exchanges of correspondence.

(3) This division does not require a survey of Aboriginal cultural heritage carried out for the purposes of consultation to be carried out as a cultural heritage study under part 6.

105 Reaching agreement

(1) The sponsor and each endorsed party for the cultural heritage management plan must negotiate, and make every reasonable effort to reach agreement, about the provisions of the plan.

(2) Without limiting how the plan may provide for the managing of project activities in relation to their impact on Aboriginal cultural heritage, the plan may provide for the following –

(a) when particular project activities are to happen;

(b) when particular activities under the plan are to happen;

(c) arrangements for access to land for carrying out activities under the plan, including details of arrangements entered into with owners or occupiers of land;

(d) identification of known Aboriginal cultural heritage, noting, if appropriate, any reference to the cultural heritage in the database or register;

(e) the way Aboriginal cultural heritage is to be assessed;

(f) whether Aboriginal cultural heritage is to be damaged, relocated or taken away, and how this is to be managed;

(g) contingency planning for disputes, unforeseen delays and other foreseeable and unforeseeable obstacles to carrying out activities under the plan;

(h) other matters reasonably necessary for successfully carrying out activities under the plan.

106 Mediation

(1) This section applies if at least 28 days of the consultation period for the cultural heritage management plan have elapsed, and it appears to a consultation party for the plan that –

(a) a dispute has arisen between 2 or more consultation parties for the plan; and

(b) the dispute is substantially delaying the development of the plan.

(2) The consultation party may ask the tribunal to provide mediation of the dispute.

(3) If in the opinion of a presiding member of the tribunal the dispute is suitable for mediation the tribunal may provide the mediation.

(4) Referral of the dispute to mediation may extend the consultation period only to the extent agreed to in writing by all the consultation parties.

...

The full text of the Aboriginal Cultural Heritage Act 2003 (Qld) is available online at <http://www.legislation.qld.gov.au/Legislation%20Acts & SLs/Act2003.htm> .

^[1] Under the Acts Interpretation Act 1954, section 36 (Meaning of commonly used words and expressions), ‘Aboriginal tradition’ means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships.

^[2] Land and Resources Tribunal Act 1999, section 53 (Exclusive jurisdiction for certain

cultural heritage matters).

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