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Environment and Heritage Legislation Amendment Bill (No. 1) 2003
Schedule 2 Amendments relating to the Director of Indigenous Heritage Protection

   

Environment Protection and Biodiversity Conservation Act 1999

1  After subsection 324G(4)

Insert:

          (4A)  If, in making an assessment, the Australian Heritage Council considers that the place might have indigenous heritage value, it must:

                     (a)  ask the Director of Indigenous Heritage Protection to provide written advice on the place’s indigenous heritage value:

                              (i)  within 40 business days if the Minister requested the assessment under section 324E or 324G; or

                             (ii)  within 20 business days if the Minister requested the assessment under section 324F (emergency listing); or

                            (iii)  within a reasonable period if the Council is making the assessment under section 324G on the Council’s own initiative; and

                     (b)  if the Director provides the advice on time—consider the advice and give a copy of it to the Minister with the assessment.

Note:       This item will only commence after the commencement of section 9 of the Act that establishes the Director of Indigenous Heritage Protection (see section 2 of this Act).

2  After paragraph 324J(8)(b)

Insert:

                   (ba)  the advice (if any) of the Director of Indigenous Heritage Protection, a copy of which was given to the Minister by the Council under paragraph 324G(4A)(b) with the assessment; and

Note:       This item will only commence after the commencement of section 9 of the Act that establishes the Director of Indigenous Heritage Protection (see section 2 of this Act).

3  After subsection 341G(4)

Insert:

          (4A)  If, in making an assessment, the Australian Heritage Council considers that the place might have indigenous heritage value, it must:

                     (a)  ask the Director of Indigenous Heritage Protection to provide written advice on the place’s indigenous heritage value:

                              (i)  within 40 business days if the Minister requested the assessment under section 341E or 341G; or

                             (ii)  within 20 business days if the Minister requested the assessment under section 341F (emergency listing); or

                            (iii)  within a reasonable period if the Council is making the assessment under section 341G on the Council’s own initiative; and

                     (b)  if the Director provides the advice on time—consider the advice and give a copy of it to the Minister with the assessment.

Note:       This item will only commence after the commencement of section 9 of the Act that establishes the Director of Indigenous Heritage Protection (see section 2 of this Act).

4  After paragraph 341J(8)(b)

Insert:

                   (ba)  the advice (if any) of the Director of Indigenous Heritage Protection, a copy of which was given to the Minister by the Council under paragraph 341G(4A)(b) with the assessment; and

Note:       This item will only commence after the commencement of section 9 of the Act that establishes the Director of Indigenous Heritage Protection (see section 2 of this Act).