Cultural heritage legislation Sample Clauses

Cultural heritage legislation. All Australian jurisdictions have legislative requirements on developers to protect Indigenous cultural heritage. These requirements set out important procedural steps that a resource company will need to comply with. In practice, resource companies negotiate the management of cultural heritage issues at the same time as the Indigenous agreement. It should be noted that even where native title does not apply, the requirement to engage with Indigenous groups over cultural heritage matters may nevertheless still apply. For example, a pipeline project over freehold land or land where native title has been extinguished may still give rise to cultural heritage considerations. While legislation differs between jurisdictions, the key requirement is usually the development of a cultural heritage management plan (CHMP) for the project. The Queensland cultural heritage legislation is outlined here by way of example. The relevant law is the Aboriginal Cultural Xxxxxxxx Xxx 0000 (Qld) or the largely identical Xxxxxx Xxxxxx Islander Cultural Xxxxxxxx Xxx 0000 applicable in the Xxxxxx Strait. The ACH Act provides a duty of care, which:  Requires those conducting activities in areas of significance to take all reasonable and practical measures to avoid harming cultural heritage  Is enforced by penalties for non-compliance  Is outlined in gazetted guidelines, which set out measures for meeting them. Where there is a registered native title holder or registered native title claimant for an area to be developed, the Act provides certainty for developers by stipulating that that holder or claimant is the relevant Aboriginal party to deal with. In the absence of a native title party, the Aboriginal party is the party of the last failed NT claim or where no such claim has previously existed, the Aboriginal person with particular knowledge about traditions, observances, customs or beliefs and who is recognised in accordance with Aboriginal tradition as having responsibility for the area. Further information: Guidelines for developing a CHMP in Queensland can be accessed at: xxxx://xxx.xxxx.xxx.xxx.xx/xxxxxxxx_ heritage/pdf/chmpguidlines.pdf Under the Act, a resource company will be required to develop a CHMP for high-level impact activities, which is essentially an activity for which an Environmental Impact Statement (EIS) is required under legislation. A company can also develop a CHMP voluntarily in order to assist in managing its duty of care. To develop a CHMP requires c...
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Related to Cultural heritage legislation

  • Cultural Heritage 1. The IVG shall monitor and verify the preservation of cultural heritage in the Old City in accordance with the UNESCO World Cultural Heritage List rules. For this purpose, the IVG shall have free and unimpeded access to sites, documents, and information related to the performance of this function.

  • Data Protection Legislation the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation.

  • Future Legislation In the event that any future legislation renders null and void or materially alters any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement, and the parties hereto shall negotiate a mutually agreeable provision to be substituted for the provision so rendered null and void or materially altered.

  • Applicable Legislation If and to the extent that any provision of this Agreement limits, qualifies or conflicts with a mandatory requirement of Applicable Legislation, the mandatory requirement will prevail. The Corporation and the Subscription Receipt Agent each will at all times in relation to this Agreement and any action to be taken hereunder observe and comply with and be entitled to the benefits of Applicable Legislation.

  • Implementation Legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of the Agreement.

  • Superannuation legislation The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, The Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, shall govern the superannuation rights and obligations of the parties.

  • Impact of Legislation (a) The parties recognize and agree that they cannot be obligated or bound by any term, condition or provision, which would be contrary to any existing federal or provincial legislation or regulations passed pursuant thereto. In the event that any term, condition or provision, or part thereof, which is incorporated into this Agreement, whether by inadvertence, error or misunderstanding, is in fact or in law contrary to such federal or provincial legislation or regulation, then such term, condition or provision or part thereof, is void and of no effect.

  • PROCEEDS OF CRIME LEGISLATION The Depositor acknowledges that the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations apply to the operation of the Account and that the Financial Institution will, from time to time, request information from the Depositor to address the reporting, record-keeping, client identification, and ongoing monitoring requirements of that legislation. The Depositor agrees to abide by and comply with all such requests.

  • Compliance with Legislation The Partner in all his dealings and in carrying on its business has complied with all applicable laws including The Regulations and all applicable Taxes Acts and environmental and planning legislation and qualifies in all respects with the terms of participation as prescribed in The Regulations.

  • Cultural Resources If a cultural resource is discovered, the Purchaser shall immediately suspend all operations in the vicinity of the cultural resource and notify the Forest Officer. Operations may only resume if authorized by the Forest Officer. Cultural resources identified and protected elsewhere in this contract are exempted from this clause. Cultural resources, once discovered or identified, are not to be disturbed by the Purchaser, or his, her or its employees and/or sub- contractors.

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