Common use of Giving the Activity Notice Clause in Contracts

Giving the Activity Notice. (a) Except where clause 8.1(a) or (b) applies, if the Proponent intends to undertake an Activity in the Agreement Area, it shall issue a notice in writing to SWALSC in accordance with this clause 8.2 (Activity Notice). (b) The main purposes of an Activity Notice are: (i) to provide adequate information to assist SWALSC to make an assessment as to whether a Survey is required and if so, whether a Site Identification Survey or a Site Avoidance Survey; and (ii) if a Survey is required, to provide information relevant to the conduct of that Survey. (c) The Activity Notice: shall contain: (i) the basic information specified in part 1.1 of Schedule 4; and (ii) the key statements and nominations specified in part 1.2 and the detailed contents specified in part 1.3 of Schedule 4; and may also contain: (iii) the additional contents specified in part 2 of Schedule 4. (d) If the Proponent omits to specify or nominate, in an Activity Notice, any of the particular items referred to in parts 1.2 and 1.3 of Schedule 4, then the default provisions provided in part 3 of Schedule 4 shall apply. (e) The Parties acknowledge that the Proponent may require compliance with the DAA Guidelines where the Proponent envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application. (f) SWALSC acknowledges that the inclusion in an Activity Notice of the matters described in parts 1.2(c) to (f) of Schedule 4 does not prejudice any statement by the Proponent that it considers that no Survey is required. (g) To avoid doubt, the Proponent may modify any aspect of the Activity Notice up to the time of receiving the Activity Notice Response. Proposed modifications to the Activity Notice after receipt of the Activity Notice Response shall be discussed between the Parties but, acting reasonably, SWALSC shall have the right to request a fresh Activity Notice instead of dealing with the proposed modified Activity Notice. If a fresh Activity Notice is issued the time limits in clause 16.1(a) shall apply as if that were a new Activity Notice. The Proponent may also request any of the items referred to in part 1.2(f) of Schedule 4 at any later time, in accordance with clause 12.2.

Giving the Activity Notice. (a) Except where clause 8.1(a) or (b) 8.1 applies, if the Government Proponent intends to undertake an Activity in the Agreement Aboriginal Heritage Area, it shall must issue a notice in writing to SWALSC the Corporation in accordance with this clause 8.2 (Activity Notice). (b) The main purposes of an Activity Notice are: (i) to provide adequate information to assist SWALSC the Corporation to make an assessment as to whether a Survey is required and if so, whether a Site Identification Survey or a Site Avoidance Survey; and (ii) if a Survey is required, to provide information relevant to the conduct of that Survey. (c) The Activity Notice: Notice shall contain: (i) the basic information specified in part Part 1.1 of Schedule 4; and; (ii) the key statements and nominations specified in part Part 1.2 and of Schedule 4 or if clause 8.2(e) applies, the detailed contents specified in part 1.3 default provision of Part 3 of Schedule 4; and may also contain:and (iii) the additional contents information and documents (including the map) specified in part Part 2 of Schedule 4. (d) The Corporation acknowledges that the inclusion in an Activity Notice of the matters described in Parts 1.2(c) to (f) of Schedule 4 does not prejudice any statement by the Government Proponent that it considers that a Survey is not required. (e) If the Government Proponent omits to specify or nominate, in an Activity Notice, any of the particular items referred to in parts Part 1.2 and 1.3 of Schedule 4, then the default provisions provided in part Part 3 of Schedule 4 shall apply. (e) The Parties acknowledge that the Proponent may require compliance with the DAA Guidelines where the Proponent envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application. (f) SWALSC acknowledges that the inclusion in an Activity Notice of the matters described in parts 1.2(c) to (f) of Schedule 4 does not prejudice any statement by the Proponent that it considers that no Survey is required. (g) To avoid doubt, the Government Proponent may modify any aspect of the Activity Notice up to the time of receiving the Activity Notice Response. Proposed modifications to the Activity Notice after receipt of the Activity Notice Response shall be discussed between the Parties Corporation and the Government Proponent but, acting provided that the Corporation acts reasonably, SWALSC the Corporation shall have the right to request a fresh Activity Notice instead of dealing with the proposed modified Activity Notice. If a fresh Activity Notice is issued the time limits in clause 16.1(a) shall apply as if that were a new Activity Notice. The Government Proponent may also request any of the items referred to in part Part 1.2(f) of Schedule 4 at any later time, in accordance with clause 12.2. (g) The date of receipt by the Corporation of the Activity Notice (or fresh Activity Notice if requested under clause 8.2(f)) is the Activity Notice Date.

Giving the Activity Notice. (a) Except where clause 8.1(a) or (b) 8.1 applies, if the Proponent intends to undertake an Activity in the Agreement a Tenure Area, it shall must issue a notice in writing to SWALSC the PBC in accordance with this clause 8.2 (Activity Notice). (b) . An Activity Notice may be given in respect of more than one Tenure Area. The main purposes of an Activity Notice are: (i) : to provide adequate information to assist SWALSC to make an assessment as to determine whether a Survey is required and if so, whether a Site Identification Survey or a Site Avoidance Surveywhat kind; and (ii) and if a Survey is required, to provide information relevant to the conduct of that Survey. (c) . The Activity Notice: Notice shall contain: (i) : the basic information specified in part 1.1 of Schedule 4schedule 5; and (ii) and the key statements and nominations specified in part 1.2 of schedule 5 or if clause 8.2(e) applies, the default provisions of part 3 of schedule 5; and the detailed contents specified in part 1.3 of Schedule 4; and may also contain: (iii) the additional contents information specified in part 2 of Schedule 4. schedule 5. The PBC acknowledges that the inclusion in an Activity Notice of the matters described in parts 1.2(c) to (df) of schedule 5 does not prejudice any statement by the Proponent that it considers that a Survey is not required. If the Proponent omits to specify or nominate, in an Activity Notice, any of the particular items referred to in parts part 1.2 and 1.3 of Schedule 4schedule 5, then the default provisions provided in part 3 of Schedule 4 shall schedule 5 apply. (e) The Parties acknowledge that the Proponent may require compliance with the DAA Guidelines where the Proponent envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application. (f) SWALSC acknowledges that the inclusion in an Activity Notice of the matters described in parts 1.2(c) to (f) of Schedule 4 does not prejudice any statement by the Proponent that it considers that no Survey is required. (g) . To avoid doubt, the Proponent may modify any aspect of the Activity Notice up to the time of receiving the Activity Notice Response. Proposed modifications to the Activity Notice after receipt of the Activity Notice Response shall be discussed between the Parties but, acting reasonably, SWALSC the PBC shall have the right to request a fresh Activity Notice instead of dealing with the proposed modified Activity Notice. If a fresh Activity Notice is issued the time limits in clause 16.1(a) shall apply as if that were a new Activity Notice. The Proponent may also request any of the items referred to in part 1.2(f) of Schedule 4 schedule 5 at any later time, in accordance with clause 12.2. The date of receipt by the PBC of the Activity Notice (or fresh Activity Notice if requested under clause 8.2(f)) is the Activity Notice Date. The PBC will promptly consider the Activity Notice and shall, within 15 Business Days where the proposed Activity constitutes Low Ground Disturbance Activity, but otherwise within 30 Business days, after receipt of such Activity Notice or modified Activity Notice, notify the Proponent in writing as to whether the PBC considers that a Survey is required (Activity Notice Response). In coming to its decision the PBC shall take into account: the extent to which the Activity Program described in the Activity Notice consists of Low Ground Disturbance Activities; and the extent to which the land and waters the subject of the Activity Notice have been the subject of a previous Aboriginal Heritage Survey. In considering this factor, the PBC will consider whether it is reasonably clear from the reported results of the previous Aboriginal Heritage Survey that the Activities disclosed in the Activity Notice can be carried out without breaching the Aboriginal Heritage Act; and any relevant previous decisions by the PBC under clause 8.3(b); and any other matter the PBC reasonably considers relevant. The Proponent shall be free to carry out any Activity in a Tenure Area without conducting a Survey of the land and waters within that Tenure Area where: the PBC so agrees in writing; or the PBC waives its right under clause 6.1(f) of this PSHA to require a Survey of the proposed Activity, after considering an Activity Notice or at any other time. Either Party may request additional information from the other at any time to enable discussion and proper consideration of the Activity Notice. If in its Activity Notice Response the PBC indicates that it considers that a Survey is required, then the Activity Notice Response shall set out the following additional information: if different to the opinion given by the Proponent in the Activity Notice in accordance with part 1.2(a) of schedule 5, a statement of the extent to which the Activity Program consists of Low Ground Disturbance Activity, in the PBC’s opinion; and if different to the nomination by the Proponent in the Activity Notice in accordance with part 1.2(c) of schedule 5, a nomination of the PBC’s proposed Survey Methodology, subject however to clause 9.4; and if different to the date or dates nominated by the Proponent in the Activity Notice in accordance with part 1.2(e) of schedule 5, a nomination of a proposed Survey start date or finish date; and subject to clause 9.5(a), an estimate of costs to conduct the Survey; and a nomination of the Native Title Group’s proposed Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) Principal Aboriginal Heritage Consultant. If, following receipt by the Proponent of the Activity Notice Response, the Parties are in disagreement on any matter about the conduct of a proposed Survey, then the Parties shall endeavour to agree on all outstanding matters by following the provisions of clause 9. To avoid doubt, until the Parties have consulted under clause 9 during the period referred to in clause 9.1(d), no Party is entitled to invoke the dispute resolution provisions of clause 18 in respect of any matter the subject of this clause 8 or clause 9. Survey agreement and planning Operation of this clause 9 – Survey Agreement Date Subject to clause 9.1(b), the date on which agreement is reached between the Parties on all matters referred to in clauses 9.2 to 9.7 (inclusive) is the Survey Agreement Date. If after receipt by the Proponent of the Activity Notice Response under clause 8.3(a) the Parties are in agreement about all matters regarding a proposed Survey, then the date of receipt of the Activity Notice Response shall be deemed to be the Survey Agreement Date otherwise referred to in clause 9.1(a). The Parties’ discussions under this clause 9 shall be conducted reasonably and in good faith. The Parties shall ensure that the Survey Agreement Date occurs within 20 Business Days where the proposed Activity constitutes Low Ground Disturbance Activity, but otherwise within 30 Business Days, after the date of receipt by the Proponent of the Activity Notice Response (Survey Agreement Period). If any of the matters referred to in clauses 9.2 to 9.7 (inclusive) cannot be agreed during the Survey Agreement Period, then the Proponent may, by notice in writing to the PBC, agree that the Survey Agreement Date has been reached notwithstanding the lack of agreement on that matter or matters. In such a case, the Parties will continue to discuss the non-agreed matters with a view to resolving them as quickly as practicable. To avoid doubt, a notice under this clause has effect to waive the right of the Proponent to rely on clause 6.1(a), but does not otherwise affect the rights of the Proponent under clause 6. The Parties’ discussions regarding whether a Survey is required will be guided by the matters in clauses 8.3(a) and 9.2(b). The following provisions shall apply to the Parties’ discussions about whether a Survey is required. Where no previous Aboriginal Heritage Survey (whether under this PSHA or otherwise) has been undertaken in relation to the area of land and waters the subject of the Activity Notice, there is a non-binding presumption that a Survey is required unless otherwise agreed or waived in accordance with clause 8.3(b). Where this PSHA does not deal with the particular circumstance as to whether a Survey is required, there is a non-binding presumption that a Survey is required. Where a previous Aboriginal Heritage Survey (whether conducted under this PSHA or otherwise) has, or if not clear, reasonably appears to have, covered the area the subject of the Activity Notice, there is no presumption either way as to whether a Survey is required. Subject to confidentiality provisions, the Proponent must (if it is in their possession or control) provide by way of notice a copy of the written report of the previous Aboriginal Heritage Survey to the PBC (if such copy has not already been provided with the Activity Notice). Subject to the presumptions in clauses 9.2(b)(i) and 9.2(b)(ii), and the matters described in clause 9.2(b)(iii), in determining whether a Survey is required, the Parties will have regard to the following matters: the nature of the Activities outlined in the Activity Notice; and whether there has been any previous Aboriginal Heritage Survey and the age, methodology, participants, standard and results of that Survey; and the extent to which the land has been affected by previous ground disturbing activities; and whether the Aboriginal Heritage Act Register discloses any Aboriginal Sites on the land the subject of the Activity Notice; and any relevant matters relating to the Native Title Group’s practices, laws and customs; and any other relevant matters raised by any of the Parties.

Giving the Activity Notice. ‌ (a) Except where clause 8.1(a) or (b) applies, if the Proponent Local Government intends to undertake an Activity in the Agreement Area, it shall issue a notice in writing to SWALSC in accordance with this clause 8.2 (Activity Notice).. Local Government: Shire of Serpentine Jarrahdale — Noongar Heritage Agreement for Local Government (b) The main purposes of an Activity Notice are: (i) to provide adequate information to assist SWALSC to make an assessment as to whether a Survey is required and if so, whether a Site Identification Survey or a Site Avoidance Survey; and (ii) if a Survey is required, to provide information relevant to the conduct of that Survey. (c) The Activity Notice: Notice shall contain: (i) the basic information specified in part 1.1 of Schedule 4; and (ii) the key statements and nominations specified in part 1.2 and the detailed contents specified in part 1.3 of Schedule 4; and may also contain: (iii) the additional contents specified in part 2 of Schedule 4. (d) If the Proponent Local Government omits to specify or nominate, in an Activity Notice, any of the particular items referred to in parts 1.2 and 1.3 of Schedule 4, then the default provisions provided in part 3 of Schedule 4 shall apply. (e) The Parties acknowledge that the Proponent Local Government may require compliance with the DAA DPLH Guidelines where the Proponent Local Government envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application. (f) SWALSC acknowledges that the inclusion in an Activity Notice of the matters described in parts 1.2(c) to (f) of Schedule 4 does not prejudice any statement by the Proponent Local Government that it considers that no Survey is required. (g) To avoid doubt, the Proponent Local Government may modify any aspect of the Activity Notice up to the time of receiving the Activity Notice Response. Proposed modifications to the Activity Notice after receipt of the Activity Notice Response shall be discussed between the Parties but, acting reasonably, SWALSC shall have the right to request a fresh Activity Notice instead of dealing with the proposed modified Activity Notice. If a fresh Activity Notice is issued the time limits in clause 16.1(a) shall apply as if that were a new Activity Notice. The Proponent Local Government may also request any of the items referred to in part 1.2(f) of Schedule 4 at any later time, in accordance with clause 12.2.. Local Government: Shire of Serpentine Jarrahdale — Noongar Heritage Agreement for Local Government

Giving the Activity Notice. ‌ (a) Except where clause 8.1(a) or (b) 8.1 applies, if the Government Proponent intends to undertake an Activity in the Agreement Aboriginal Heritage Area, it shall must issue a notice in writing to SWALSC the PBC in accordance with this clause 8.2 (Activity Notice). (b) The main purposes of an Activity Notice are:are:‌ (i) to provide adequate information to assist SWALSC to make an assessment as to determine whether a Survey is required and if so, whether a Site Identification Survey or a Site Avoidance Surveywhat kind; and (ii) if a Survey is required, to provide information relevant to the conduct of that Survey. (c) The Activity Notice: Notice shall contain:contain:‌ (i) the basic information specified in part Part 1.1 of Schedule 4; and; (ii) the key statements and nominations specified in part Part 1.2 and of Schedule 4 or if clause 8.2(e) applies, the detailed contents specified in part 1.3 default provision of Part 3 of Schedule 4; and may also contain:and‌ (iii) the additional contents information and documents (including the map) specified in part Part 2 of Schedule 4. (d) The PBC acknowledges that the inclusion in an Activity Notice of the matters described in Parts 1.2(c) to (f) of Schedule 4 does not prejudice any statement by the Government Proponent that it considers that a Survey is not required. (e) If the Government Proponent omits to specify or nominate, in an Activity Notice, any of the particular items referred to in parts Part 1.2 and 1.3 of Schedule 4, then the default provisions provided in part Part 3 of Schedule 4 shall apply. (e) The Parties acknowledge that the Proponent may require compliance with the DAA Guidelines where the Proponent envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application.apply.‌ (f) SWALSC acknowledges that the inclusion in an Activity Notice of the matters described in parts 1.2(c) to (f) of Schedule 4 does not prejudice any statement by the Proponent that it considers that no Survey is required. (g) To avoid doubt, the Government Proponent may modify any aspect of the Activity Notice up to the time of receiving the Activity Notice Response. Proposed modifications to the Activity Notice after receipt of the Activity Notice Response shall be discussed between the Parties PBC and the Government Proponent but, acting provided that the PBC acts reasonably, SWALSC the PBC shall have the right to request a fresh Activity Notice instead of dealing with the proposed modified Activity Notice. If a fresh Activity Notice is issued the time limits in clause 16.1(a) shall apply as if that were a new Activity Notice. The Government Proponent may also request any of the items referred to in part Part 1.2(f) of Schedule 4 at any later time, in accordance with clause 12.2.12.2.‌ (g) The date of receipt by the PBC of the Activity Notice (or fresh Activity Notice if requested under clause 8.2(f)) is the Activity Notice Date.‌

Giving the Activity Notice. ‌ (a) Except where clause 8.1(a) or (b) 8.1 applies, if the Proponent intends to undertake an Activity in the Agreement a Tenure Area, it shall must issue a notice in writing to SWALSC the PBC in accordance with this clause 8.2 (Activity Notice). An Activity Notice may be given in respect of more than one Tenure Area. (b) The main purposes of an Activity Notice are:are:‌ (i) to provide adequate information to assist SWALSC to make an assessment as to determine whether a Survey is required and if so, whether a Site Identification Survey or a Site Avoidance Surveywhat kind; and (ii) if a Survey is required, to provide information relevant to the conduct of that Survey. (c) The Activity Notice: Notice shall contain:contain:‌ (i) the basic information specified in part Part 1.1 of Schedule 4; and5;‌ (ii) the key statements and nominations specified in part Part 1.2 and the detailed contents specified in part 1.3 of Schedule 45 or if clause 8.2(e) applies, the default provisions of Part 3 of Schedule 5; and may also contain:and (iii) the additional contents information specified in part Part 2 of Schedule 45. (d) The PBC acknowledges that the inclusion in an Activity Notice of the matters described in Parts 1.2(c) to (f) of Schedule 5 does not prejudice any statement by the Proponent that it considers that no Survey is required. (e) If the Proponent omits to specify or nominate, in an Activity Notice, any of the particular items referred to in parts Part 1.2 and 1.3 of Schedule 45, then the default provisions provided in part Part 3 of Schedule 4 shall apply. (e) The Parties acknowledge that the Proponent may require compliance with the DAA Guidelines where the Proponent envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application.5 apply.‌ (f) SWALSC acknowledges that the inclusion in an Activity Notice of the matters described in parts 1.2(c) to (f) of Schedule 4 does not prejudice any statement by the Proponent that it considers that no Survey is required. (g) To avoid doubt, the Proponent may modify any aspect of the Activity Notice up to the time of receiving the Activity Notice Response. Proposed modifications to the Activity Notice after receipt of the Activity Notice Response shall be discussed between the Parties but, acting provided that the PBC acts reasonably, SWALSC the PBC shall have the right to request a fresh Activity Notice instead of dealing with the proposed modified Activity Notice. If a fresh Activity Notice is issued the time limits in clause 16.1(a) shall apply as if that were a new Activity Notice. The Proponent may also request any of the items referred to in part Part 1.2(f) of Schedule 4 5 at any later time, in accordance with clause 12.2.12.2.‌ (g) The date of receipt by the PBC of the Activity Notice (or fresh Activity Notice if requested under clause 8.2(f)) is the Activity Notice Date.‌

Giving the Activity Notice. (a) Except where clause 8.1(a) or (b) applies, if the Proponent intends to undertake an Activity in the Agreement Area, it shall issue a notice in writing to SWALSC the RC in accordance with this clause 8.2 (Activity Notice). (b) . The main purposes of an Activity Notice are: (i) : to provide adequate information to assist SWALSC the RC to make an assessment as to whether a Survey is required and if so, whether a Site Identification Survey or a Site Avoidance Survey; and (ii) and if a Survey is required, to provide information relevant to the conduct of that Survey. (c) . The Activity Notice: shall contain: (i) : the basic information specified in part 1.1 of Schedule 4; and (ii) and the key statements and nominations specified in part 1.2 and the detailed contents specified in part 1.3 of Schedule 4; and may also contain: (iii) : the additional contents specified in part 2 of Schedule 4. (d) . If the Proponent omits to specify or nominate, in an Activity Notice, any of the particular items referred to in parts 1.2 and 1.3 of Schedule 4, then the default provisions provided in part 3 of Schedule 4 shall apply. (e) . The Parties acknowledge that the Proponent may require compliance with the DAA Guidelines where the Proponent envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application. (f) SWALSC . The RC acknowledges that the inclusion in an Activity Notice of the matters described in parts 1.2(c) to (f) of Schedule 4 does not prejudice any statement by the Proponent that it considers that no Survey is required. (g) . To avoid doubt, the Proponent may modify any aspect of the Activity Notice up to the time of receiving the Activity Notice Response. Proposed modifications to the Activity Notice after receipt of the Activity Notice Response shall be discussed between the Parties but, acting reasonably, SWALSC the RC shall have the right to request a fresh Activity Notice instead of dealing with the proposed modified Activity Notice. If a fresh Activity Notice is issued the time limits in clause 16.1(a) shall apply as if that were a new Activity Notice. The Proponent may also request any of the items referred to in part 1.2(f) of Schedule 4 at any later time, in accordance with clause 12.2.. The RC will consider the Activity Notice and shall, within 15 Business Days after receipt of such Activity Notice or modified Activity Notice, notify the Proponent in writing as to whether the RC considers that a Survey is required (Activity Notice Response). In coming to its decision the RC shall take into account: the extent to which the Activity Program described in the Activity Notice consists of Low Ground Disturbance Activities; and the extent to which the land and waters the subject of the Activity Notice have been the subject of a previous Aboriginal Heritage Survey. In considering this factor, the RC will consider whether it is clear from the reported results of the previous Aboriginal Heritage Survey that the Activities disclosed in the Activity Notice can be carried out without damaging Aboriginal Heritage; and any relevant previous decisions by the RC under clause 8.3(b); and any other matter the RC reasonably considers relevant, including if appropriate a visit to the Agreement Area with representatives from the Proponent and from DAA. The Proponent shall be free to carry out any Activity in the Agreement Area without conducting a Survey where: the RC so agrees in writing; or the RC waives its right under this NSHA to require a Survey of the proposed Activity; whether in an Activity Notice Response or otherwise. Either Party may request additional information from the other at any time to enable discussion and proper consideration of the Activity Notice. If in its Activity Notice Response the RC indicates that it considers that a Survey is required, then the Activity Notice Response shall set out the following additional information: if different to the opinion given by the Proponent in the Activity Notice in accordance with part 1.2(a) of Schedule 4 a statement of the extent to which the Activity Program consists of Low Ground Disturbance Activity, in the RC’s opinion; and if different to the nomination by the Proponent in the Activity Notice in accordance with part 1.2(c) Schedule 4, a nomination of the RC’s proposed Survey Methodology; and if different to the date or dates nominated by the Proponent in the Activity Notice in accordance with part 1.2(e) of Schedule 4, a nomination of a proposed Survey start date or finish date taking into account the availability of the Aboriginal Heritage Service Provider, if contracted by the RC; and if practicable, and subject to clause 9.5(a), an estimate of costs to conduct the Survey; and an election, or not, by the RC as to whether it will: contract the Aboriginal Heritage Service Provider; or perform the functions of the Aboriginal Heritage Service Provider itself and, if so, whether it will need to contract a Principal Aboriginal Heritage Consultant; and if electing to contract the Aboriginal Heritage Service Provider, a nomination of the RC’s preferred proposed Aboriginal Heritage Service Providers and (if different to the Aboriginal Heritage Service Provider,) Principal Aboriginal Heritage Consultants; and if the RC does not elect either to be the Aboriginal Heritage Service Provider or to contract the Aboriginal Heritage Survey Provider under clause 8.3(d)(v), the names and contact details of the proposed Aboriginal Consultants for the Survey. If these details are not provided to the Proponent either in the Activity Notice Response or within 10 Business Days after the Survey Agreement Date, the Proponent may contact DAA for details of persons identified by DAA who have previously been recorded on the Aboriginal Heritage Register in relation to particular sites in the Survey Area. If, following receipt by the Proponent of the Activity Notice Response, the Parties are in disagreement on any matter concerning the conduct of a proposed Survey, the Parties shall then endeavour to agree on all outstanding matters by following the provisions of clause 9. To avoid doubt, until the Parties have consulted under clause 9 during the period of 20 Business Days referred to in clause 9.1(d), no Party is entitled to invoke the dispute resolution provisions of clause 18 in respect of any matter the subject of this clause 8. Survey agreement and planning