Preliminary Advice. The Preliminary Advice should provide sufficient information (without disclosing any Sensitive Heritage Information) to allow the Proponent to know whether to proceed or not with any Activities, with or without conditions. Upon receipt by the Proponent of the Preliminary Advice, and subject to any reasonable recommendations in the Preliminary Advice, the Proponent may commence the Activities described in the relevant Activity Program (except any Activities indicated in the Preliminary Advice as potentially resulting in a breach of the Aboriginal Heritage Act). Contents of Survey Report The Party contracting the Aboriginal Heritage Service Provider must ensure the following: that the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant will, in consultation with the Survey Team, prepare a Survey Report in accordance with the guidelines: in part 1 and part 2 of Schedule 6, where the Survey being conducted is a Site Avoidance Survey; or in part 1 and part 3 of Schedule 6, where the Survey is a Site Identification Survey. where the Proponent has requested in writing (whether in the Activity Notice or at any other time allowable under clause 12.2) that the Survey Report complies with the DPLH Guidelines and the Proponent envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application, that the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant includes sufficient information in the Survey Report to assist: the ACMC in considering an Aboriginal Heritage Act Section 18 Application; or the Aboriginal Heritage Act Registrar in considering an Aboriginal Heritage Act Section 16 Application. that in addition to the matters described in Schedule 6, the Survey Report: describes which aspects (if any) of the Activity Program described in an Activity Notice, if carried out, would be likely to result in a breach of the Aboriginal Heritage Act; records sufficient information to enable the Proponent to plan and, subject to the law and this NSHA to comply with the Aboriginal Heritage Act in the course of undertaking the things that are the subject of the Activity Notice; and complies with the DPLH Guidelines. Provision of Aboriginal Heritage Information to DPLH Following the preparation of the Survey Report: if SWALSC is the Aboriginal Heritage Service Provider it must provide: or if SWALSC is not the Aboriginal Heritage Service Provider the Party contracting the Aboriginal Heritage Service Provider must ensure that the Aboriginal Heritage Service Provider provides, the following information to the Aboriginal Heritage Act Registrar: a copy of the Survey Report; and if Aboriginal Sites have been identified during the Survey, a Heritage Information Submission Form (as attached at Schedule 7, or as amended from time to time) with respect to each site. Provision of Survey Information to DPLH If the Proponent contracted the Aboriginal Heritage Service Provider, the Proponent must, within 15 Business Days after the preparation of the Survey Report, provide to SWALSC, in writing, the details required by items 24 and 25 of Schedule 8. Subject to clause 12.6(a), following the preparation of the Survey Report SWALSC must ensure that the information set out in Schedule 8 is provided to the Aboriginal Heritage Act Registrar. Reliance on Survey Report The Parties each acknowledge that they may rely upon the contents of a Survey Report. Intellectual property Intellectual property of the Proponent to be assigned to SWALSC If the Proponent is contracting the Aboriginal Heritage Service Provider, the Proponent assigns all intellectual property rights it holds in the Survey Report to SWALSC upon its creation. Licence to use Survey Report Subject to clause 19, SWALSC shall grant to the Proponent an irrevocable, transferable, non exclusive, royalty-free licence to use any Survey Report for the purposes of the Proponent: conducting its Activities as set out in the Activity Notice; or seeking any necessary or desirable statutory approvals relevant to its Activities including under the Aboriginal Heritage Act; or enforcing, defending or establishing its rights, including through court proceedings, and complying with its obligations, under this NSHA or any relevant statutory approvals. Effect of NSHA on other Aboriginal Heritage Agreements If the Proponent: has entered into one or more Aboriginal Heritage Agreements (other than this NSHA) prior to the Effective Date (including ones entered into prior to the ILUA, and which is or are specified in item 5 of Schedule 2; and the pre-existing Aboriginal Heritage Agreement applies to an Activity to which this NSHA relates, then the provisions of this NSHA shall prevail over the provisions of any such pre-existing Aboriginal Heritage Agreement unless otherwise provided in item 6 of Schedule 2. Proponent must consult about Aboriginal Heritage Act applications The Proponent shall not lodge an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application in respect of any area within the Agreement Area without first giving SWALSC at least 30 Business Days’ notice of its intention to do so. The Proponent must consult, including by making reasonable efforts to meet with SWALSC, about any proposal that is the subject of such an Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application. Prior to the ACMC considering the Aboriginal Heritage Act Section 18 Application or the Aboriginal Heritage Act Registrar considering the Aboriginal Heritage Act Section 16 Application, as the case may be, the Proponent must give reasonable notice to the ACMC (or the Aboriginal Heritage Act Registrar as the case may be) and to the Aboriginal Heritage Service Provider of the detail of the consultation that has taken place. Subject to clause 15(a), nothing in this NSHA prevents the Proponent lodging an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application. Time limits Time for compliance and consequences of non-compliance The Parties, as applicable, must each meet the time limits imposed under the following provisions of this NSHA: the receipt by the Proponent of an Activity Notice Response (clause 8.3(a)); and subject to clauses 9.1(e) and 18.9, the reaching of the Survey Agreement Date within the Survey Agreement Period (clause 9.1(d)); and the commencement of fieldwork for a Survey (clause 10.2(a)) and the agreed date (if any) for completion of the fieldwork for a Survey (clauses 8.3(d)(iii)) or 9.7; and the receipt by the Proponent of the Preliminary Advice following completion of a Survey (clause 12.1(a)); and the receipt by SWALSC and by the Proponent of the draft Survey Report (clause 12.1(b)); the receipt by the Proponent of the final Survey Report (clause 12.1(c)). The time limits on the steps referred to in clause 16.1(a) may be extended by agreement in writing between the Parties. Any such agreed extension will apply only to a single Activity Program, unless expressly agreed otherwise in the written agreement under this clause.

Appears in 18 contracts

Samples: www.dmp.wa.gov.au, www.wa.gov.au, www.wa.gov.au

Preliminary Advice. The Preliminary Advice should provide sufficient information (without disclosing any Sensitive Heritage Information) to allow the Proponent to know whether to proceed or not with any Activities, with or without conditions. Upon receipt by the Proponent of the Preliminary Advice, and subject to any reasonable recommendations in the Preliminary Advice, the Proponent may commence the Activities described in the relevant Activity Program (except any Activities indicated in the Preliminary Advice as potentially resulting in a breach of the Aboriginal Heritage Act). Contents of Survey Report The Party contracting the Aboriginal Heritage Service Provider must ensure the following: that the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant will, in consultation with the Survey Team, prepare a Survey Report in accordance with the guidelines: in part 1 and part 2 of Schedule 6, where the Survey being conducted is a Site Avoidance Survey; or in part 1 and part 3 of Schedule 6, where the Survey is a Site Identification Survey. where the Proponent has requested in writing (whether in the Activity Notice or at any other time allowable under clause 12.2) that the Survey Report complies with the ~~DPLH~~ DAA Guidelines and the Proponent envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application, that the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant includes sufficient information in the Survey Report to assist: the ACMC in considering an Aboriginal Heritage Act Section 18 Application; or the Aboriginal Heritage Act Registrar in considering an Aboriginal Heritage Act Section 16 Application. that in addition to the matters described in Schedule 6, the Survey Report: describes which aspects (if any) of the Activity Program described in an Activity Notice, if carried out, would be likely to result in a breach of the Aboriginal Heritage Act; records sufficient information to enable the Proponent to plan and, subject to the law and this NSHA to comply with the Aboriginal Heritage Act in the course of undertaking the things that are the subject of the Activity Notice; and complies with the ~~DPLH~~ DAA Guidelines. Provision of Aboriginal Heritage Information to ~~DPLH~~ DAA Following the preparation of the Survey Report: if SWALSC is the Aboriginal Heritage Service Provider it must provide: or if SWALSC is not the Aboriginal Heritage Service Provider the Party contracting the Aboriginal Heritage Service Provider must ensure that the Aboriginal Heritage Service Provider provides, the following information to the Aboriginal Heritage Act Registrar: a copy of the Survey Report; and if Aboriginal Sites have been identified during the Survey, a Heritage Information Submission Form (as attached at Schedule 7, or as amended from time to time) with respect to each site. Provision of Survey Information to ~~DPLH~~ DAA If the Proponent contracted the Aboriginal Heritage Service Provider, the Proponent must, within 15 Business Days after the preparation of the Survey Report, provide to SWALSC, in writing, the details required by items 24 and 25 of Schedule 8. Subject to clause 12.6(a), following the preparation of the Survey Report SWALSC must ensure that the information set out in Schedule 8 is provided to the Aboriginal Heritage Act Registrar. Reliance on Survey Report The Parties each acknowledge that they may rely upon the contents of a Survey Report. Intellectual property Intellectual property of the Proponent to be assigned to SWALSC If the Proponent is contracting the Aboriginal Heritage Service Provider, the Proponent assigns all intellectual property rights it holds in the Survey Report to SWALSC upon its creation. Licence to use Survey Report Subject to clause 19, SWALSC shall grant to the Proponent an irrevocable, transferable, non exclusive, royalty-free licence to use any Survey Report for the purposes of the Proponent: conducting its Activities as set out in the Activity Notice; or seeking any necessary or desirable statutory approvals relevant to its Activities including under the Aboriginal Heritage Act; or enforcing, defending or establishing its rights, including through court proceedings, and complying with its obligations, under this NSHA or any relevant statutory approvals. Effect of NSHA on other Aboriginal Heritage Agreements If the Proponent: has entered into one or more Aboriginal Heritage Agreements (other than this NSHA) prior to the Effective Date (including ones entered into prior to the ILUA, and which is or are specified in item 5 of Schedule 2; and the pre-existing Aboriginal Heritage Agreement applies to an Activity to which this NSHA relates, then the provisions of this NSHA shall prevail over the provisions of any such pre-existing Aboriginal Heritage Agreement unless otherwise provided in item 6 of Schedule 2. Proponent must consult about Aboriginal Heritage Act applications The Proponent shall not lodge an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application in respect of any area within the Agreement Area without first giving SWALSC at least 30 Business Days’ notice of its intention to do so. The Proponent must consult, including by making reasonable efforts to meet with SWALSC, about any proposal that is the subject of such an Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application. Prior to the ACMC considering the Aboriginal Heritage Act Section 18 Application or the Aboriginal Heritage Act Registrar considering the Aboriginal Heritage Act Section 16 Application, as the case may be, the Proponent must give reasonable notice to the ACMC (or the Aboriginal Heritage Act Registrar as the case may be) and to the Aboriginal Heritage Service Provider of the detail of the consultation that has taken place. Subject to clause 15(a), nothing in this NSHA prevents the Proponent lodging an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application. Time limits Time for compliance and consequences of non-compliance The Parties, as applicable, must each meet the time limits imposed under the following provisions of this NSHA: the receipt by the Proponent of an Activity Notice Response (clause 8.3(a)); and subject to clauses 9.1(e) and 18.9, the reaching of the Survey Agreement Date within the Survey Agreement Period (clause 9.1(d)); and the commencement of fieldwork for a Survey (clause 10.2(a)) and the agreed date (if any) for completion of the fieldwork for a Survey (clauses 8.3(d)(iii)) or 9.7; and the receipt by the Proponent of the Preliminary Advice following completion of a Survey (clause 12.1(a)); and the receipt by SWALSC and by the Proponent of the draft Survey Report (clause 12.1(b)); the receipt by the Proponent of the final Survey Report (clause 12.1(c)). The time limits on the steps referred to in clause 16.1(a) may be extended by agreement in writing between the Parties. Any such agreed extension will apply only to a single Activity Program, unless expressly agreed otherwise in the written agreement under this clause.

Appears in 14 contracts

Samples: www.dmp.wa.gov.au, www.dmp.wa.gov.au, www.dmp.wa.gov.au

Preliminary Advice. The Preliminary Advice should provide sufficient information (without disclosing any Sensitive Heritage Information) to allow the Proponent to know whether to proceed or not with any Activities, with or without conditions. Upon receipt by the Proponent of the Preliminary Advice, and subject to any reasonable recommendations in the Preliminary Advice, the Proponent may commence the Activities described in the relevant Activity Program (except any Activities indicated in the Preliminary Advice as potentially resulting in a breach of the Aboriginal Heritage Act). Contents of Survey Report The Party contracting the Aboriginal Heritage Service Provider must ensure the following: that the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant will, in consultation with the Survey Team, prepare a Survey Report in accordance with the guidelines: in part 1 and part 2 of Schedule 6, where the Survey being conducted is a Site Avoidance Survey; or in part 1 and part 3 of Schedule 6, where the Survey is a Site Identification Survey. where the Proponent has requested in writing (whether in the Activity Notice or at any other time allowable under clause 12.2) that the Survey Report complies with the DPLH Guidelines and the Proponent envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application, that the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant includes sufficient information in the Survey Report to assist: the ACMC in considering an Aboriginal Heritage Act Section 18 Application; or the Aboriginal Heritage Act Registrar in considering an Aboriginal Heritage Act Section 16 Application. that in addition to the matters described in Schedule 6, the Survey Report: describes which aspects (if any) of the Activity Program described in an Activity Notice, if carried out, would be likely to result in a breach of the Aboriginal Heritage Act; records sufficient information to enable the Proponent to plan and, subject to the law and this NSHA to comply with the Aboriginal Heritage Act in the course of undertaking the things that are the subject of the Activity Notice; and complies with the DPLH Guidelines. Provision of Aboriginal Heritage Information to DPLH Following the preparation of the Survey Report: if ~~SWALSC~~ the RC is the Aboriginal Heritage Service Provider it must provide: or if ~~SWALSC~~ the RC is not the Aboriginal Heritage Service Provider the Party contracting the Aboriginal Heritage Service Provider must ensure that the Aboriginal Heritage Service Provider provides, the following information to the Aboriginal Heritage Act Registrar: a copy of the Survey Report; and if Aboriginal Sites have been identified during the Survey, a Heritage Information Submission Form (as attached at Schedule 7, or as amended from time to time) with respect to each site. Provision of Survey Information to DPLH If the Proponent contracted the Aboriginal Heritage Service Provider, the Proponent must, within 15 Business Days after the preparation of the Survey Report, provide to ~~SWALSC~~the RC, in writing, the details required by items 24 and 25 of Schedule 8. Subject to clause 12.6(a), following the preparation of the Survey Report ~~SWALSC~~ the RC must ensure that the information set out in Schedule 8 is provided to the Aboriginal Heritage Act Registrar. Reliance on Survey Report The Parties each acknowledge that they may rely upon the contents of a Survey Report. Intellectual property Intellectual property of the Proponent to be assigned to SWALSC If the Proponent is contracting the Aboriginal Heritage Service Provider, the Proponent assigns all intellectual property rights it holds in the Survey Report to SWALSC upon its creation. Licence to use Survey Report Subject to clause 19, SWALSC shall grant to the Proponent an irrevocable, transferable, non exclusive, royalty-free licence to use any Survey Report for the purposes of the Proponent: conducting its Activities as set out in the Activity Notice; or seeking any necessary or desirable statutory approvals relevant to its Activities including under the Aboriginal Heritage Act; or enforcing, defending or establishing its rights, including through court proceedings, and complying with its obligations, under this NSHA or any relevant statutory approvals. Effect of NSHA on other Aboriginal Heritage Agreements If the Proponent: has entered into one or more Aboriginal Heritage Agreements (other than this NSHA) prior to the Effective Date (including ones entered into prior to the ILUA, and which is or are specified in item 5 of Schedule 2; and the pre-existing Aboriginal Heritage Agreement applies to an Activity to which this NSHA relates, then the provisions of this NSHA shall prevail over the provisions of any such pre-existing Aboriginal Heritage Agreement unless otherwise provided in item 6 of Schedule 2. Proponent must consult about Aboriginal Heritage Act applications The Proponent shall not lodge an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application in respect of any area within the Agreement Area without first giving SWALSC at least 30 Business Days’ notice of its intention to do so. The Proponent must consult, including by making reasonable efforts to meet with SWALSC, about any proposal that is the subject of such an Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application. Prior to the ACMC considering the Aboriginal Heritage Act Section 18 Application or the Aboriginal Heritage Act Registrar considering the Aboriginal Heritage Act Section 16 Application, as the case may be, the Proponent must give reasonable notice to the ACMC (or the Aboriginal Heritage Act Registrar as the case may be) and to the Aboriginal Heritage Service Provider of the detail of the consultation that has taken place. Subject to clause 15(a), nothing in this NSHA prevents the Proponent lodging an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application. Time limits Time for compliance and consequences of non-compliance The Parties, as applicable, must each meet the time limits imposed under the following provisions of this NSHA: the receipt by the Proponent of an Activity Notice Response (clause 8.3(a)); and subject to clauses 9.1(e) and 18.9, the reaching of the Survey Agreement Date within the Survey Agreement Period (clause 9.1(d)); and the commencement of fieldwork for a Survey (clause 10.2(a)) and the agreed date (if any) for completion of the fieldwork for a Survey (clauses 8.3(d)(iii)) or 9.7; and the receipt by the Proponent of the Preliminary Advice following completion of a Survey (clause 12.1(a)); and the receipt by SWALSC and by the Proponent of the draft Survey Report (clause 12.1(b)); the receipt by the Proponent of the final Survey Report (clause 12.1(c)). The time limits on the steps referred to in clause 16.1(a) may be extended by agreement in writing between the Parties. Any such agreed extension will apply only to a single Activity Program, unless expressly agreed otherwise in the written agreement under this clause.

Appears in 7 contracts

Samples: Heritage Agreement, Heritage Agreement, Heritage Agreement

Preliminary Advice. ~~The~~ A Preliminary Advice ~~should provide sufficient~~ shall include a summary of the results of the Survey with corresponding spatial information ~~(without disclosing any Sensitive Heritage Information)~~ as required and record at least the information referred to ~~allow the Proponent to know whether to proceed or not with any Activities, with or without conditions~~in clause 12.4(c)(i). Upon receipt by the Government Proponent of the Preliminary Advice, and subject to any reasonable recommendations in the Preliminary Advice, the Government Proponent may commence the Activities described in the relevant Activity Program (except any Activities indicated in the Preliminary Advice as potentially resulting in a breach of the Aboriginal Heritage Act). Contents of Survey Report The ~~Party contracting~~ Survey Report will record sufficient information to enable the Government Proponent to: plan and, subject to the law and this GSHA, undertake the things that are the subject of the Activity Notice; and lodge an Aboriginal Heritage ~~Service Provider must ensure~~ Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application supported by all necessary information, where the ~~following: that~~ Parties have been made aware of the proposed application in accordance with clause 17. The Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) will, in consultation with the Survey Team, ~~prepare~~ be responsible for preparing a Survey ~~Report~~ Report: as per the requirements in ~~accordance with the guidelines: in part~~ Part 1 and ~~part~~ Part 2 of Schedule 6, where the Survey being conducted is a Site Avoidance Survey; or as per the requirements in ~~part~~ Part 1 and ~~part~~ Part 3 of Schedule 6, where the Survey is a Site Identification Survey. where the Proponent has requested in writing (whether in the Activity Notice or at any other time allowable under clause 12.2) that the Survey Report complies with the DPLH Guidelines and the Proponent envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application, that the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant includes sufficient information in the Survey Report to assist: the ACMC in considering an Aboriginal Heritage Act Section 18 Application; or the Aboriginal Heritage Act Registrar in considering an Aboriginal Heritage Act Section 16 Application. that in In addition to the matters described in Schedule 6, the Survey ~~Report~~Report will: ~~describes~~ describe which aspects (if any) of the Activity Program described in an Activity Notice, if carried out, may result in impacts to Aboriginal Heritage Sites; describe which aspects (if any) of the Activity Program described in an Activity Notice, if carried out, would ~~be likely to result in a breach~~ benefit from the presence of Yamatji Monitors and the recommended number and/or gender of the ~~Aboriginal Heritage Act~~Yamatji Monitors; ~~records~~ and record sufficient information to enable the Government Proponent to plan and, subject to the law and this ~~NSHA to comply with the Aboriginal Heritage Act in the course of undertaking~~ GSHA, undertake the things that are the subject of the Activity Notice~~; and complies with the DPLH Guidelines~~. ~~Provision of Aboriginal Heritage Information to DPLH Following the preparation of~~ If the Survey ~~Report: if SWALSC is the Aboriginal Heritage Service Provider it must provide: or if SWALSC is~~ Report includes a recommendation that Yamatji Monitors should be engaged with respect to Activity that does not the Aboriginal Heritage Service Provider the Party contracting the Aboriginal Heritage Service Provider must ensure that the Aboriginal Heritage Service Provider provides, the following information to the require an Aboriginal Heritage Act ~~Registrar: a copy of the Survey Report; and if Aboriginal Sites have been identified during the Survey, a Heritage Information Submission Form (as attached at Schedule 7,~~ Section 16 Application or ~~as amended from time to time) with respect to each site. Provision of Survey Information to DPLH If the Proponent contracted the~~ an Aboriginal Heritage ~~Service Provider~~Act Section 18 Application, the Government Proponent ~~must,~~ will contact the Corporation within 15 10 Business Days ~~after the preparation~~ of ~~the Survey Report, provide to SWALSC, in writing, the details required by items 24 and 25 of Schedule 8. Subject to clause 12.6(a), following the preparation~~ receipt of the Survey Report ~~SWALSC must ensure that~~ to discuss the ~~information set out in Schedule 8 is provided to the Aboriginal Heritage Act Registrar~~recommendation. Reliance on and use of Survey Report ~~The~~ While the Parties each acknowledge that they may rely upon the contents of a Survey Report, the following conditions apply to use of information about sites that do or likely constitute Aboriginal Sites arising from a Survey Report and/or Preliminary Advice (Site Information): Site Information, excluding any Sensitive Heritage Information, will be submitted in a Heritage Information Submission Form to DPLH and if the Site Information was obtained during a Site Avoidance Survey and the ACMC intends to rely on that Site Information for the purpose of assessing whether the relevant site is an Aboriginal Site, the Parties will: advise the ACMC that the Site Information contained within the Survey Report and/or Preliminary Advice is not a complete recording of that site; and recommend that the ACMC seek further information from the Corporation about this site prior to making such an assessment; if the Site Information was obtained during a Site Avoidance Survey, it cannot be used for the purpose of making an Aboriginal Heritage Section 16 Application or Aboriginal Heritage Act Section 18 Application, and if the Site Information was obtained during a Site Identification Survey, it may be used for the purpose of making an Aboriginal Heritage Section 16 Application or Aboriginal Heritage Act Section 18 Application in accordance with clause 17. Provision of Information to DPLH Within 15 Business Days of the completion of the Survey Report, the Corporation must provide the following information to DPLH and the Aboriginal Heritage Act Registrar: a copy of the Survey Report to DPLH; and if Aboriginal Sites have been identified during the Site Identification Surveyhat have not been previously recorded, or additional information is received about a previously recorded site, a Heritage Information Submission Form (accessible via the Heritage Department's website at xxx.xxxx.xx.xxx.xx) with respect to each site. The State shall ensure that the Heritage Department maintains the confidentiality of all Survey Reports as referred to in clause 12.6(a)(i) which are in the Heritage Department's possession, in accordance with the provisions of clause 21. Intellectual property Intellectual property of the ~~Proponent to be assigned to SWALSC If the Proponent is contracting the Aboriginal Heritage Service Provider, the Proponent assigns all~~ Traditional Owners All intellectual property rights ~~it holds~~ in the Survey Report ~~to SWALSC upon its creation~~vest absolutely and irrevocably in the Traditional Owners. Licence to use ~~Survey Report~~ intellectual property Subject to clause 1921, ~~SWALSC shall grant~~ the Corporation pursuant to the ILUA on behalf of the Traditional Owners, grants to the Government Proponent an irrevocable, transferable, ~~non~~ non-exclusive, unrestricted, royalty-free licence to ~~use~~ utilise any Survey Report for the purposes of the Government Proponent: conducting its ~~Activities as set out in the Activity Notice~~Activities; or seeking any necessary or desirable statutory approvals ~~relevant to its Activities~~ or pursuing any rights under law, including under the Aboriginal Heritage Act; ~~or enforcing, defending or establishing~~ and enforcing its rights~~, including through court proceedings~~, and complying with its obligations, under this ~~NSHA~~ GSHA. Identification and Relocation of Ancestral Remains or ~~any~~ Objects Where, as a result of an Activity, the Government Proponent uncovers skeletal remains or identifies an area or object which it reasonably suspects of being an Aboriginal Site or Aboriginal Object, the Government Proponent will: cease all such operations and activities in the immediate vicinity of such remains, area or objects; immediately notify the DPLH and other relevant authorities in accordance with the Aboriginal Heritage Act and other applicable statutory ~~approvals~~law; and notify the Corporation of the findings and, subject to other statutory requirements, meet on site where the Parties will discuss in good faith a culturally appropriate method of managing the discovery and how to deal with it in accordance with the provisions of the Aboriginal Heritage Act or other applicable statutory law. For the avoidance of doubt, and subject to other statutory requirements, the Activity may continue in areas which are not in the immediate vicinity of the suspected skeletal remains or suspected Aboriginal Site or Aboriginal Object. Effect of ~~NSHA~~ GSHA on other Aboriginal Heritage Agreements If the Government Proponent: has ~~entered into~~ one or more Aboriginal Heritage Agreements (other than this ~~NSHA~~GSHA) with the Corporation or any of its Members, which were entered into prior to the Effective Date (including ones entered into prior to the ILUA, and which is or are specified in item 5 of Schedule 2; and the pre-existing Aboriginal Heritage Agreement applies to an Activity to which this ~~NSHA~~ GSHA relates, then the provisions of this ~~NSHA~~ GSHA shall prevail over the provisions of any such pre-existing Aboriginal Heritage Agreement unless otherwise provided in item 6 of Schedule 2. Environmental protection In co-operation with the Corporation, the State and Government Parties agree to rehabilitate the Aboriginal Heritage Area as a result of their Activities as required by law. The State shall respond to any complaint or concern raised by the Corporation regarding failure to rehabilitate the Aboriginal Heritage Area as required by law. Consultation about Aboriginal Heritage Act applications Government Proponent must consult about Aboriginal Heritage Act applications ~~The~~ Subject to the provisions of this clause 17.1, each Party acknowledges the benefit of the Corporation being consulted about a proposal by a Government Proponent to lodge an Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application in respect of any area within the Aboriginal Heritage Area. Unless otherwise agreed between the Parties, the Government Proponent shall not lodge an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application ~~in respect of any area within the Agreement Area~~ without first giving ~~SWALSC at least 30 Business Days’~~ the Corporation prior written notice of its intention to do soso (Notice of Application) and arranging for consultation in accordance with clauses 17.1(c) and (d). ~~The~~ If the Government Proponent gives the Corporation a Notice of Application under clause 17.1(b): the Corporation must, if it wishes to proceed to consultation under clause 17.1(d), within 15 Business Days of receiving the Notice of Application, give to the Government Proponent a written notice stating that the Corporation would like to proceed to consultation (Notice to Consult); or if the Corporation does not give a Notice to Consult to the Government Proponent within the time period specified in clause 17.1(c)(i), the Government Proponent may lodge the Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application (as the case may be) the subject of the Notice of Application without further consultation with the Corporation under this clause 17.1. If the Government Proponent receives a Notice to Consult within the period specified in clause 17.1(c)(i), the Government Proponent must ~~consult,~~ consult with the Corporation for a minimum of 35 Business Days immediately after receipt of such Notice to Consult including by making reasonable efforts to meet with ~~SWALSC~~the Corporation, about ~~any~~ the proposal ~~that~~ which is the subject of ~~such~~ the Notice of Application, with a view to agreeing: where appropriate, that the proposal is not likely to impact Aboriginal Sites or Aboriginal Objects; or ways to avoid the need to lodge the Aboriginal Heritage Act Section 16 Application or the Aboriginal Heritage Act Section 18 Application (as the case may be); or where the Government Proponent considers that agreement under clause 17.1(d)(ii) above is not likely, ways to minimise and mitigate the impact of an authorisation under section 16 of the Aboriginal Heritage Act or consent under section 18 of the Aboriginal Heritage Act, as the case may be (including through salvage or relocation of Aboriginal Sites or Aboriginal Objects). Yamatji Monitors Where a Survey Report recommends that Yamatji Monitors be engaged, the Government Proponent shall note in any Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application~~. Prior to~~ : that the ~~ACMC considering~~ survey report recommends that Yamatji Monitors be engaged, in consultation with the Corporation, for any excavation, removal or other works that may be approved by the Registrar under section 16 of the Aboriginal Heritage Act ~~Section~~ or the Minister under section 18 ~~Application or~~ of the Aboriginal Heritage ~~Act Registrar considering~~ Act; and whether the ~~Aboriginal Heritage Act Section 16 Application~~Government Proponent supports this recommendation and, as if so, what the ~~case may be,~~ terms of any proposed condition could be (the ~~Proponent must give reasonable notice to~~ Proposed Condition). The Government Party shall be responsible for the ~~ACMC (or the Aboriginal Heritage Act Registrar as the case may be) and to the Aboriginal Heritage Service Provider~~ terms of ~~the detail of the consultation that has taken place. Subject to clause 15(a), nothing~~ any Proposed Condition in ~~this NSHA prevents the Proponent lodging an~~ any Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 ~~Application~~Application and may, without limitation, specify the number of Yamatji Monitors to be engaged and whether the Yamatji Monitors are to be present for some or all of the time in which any excavation, removal or other works that may be approved by the Registrar under section 16 of the Aboriginal Heritage Act or the Minister under section 18 of the Aboriginal Heritage Act are being undertaken. ~~Time limits Time for compliance and consequences~~ Justifiable delay A delay caused by an event of ~~non-compliance The Parties, as applicable, must each meet~~ Force Majeure or Yamatji Cultural Business notified under clause 26 will be excluded from the time limits imposed under the following provisions of this NSHA: the receipt by the Proponent of an Activity Notice Response (clause 8.3(a)); and subject to clauses 9.1(e) and 18.9, the reaching of the Survey Agreement Date within the Survey Agreement Period (clause 9.1(d)); and the commencement of fieldwork for a Survey (clause 10.2(a)) and the agreed date (if any) for completion of the fieldwork for a Survey (clauses 8.3(d)(iii)) or 9.7; and the receipt by the Proponent of the Preliminary Advice following completion of a Survey (clause 12.1(a)); and the receipt by SWALSC and by the Proponent of the draft Survey Report (clause 12.1(b)); the receipt by the Proponent of the final Survey Report (clause 12.1(c)). The time limits on the steps referred to in clause ~~16.1(a~~17.1. A Party asserting the existence of a delay to which clause 17.3(a) ~~may be extended by agreement in writing between~~ applies must advise the ~~Parties. Any such agreed extension will apply only~~ other Party of that delay and take reasonable steps to ~~a single Activity Program, unless expressly agreed otherwise in~~ mitigate (to the ~~written agreement under this clause~~extent applicable) that delay.

Appears in 3 contracts

Samples: www.wa.gov.au, www.dplh.wa.gov.au, www.dplh.wa.gov.au

Preliminary Advice. The Preliminary Advice should provide sufficient information (without disclosing any Sensitive Heritage Information) to allow the Proponent to know whether to proceed or not with any Activities, with or without conditions. Upon receipt by the Proponent of the Preliminary Advice, and subject to any reasonable recommendations in the Preliminary Advice, the Proponent may commence the Activities described in the relevant Activity Program (except any Activities indicated in the Preliminary Advice as potentially resulting in a breach of the Aboriginal Heritage Act). Contents of Survey Report The Party contracting the Aboriginal Heritage Service Provider must ensure the following: that the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant will, in consultation with the Survey Team, prepare a Survey Report in accordance with the guidelines: in part 1 and part 2 of Schedule 6, where the Survey being conducted is a Site Avoidance Survey; or in part 1 and part 3 of Schedule 6, where the Survey is a Site Identification Survey. where the Proponent has requested in writing (whether in the Activity Notice or at any other time allowable under clause 12.2) that the Survey Report complies with the ~~DPLH~~ DAA Guidelines and the Proponent envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application, that the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant includes sufficient information in the Survey Report to assist: the ACMC in considering an Aboriginal Heritage Act Section 18 Application; or the Aboriginal Heritage Act Registrar in considering an Aboriginal Heritage Act Section 16 Application. that in addition to the matters described in Schedule 6, the Survey Report: describes which aspects (if any) of the Activity Program described in an Activity Notice, if carried out, would be likely to result in a breach of the Aboriginal Heritage Act; records sufficient information to enable the Proponent to plan and, subject to the law and this NSHA to comply with the Aboriginal Heritage Act in the course of undertaking the things that are the subject of the Activity Notice; and complies with the ~~DPLH~~ DAA Guidelines. Provision of Aboriginal Heritage Information to ~~DPLH~~ DAA Following the preparation of the Survey Report: if SWALSC is the Aboriginal Heritage Service Provider it must provide: or if SWALSC is not the Aboriginal Heritage Service Provider the Party contracting the Aboriginal Heritage Service Provider must ensure that the Aboriginal Heritage Service Provider provides, the following information to the Aboriginal Heritage Act Registrar: a copy of the Survey Report; and if Aboriginal Sites have been identified during the Survey, a Heritage Information Submission Form (as attached at Schedule 7, or as amended from time to time) with respect to each site. Provision of Survey Information to ~~DPLH~~ DAA If the Proponent contracted the Aboriginal Heritage Service Provider, the Proponent must, within 15 Business Days after the preparation of the Survey Report, provide to SWALSC, in writing, the details required by items 24 and 25 of Schedule 8. Subject to clause 12.6(a), following the preparation of the Survey Report SWALSC must ensure that the information set out in Schedule 8 is provided to the Aboriginal Heritage Act Registrar. Reliance on Survey Report The Parties each acknowledge that they may rely upon the contents of a Survey Report. Intellectual property Intellectual property of the Proponent to be assigned to SWALSC If the Proponent is contracting the Aboriginal Heritage Service Provider, the Proponent assigns all intellectual property rights it holds in the Survey Report to SWALSC upon its creation. Licence to use Survey Report Subject to clause 19, SWALSC shall grant to the Proponent an irrevocable, transferable, non exclusive, royalty-free licence to use any Survey Report for the purposes of the Proponent: conducting its Activities as set out in the Activity Notice; or seeking any necessary or desirable statutory approvals relevant to its Activities including under the Aboriginal Heritage Act; or enforcing, defending or establishing its rights, including through court proceedings, and complying with its obligations, under this NSHA or any relevant statutory approvals. Effect of NSHA on other Aboriginal Heritage Agreements If the Proponent: has entered into one or more Aboriginal Heritage Agreements (other than this NSHA) prior to the Effective Date (including ones entered into prior to the ILUA, and which is or are specified in item 5 of Schedule 2; and the pre-existing Aboriginal Heritage Agreement applies to an Activity to which this NSHA relates, then the provisions of this NSHA shall prevail over the provisions of any such pre-existing Aboriginal Heritage Agreement unless otherwise provided in item 6 of Schedule 2. Proponent must consult about Aboriginal Heritage Act applications The Proponent shall not lodge an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application in respect of any area within the Agreement Area without first giving SWALSC at least 30 Business Days’ notice of its intention to do so. The Proponent must consult, including by making reasonable efforts to meet with SWALSC, about any proposal that is the subject of such an Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application. Prior to the ACMC considering the Aboriginal Heritage Act Section 18 Application or the Aboriginal Heritage Act Registrar considering the Aboriginal Heritage Act Section 16 Application, as the case may be, the Proponent must give reasonable notice to the ACMC (or the Aboriginal Heritage Act Registrar as the case may be) and to the Aboriginal Heritage Service Provider of the detail of the consultation that has taken place. Subject to clause 15(a), nothing in this NSHA prevents the Proponent lodging an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application. Time limits Time for compliance and consequences of non-compliance The Parties, as applicable, must each meet the time limits imposed under the following provisions of this NSHA: the receipt by the Proponent of an Activity Notice Response (clause 8.3(a)); and subject to clauses 9.1(e) and 18.9, the reaching of the Survey Agreement Date within the Survey Agreement Period (clause 9.1(d)); and the commencement of fieldwork for a Survey (clause 10.2(a)) and the agreed date (if any) for completion of the fieldwork for a Survey (clauses 8.3(d)(iii)) or 9.7; and the receipt by the Proponent of the Preliminary Advice following completion of a Survey (clause 12.1(a)); and the receipt by SWALSC and by the Proponent of the draft Survey Report (clause 12.1(b)); the receipt by the Proponent of the final Survey Report (clause 12.1(c)). The time limits on the steps referred to in clause 16.1(a) may be extended by agreement in writing between the Parties. Any such agreed extension will apply only to a single Activity Program, unless expressly agreed otherwise in the written agreement under this clause.

Appears in 3 contracts

Samples: dmp.wa.gov.au, dmp.wa.gov.au, static1.squarespace.com

Appears in 2 contracts

Samples: www.wa.gov.au, dmp.wa.gov.au

Preliminary Advice. ~~The~~ A Preliminary Advice ~~should provide sufficient~~ shall include a summary of the results of the Survey with corresponding spatial information ~~(without disclosing any Sensitive Heritage Information)~~ as required and record at least the information referred to ~~allow the Proponent to know whether to proceed or not with any Activities, with or without conditions~~in clause 12.4(c)(i). Upon receipt by the Proponent of the Preliminary Advice, and subject to any reasonable recommendations in the Preliminary Advice, the Proponent may commence the Activities described in the relevant Activity Program (except any Activities indicated in the Preliminary Advice as potentially resulting in a breach of the Aboriginal Heritage Act). Contents of Survey Report The ~~Party contracting~~ Survey Report will record sufficient information to enable the Proponent to: plan and, subject to the law and this YPSHA, undertake the things that are the subject of the Activity Notice; and lodge an Aboriginal Heritage ~~Service Provider must ensure~~ Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application supported by all necessary information, where the ~~following: that~~ Parties have been made aware of the proposed application in accordance with clause 17. The Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) will, in consultation with the Survey Team, ~~prepare~~ be responsible for preparing a Survey ~~Report~~ Report: as per the requirements in ~~accordance with the guidelines: in part~~ Part 1 and ~~part~~ Part 2 of Schedule 6, where the Survey being conducted is a Site Avoidance Survey; or as per the requirements in ~~part~~ Part 1 and ~~part~~ Part 3 of Schedule 6, where the Survey is a Site Identification Survey. where the Proponent has requested in writing (whether in the Activity Notice or at any other time allowable under clause 12.2) that the Survey Report complies with the DPLH Guidelines and the Proponent envisages that it may wish to file an Aboriginal Heritage Act Section 18 Application or Aboriginal Heritage Act Section 16 Application, that the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant includes sufficient information in the Survey Report to assist: the ACMC in considering an Aboriginal Heritage Act Section 18 Application; or the Aboriginal Heritage Act Registrar in considering an Aboriginal Heritage Act Section 16 Application. that in In addition to the matters described in Schedule 6, the Survey ~~Report~~Report will: ~~describes~~ describe which aspects (if any) of the Activity Program described in an Activity Notice, if carried out, may result in impacts to Aboriginal Heritage Sites; describe which aspects (if any) of the Activity Program described in an Activity Notice, if carried out, would ~~be likely to result in a breach~~ benefit from the presence of Yamatji Monitors and the recommended number and/or gender of the ~~Aboriginal Heritage Act~~Yamatji Monitors; ~~records~~ and record sufficient information to enable the Government Proponent to plan and, subject to the law and this ~~NSHA to comply with the Aboriginal Heritage Act in the course of undertaking~~ YPSHA, undertake the things that are the subject of the Activity Notice~~; and complies with the DPLH Guidelines~~. ~~Provision of Aboriginal Heritage Information to DPLH Following the preparation of~~ If the Survey ~~Report: if SWALSC is the Aboriginal Heritage Service Provider it must provide: or if SWALSC is~~ Report includes a recommendation that Yamatji Monitors should be engaged with respect to Activity that does not the Aboriginal Heritage Service Provider the Party contracting the Aboriginal Heritage Service Provider must ensure that the Aboriginal Heritage Service Provider provides, the following information to the require an Aboriginal Heritage Act ~~Registrar: a copy of the Survey Report; and if Aboriginal Sites have been identified during the Survey, a Heritage Information Submission Form (as attached at Schedule 7,~~ Section 16 Application or ~~as amended from time to time) with respect to each site. Provision of Survey Information to DPLH If the Proponent contracted the~~ an Aboriginal Heritage ~~Service Provider~~Act Section 18 Application, the Proponent ~~must,~~ will contact the Corporation within 15 10 Business Days ~~after the preparation~~ of ~~the Survey Report, provide to SWALSC, in writing, the details required by items 24 and 25 of Schedule 8. Subject to clause 12.6(a), following the preparation~~ receipt of the Survey Report ~~SWALSC must ensure that~~ to discuss the ~~information set out in Schedule 8 is provided to the Aboriginal Heritage Act Registrar~~recommendation. Reliance on and use of Survey Report ~~The~~ While the Parties each acknowledge that they may rely upon the contents of a Survey Report, the following conditions apply to use of information about sites that do or likely constitute Aboriginal Sites arising from a Survey Report and/or Preliminary Advice (Site Information): Site Information, excluding any Sensitive Heritage Information, will be submitted in a Heritage Information Submission Form to DPLH and if the Site Information was obtained during a Site Avoidance Survey and the ACMC intends to rely on that Site Information for the purpose of assessing whether the relevant site is an Aboriginal Site, the Parties will: advise the ACMC that the Site Information contained within the Survey Report and/or Preliminary Advice is not a complete recording of that site; and recommend that the ACMC seek further information from the Corporation about this site prior to making such an assessment; if the Site Information was obtained during a Site Avoidance Survey, it cannot be used for the purpose of making an Aboriginal Heritage Section 16 Application or Aboriginal Heritage Act Section 18 Application; and if the Site Information was obtained during a Site Identification Survey, it may be used for the purpose of making an Aboriginal Heritage Section 16 Application or Aboriginal Heritage Act Section 18 Application in accordance with clause 17. Provision of Information to DPLH Within 15 Business Days of the completion of the Survey Report, the Corporation must provide the following information to DPLH and the Aboriginal Heritage Act Registrar: a copy of the Survey Report to DPLH; and if Aboriginal Sites have been identified during the Site Identification Survey that have not been previously recorded, or additional information is received about a previously recorded site, a Heritage Information Submission Form (accessible via the Heritage Department's website at xxx.xxxx.xx.xxx.xx) with respect to each site. Intellectual property Intellectual property of the ~~Proponent to be assigned to SWALSC If the Proponent is contracting the Aboriginal Heritage Service Provider, the Proponent assigns all~~ Traditional Owners All intellectual property rights ~~it holds~~ in the Survey Report ~~to SWALSC upon its creation~~vest absolutely and irrevocably in the Traditional Owners. Licence to use ~~Survey Report~~ intellectual property Subject to clause 1921, ~~SWALSC shall grant~~ the Corporation pursuant to the ILUA on behalf of the Traditional Owners, grants to the Proponent an irrevocable, transferable, ~~non~~ non-exclusive, unrestricted, royalty-free licence to ~~use~~ utilise any Survey Report for the purposes of the Proponent: conducting its ~~Activities as set out in the Activity Notice~~Activities; or seeking any necessary or desirable statutory approvals ~~relevant to its Activities~~ or pursuing any rights under law, including under the Aboriginal Heritage Act; ~~or enforcing, defending or establishing~~ and enforcing its rights~~, including through court proceedings~~, and complying with its obligations, under this ~~NSHA~~ YPSHA. Identification and Relocation of Ancestral Remains or ~~any~~ Objects Where, as a result of an Activity, the Proponent uncovers skeletal remains or identifies an area or object which it reasonably suspects of being an Aboriginal Site or Aboriginal Object, the Proponent will: cease all such operations and activities in the immediate vicinity of such remains, area or objects; immediately notify the DPLH and other relevant authorities in accordance with the Aboriginal Heritage Act and other applicable statutory ~~approvals~~law; and notify the Corporation of the findings and, subject to other statutory requirements, meet on site where the Parties will discuss in good faith a culturally appropriate method of managing the discovery and how to deal with it in accordance with the provisions of the Aboriginal Heritage Act or other applicable statutory law. For the avoidance of doubt, and subject to other statutory requirements, the Activity may continue in areas which are not in the immediate vicinity of the suspected skeletal remains or suspected Aboriginal Site or Aboriginal Object. Effect of ~~NSHA~~ YPSHA on other Aboriginal Heritage Agreements If the Proponent: has ~~entered into~~ one or more Aboriginal Heritage Agreements (other than this ~~NSHA~~YPSHA) with the Corporation or any of its Members, which were entered into prior to the Effective Date (including ones entered into prior to the ILUA, and which is or are specified in item 5 of Schedule 2; and the pre-existing Aboriginal Heritage Agreement applies to an Activity to which this ~~NSHA~~ YPSHA relates, then the provisions of this ~~NSHA~~ YPSHA shall prevail over the provisions of any such pre-existing Aboriginal Heritage Agreement unless otherwise provided in item 6 of Schedule 2. Environmental protection In co-operation with the Corporation, the Proponent agrees to rehabilitate the Aboriginal Heritage Area as a result of their Activities as required by law. Consultation about Aboriginal Heritage Act applications Proponent must consult about Aboriginal Heritage Act applications ~~The~~ Subject to the provisions of this clause 17.1, each Party acknowledges the benefit of the Corporation being consulted about a proposal by a Proponent to lodge an Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application in respect of any area within the Aboriginal Heritage Area. Unless otherwise agreed between the Parties, the Proponent shall not lodge an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application ~~in respect of any area within the Agreement Area~~ without first giving ~~SWALSC at least 30 Business Days’~~ the Corporation prior written notice of its intention to do soso (Notice of Application) and arranging for consultation in accordance with clauses 17.1(c) and (d). ~~The~~ If the Proponent gives the Corporation a Notice of Application under clause 17.1(b): the Corporation must, if it wishes to proceed to consultation under clause 17.1(d), within 15 Business Days of receiving the Notice of Application, give to the Proponent a written notice stating that the Corporation would like to proceed to consultation (Notice to Consult); or if the Corporation does not give a Notice to Consult to the Proponent within the time period specified in clause 17.1(c)(i), the Proponent may lodge the Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application (as the case may be) the subject of the Notice of Application without further consultation with the Corporation under this clause 17.1. If the Proponent receives a Notice to Consult within the period specified in clause 17.1(c)(i), the Proponent must ~~consult,~~ consult with the Corporation for a minimum of 35 Business Days immediately after receipt of such Notice to Consult including by making reasonable efforts to meet with ~~SWALSC~~the Corporation, about ~~any~~ the proposal ~~that~~ which is the subject of ~~such~~ the Notice of Application, with a view to agreeing: where appropriate, that the proposal is not likely to impact Aboriginal Sites or Aboriginal Objects; or ways to avoid the need to lodge the Aboriginal Heritage Act Section 16 Application or the Aboriginal Heritage Act Section 18 Application (as the case may be); or where the Proponent considers that agreement under clause 17.1(d)(ii) above is not likely, ways to minimise and mitigate the impact of an authorisation under section 16 of the Aboriginal Heritage Act or consent under section 18 of the Aboriginal Heritage Act, as the case may be (including through salvage or relocation of Aboriginal Sites or Aboriginal Objects). Yamatji Monitors Where a Survey Report recommends that Yamatji Monitors be engaged, the Proponent shall note in any Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application~~. Prior to~~ : that the ~~ACMC considering~~ survey report recommends that Yamatji Monitors be engaged, in consultation with the Corporation, for any excavation, removal or other works that may be approved by the Registrar under section 16 of the Aboriginal Heritage Act ~~Section~~ or the Minister under section 18 ~~Application or~~ of the Aboriginal Heritage ~~Act Registrar considering the Aboriginal Heritage Act Section 16 Application, as the case may be,~~ Act; and whether the Proponent ~~must give reasonable notice to~~ supports this recommendation and, if so, what the ~~ACMC~~ terms of any proposed condition could be (or the ~~Aboriginal Heritage Act Registrar as~~ Proposed Condition). The Proponent shall be responsible for the ~~case may be) and to the Aboriginal Heritage Service Provider~~ terms of ~~the detail of the consultation that has taken place. Subject to clause 15(a), nothing~~ any Proposed Condition in ~~this NSHA prevents the Proponent lodging an~~ any Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 ~~Application~~Application and may, without limitation, specify the number of Yamatji Monitors to be engaged and whether the Yamatji Monitors are to be present for some or all of the time in which any excavation, removal or other works that may be approved by the Registrar under section 16 of the Aboriginal Heritage Act or the Minister under section 18 of the Aboriginal Heritage Act are being undertaken. ~~Time limits Time for compliance and consequences~~ Justifiable delay A delay caused by an event of ~~non-compliance The Parties, as applicable, must each meet~~ Force Majeure or Yamatji Cultural Business notified under clause 26 will be excluded from the time limits imposed under the following provisions of this NSHA: the receipt by the Proponent of an Activity Notice Response (clause 8.3(a)); and subject to clauses 9.1(e) and 18.9, the reaching of the Survey Agreement Date within the Survey Agreement Period (clause 9.1(d)); and the commencement of fieldwork for a Survey (clause 10.2(a)) and the agreed date (if any) for completion of the fieldwork for a Survey (clauses 8.3(d)(iii)) or 9.7; and the receipt by the Proponent of the Preliminary Advice following completion of a Survey (clause 12.1(a)); and the receipt by SWALSC and by the Proponent of the draft Survey Report (clause 12.1(b)); the receipt by the Proponent of the final Survey Report (clause 12.1(c)). The time limits on the steps referred to in clause ~~16.1(a~~17.1. A Party asserting the existence of a delay to which clause 17.3(a) ~~may be extended by agreement in writing between~~ applies must advise the ~~Parties. Any such agreed extension will apply only~~ other Party of that delay and take reasonable steps to ~~a single Activity Program, unless expressly agreed otherwise in~~ mitigate (to the ~~written agreement under this clause~~extent applicable) that delay.

Appears in 2 contracts

Samples: www.wa.gov.au, www.dmp.wa.gov.au

Preliminary Advice. The Preliminary Advice should provide sufficient information (without disclosing any Sensitive Heritage Information) to allow the ~~Proponent~~ Local Government to know whether to proceed or not with any Activities, with or without conditions. Upon receipt by the ~~Proponent~~ Local Government of the Preliminary Advice, and subject to any reasonable recommendations in the Preliminary Advice, the ~~Proponent~~ Local Government may commence the Activities described in the relevant Activity Program (except any Activities indicated in the Preliminary Advice as potentially resulting in a breach of the Aboriginal Heritage Act). Contents of Survey Report The Party contracting the Aboriginal Heritage Service Provider must ensure the following: that the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant will, in consultation with the Survey Team, prepare a Survey Report in accordance with the guidelines: in part 1 and part 2 of Schedule 6, where the Survey being conducted is a Site Avoidance Survey; or in part 1 and part 3 of Schedule 6, where the Survey is a Site Identification Survey. where the ~~Proponent~~ Local Government has requested in writing (whether in the Activity Notice or at any other time allowable under clause 12.2) that the Survey Report complies with the DPLH Guidelines and 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, that the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant includes sufficient information in the Survey Report to assist: the ACMC in considering an Aboriginal Heritage Act Section 18 Application; or the Aboriginal Heritage Act Registrar in considering an Aboriginal Heritage Act Section 16 Application. that in addition to the matters described in Schedule 6, the Survey Report: describes which aspects (if any) of the Activity Program described in an Activity Notice, if carried out, would be likely to result in a breach of the Aboriginal Heritage Act; records sufficient information to enable the ~~Proponent~~ Local Government to plan and, subject to the law and this ~~NSHA~~ NHALG to comply with the Aboriginal Heritage Act in the course of undertaking the things that are the subject of the Activity Notice; and complies with the DPLH Guidelines. Provision of Aboriginal Heritage Information to DPLH Following the preparation of the Survey Report: if SWALSC is the Aboriginal Heritage Service Provider it must provide: or if SWALSC is not the Aboriginal Heritage Service Provider the Party contracting the Aboriginal Heritage Service Provider must ensure that the Aboriginal Heritage Service Provider provides, the following information to the Aboriginal Heritage Act Registrar: a copy of the Survey Report; and if Aboriginal Sites have been identified during the Survey, a Heritage Information Submission Form (as attached at Schedule 7, or as amended from time to time) with respect to each site. Provision of Survey Information to DPLH If the ~~Proponent~~ Local Government contracted the Aboriginal Heritage Service Provider, the ~~Proponent~~ Local Government must, within 15 Business Days after the preparation of the Survey Report, provide to SWALSC, in writing, the details required by items 24 and 25 of Schedule 8. Subject to clause 12.6(a), following the preparation of the Survey Report SWALSC must ensure that the information set out in Schedule 8 is provided to the Aboriginal Heritage Act Registrar. Reliance on Survey Report The Parties each acknowledge that they may rely upon the contents of a Survey Report. Intellectual property Intellectual property of the ~~Proponent~~ Local Government to be assigned to SWALSC If the ~~Proponent~~ Local Government is contracting the Aboriginal Heritage Service Provider, the ~~Proponent~~ Local Government assigns all intellectual property rights it holds in the Survey Report to SWALSC upon its creation. Licence to use Survey Report Subject to clause 19, SWALSC shall grant to the ~~Proponent~~ Local Government an irrevocable, transferable, non exclusive, royalty-free licence to use any Survey Report for the purposes of the ~~Proponent~~ProponentLocal Government: conducting its Activities as set out in the Activity Notice; or seeking any necessary or desirable statutory approvals relevant to its Activities including under the Aboriginal Heritage Act; or enforcing, defending or establishing its rights, including through court proceedings, and complying with its obligations, under this ~~NSHA~~ NHALG or any relevant statutory approvals. Effect of ~~NSHA~~ NHALG on other Aboriginal Heritage Agreements If the ~~Proponent~~ProponentLocal Government: has entered into one or more Aboriginal Heritage Agreements (other than this ~~NSHA~~NHALG) prior to the Effective Date (including ones entered into prior to the ILUA, and which is or are specified in item 5 of Schedule 2; and the pre-existing Aboriginal Heritage Agreement applies to an Activity to which this ~~NSHA~~ NHALG relates, then the provisions of this ~~NSHA~~ NHALG shall prevail over the provisions of any such pre-existing Aboriginal Heritage Agreement unless otherwise provided in item 6 of Schedule 2. ~~Proponent~~ Local Government must consult about Aboriginal Heritage Act applications The ~~Proponent~~ Local Government shall not lodge an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application in respect of any area within the Agreement Area without first giving SWALSC at least 30 Business Days’ notice of its intention to do so. The ~~Proponent~~ Local Government must consult, including by making reasonable efforts to meet with SWALSC, about any proposal that is the subject of such an Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application. Prior to the ACMC considering the Aboriginal Heritage Act Section 18 Application or the Aboriginal Heritage Act Registrar considering the Aboriginal Heritage Act Section 16 Application, as the case may be, the ~~Proponent~~ Local Government must give reasonable notice to the ACMC (or the Aboriginal Heritage Act Registrar as the case may be) and to the Aboriginal Heritage Service Provider of the detail of the consultation that has taken place. Subject to clause 15(a), nothing in this ~~NSHA~~ NHALG prevents the ~~Proponent~~ Local Government lodging an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application. Time limits Time for compliance and consequences of non-compliance The Parties, as applicable, must each meet the time limits imposed under the following provisions of this ~~NSHA~~NHALG: the receipt by the ~~Proponent~~ Local Government of an Activity Notice Response (clause 8.3(a)); and subject to clauses 9.1(e) and 18.9, the reaching of the Survey Agreement Date within the Survey Agreement Period (clause 9.1(d)); and the commencement of fieldwork for a Survey (clause 10.2(a)) and the agreed date (if any) for completion of the fieldwork for a Survey (clauses 8.3(d)(iii)) or 9.7; and the receipt by the ~~Proponent~~ Local Government of the Preliminary Advice following completion of a Survey (clause 12.1(a)); and the receipt by SWALSC and by the ~~Proponent~~ Local Government of the draft Survey Report (clause 12.1(b)); the receipt by the ~~Proponent~~ Local Government of the final Survey Report (clause 12.1(c)). The time limits on the steps referred to in clause 16.1(a) may be extended by agreement in writing between the Parties. Any such agreed extension will apply only to a single Activity Program, unless expressly agreed otherwise in the written agreement under this clause.

Appears in 1 contract

Samples: walga.asn.au

Common use of Preliminary Advice Clause in Contracts