Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If SWALSC is contracting an Aboriginal Heritage Service Provider, and SWALSC’s Activity Notice Response does not identify SWALSC’s nominated Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) the Principal Aboriginal Heritage Consultant, then SWALSC will advise the Proponent of these nominations during the Survey Agreement Period. The Parties acknowledge that, if SWALSC is contracting an Aboriginal Heritage Service Provider, the Proponent will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage Consultant (if different), subject however to the rights of the Proponent under clause 16.1(e) in the event of delays. If the Proponent or SWALSC has reasonable concerns about the expense, competence or impartiality of the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be) to be contracted by SWALSC or the Proponent (as the case may be), it may request the other Party to consider another anthropologist, archaeologist or appropriately qualified professional to act as Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be). If the Parties cannot reach agreement on the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be) to be contracted by SWALSC or the Proponent within the Survey Agreement Period, then in addition to and without limiting the Proponent's general rights under clause 16.1(e), SWALSC or the Proponent (whichever is the non-contracting party) may nominate an alternative proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant and the other Party shall promptly respond to any such nomination and shall ensure that it does not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be). Estimate of time for Survey commencement or completion If following the Activity Notice Response and where SWALSC is contracting the Aboriginal Heritage Service Provider the Parties are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, the Parties shall agree on such date or dates. Survey Team and commencement of Survey Survey team As soon as possible after the Survey Agreement Date, and where either SWALSC or the Proponent is contracting the Aboriginal Heritage Service Provider, the Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant if appointed, after receiving names and contact details of the Aboriginal Consultants from SWALSC in accordance with 8.3(d)(vii), will organise a Survey Team (Survey Team), which shall consist of: up to 8 Aboriginal Consultants, with appropriate experience and authority, as are necessary, in the opinion of the Aboriginal Heritage Service Provider in consultation with SWALSC, to examine the Survey Area and assist in the Survey; and if considered necessary by the Aboriginal Heritage Service Provider and agreed to by the Parties, an Aboriginal Heritage Liaison Officer, who will be responsible for Survey logistics and on-ground operations; and where considered necessary by the Aboriginal Heritage Consultants, SWALSC or the Aboriginal Heritage Service Provider, and agreed to by the Parties, another anthropologist of a specific gender; and where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider and agreed to by the Parties, including during the course of the Survey, an archaeologist. Where considered necessary by the Aboriginal Heritage Service Provider and agreed to by SWALSC and the Proponent, more than one archaeologist may be appointed to the Survey Team. The number of paid Aboriginal Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have authority to speak for those Aboriginal Sites and should be consulted about them is greater than 8; and/or the Survey Area crosses the boundary of the Agreement Area and one or more Related Agreement Areas. In these circumstances the Proponent and SWALSC must agree on the number of additional Aboriginal Consultants for the Survey Team. Additional Aboriginal Consultants may accompany the Survey Team but the Proponent will not be liable for additional costs. The Proponent may send one or two nominees with appropriate authority on the Survey to assist the Survey Team conducting the Survey with provision of information and requests where required. Commencement and conduct of Survey If SWALSC is contracting the Aboriginal Heritage Service Provider, SWALSC will use its, and must ensure that the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses its best endeavours to commence the Survey within the time agreed by the Parties, or in the absence of agreement within 30 Business Days after the Survey Agreement Date unless clauses 11(c) and 18.9 apply, in which case the time for commencement of the Survey will be extended in accordance with the timeframes set out in the relevant clauses if the Dispute is resolved. SWALSC and/or the Proponent (depending upon which is contracting the Aboriginal Heritage Service Provider) will ensure that the Survey Team observes and complies with any safety and other procedures and policies implemented from time to time by the Proponent over the Survey Area. The Proponent will provide SWALSC with details of and explain these procedures and policies in order for SWALSC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The Proponent will also provide members of the Survey Team (and any other attending members of the Agreement Group) with protective clothing and equipment if reasonably necessary in all the circumstances. To the extent that the Proponent has control of the Survey Area, the Proponent shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. SWALSC acknowledges that the members of the Survey Team are not employees of the Proponent, and that the Proponent is not required to have insurance in place for the protection of Survey Team members. The onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team. The Survey Team will as appropriate in the circumstances: visit the Survey Area; and identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service Provider, or any other heritage consultant accompanying the Survey Team, to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; and record relevant Aboriginal Site information or, in the case of a Site Avoidance Survey, the area to be avoided, on a Heritage Information Submission Form; and xxxx the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; and make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to Aboriginal Heritage concerns raised by the Aboriginal Consultants, the representatives of the Proponent nominated under clause 10.1(e): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage Information or other information pertaining to Aboriginal Sites; and may make modifications to the Activity Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The Proponent shall pay the costs and expenses of the Survey at the rates set out in Schedule 5. The Proponent agrees to pay 100% of the approved Estimated Survey Costs to SWALSC: within 10 Business Days before the commencement of the Survey, or within 10 Business Days after the approval of the Estimated Survey Costs under clause 9.5(b), whichever is the earlier (the Relevant Period). If the Proponent fails to pay the Estimated Survey Costs within the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or after the first Business Day following the end of the Relevant Period. The monies constituting the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment of the Estimated Survey Costs and any repayment to the Proponent under clause 11(e) or 11(g). If the Survey is cancelled by the Proponent before it is completed, the part of the Estimated Survey Costs that has been expended and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the Proponent. SWALSC must provide a tax invoice of the Survey costs to the Proponent that reconciles the Estimated Survey Costs with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by the chief executive officer of SWALSC or their delegate. If the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the Proponent. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the Proponent shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. If the Proponent receives notification of revised costs from SWALSC under clause 12.2(b), the Proponent will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the Proponent. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) above. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) if either the Proponent or SWALSC is contracting the Aboriginal Heritage Service Provider, the Proponent or SWALSC, as the case may be, will ensure that Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant provides the Parties with: Preliminary Advice (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event to SWALSC within 5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the Proponent within 12 Business Days after the Last Fieldwork Day;

Appears in 18 contracts

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

Appears in 8 contracts

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

Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If ~~SWALSC~~ the RC is contracting an Aboriginal Heritage Service Provider, and ~~SWALSC~~the RC’s Activity Notice Response does not identify ~~SWALSC~~the RC’s nominated Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) the Principal Aboriginal Heritage Consultant, then ~~SWALSC~~ the RC will advise the Proponent of these nominations during the Survey Agreement Period. The Parties acknowledge that, if ~~SWALSC~~ the RC is contracting an Aboriginal Heritage Service Provider, the Proponent will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage Consultant (if different), subject however to the rights of the Proponent under clause 16.1(e) in the event of delays. If the Proponent or ~~SWALSC~~ the RC has reasonable concerns about the expense, competence or impartiality of the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be) to be contracted by ~~SWALSC~~ the RC or the Proponent (as the case may be), it may request the other Party to consider another anthropologist, archaeologist or appropriately qualified professional to act as Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be). If the Parties cannot reach agreement on the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be) to be contracted by ~~SWALSC~~ the RC or the Proponent within the Survey Agreement Period, then in addition to and without limiting the Proponent's general rights under clause 16.1(e), ~~SWALSC~~ the RC or the Proponent (whichever is the non-contracting party) may nominate an alternative proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant and the other Party shall promptly respond to any such nomination and shall ensure that it does not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be). Estimate of time for Survey commencement or completion If following the Activity Notice Response and where ~~SWALSC~~ the RC is contracting the Aboriginal Heritage Service Provider the Parties are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, the Parties shall agree on such date or dates. Survey Team and commencement of Survey Survey team As soon as possible after the Survey Agreement Date, and where either SWALSC or the Proponent is contracting the Aboriginal Heritage Service Provider, the Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant if appointed, after receiving names and contact details of the Aboriginal Consultants from SWALSC in accordance with 8.3(d)(vii), will organise a Survey Team (Survey Team), which shall consist of: up to 8 Aboriginal Consultants, with appropriate experience and authority, as are necessary, in the opinion of the Aboriginal Heritage Service Provider in consultation with SWALSC, to examine the Survey Area and assist in the Survey; and if considered necessary by the Aboriginal Heritage Service Provider and agreed to by the Parties, an Aboriginal Heritage Liaison Officer, who will be responsible for Survey logistics and on-ground operations; and where considered necessary by the Aboriginal Heritage Consultants, SWALSC or the Aboriginal Heritage Service Provider, and agreed to by the Parties, another anthropologist of a specific gender; and where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider and agreed to by the Parties, including during the course of the Survey, an archaeologist. Where considered necessary by the Aboriginal Heritage Service Provider and agreed to by SWALSC and the Proponent, more than one archaeologist may be appointed to the Survey Team. The number of paid Aboriginal Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have authority to speak for those Aboriginal Sites and should be consulted about them is greater than 8; and/or the Survey Area crosses the boundary of the Agreement Area and one or more Related Agreement Areas. In these circumstances the Proponent and SWALSC must agree on the number of additional Aboriginal Consultants for the Survey Team. Additional Aboriginal Consultants may accompany the Survey Team but the Proponent will not be liable for additional costs. The Proponent may send one or two nominees with appropriate authority on the Survey to assist the Survey Team conducting the Survey with provision of information and requests where required. Commencement and conduct of Survey If SWALSC is contracting the Aboriginal Heritage Service Provider, SWALSC will use its, and must ensure that the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses its best endeavours to commence the Survey within the time agreed by the Parties, or in the absence of agreement within 30 Business Days after the Survey Agreement Date unless clauses 11(c) and 18.9 apply, in which case the time for commencement of the Survey will be extended in accordance with the timeframes set out in the relevant clauses if the Dispute is resolved. SWALSC and/or the Proponent (depending upon which is contracting the Aboriginal Heritage Service Provider) will ensure that the Survey Team observes and complies with any safety and other procedures and policies implemented from time to time by the Proponent over the Survey Area. The Proponent will provide SWALSC with details of and explain these procedures and policies in order for SWALSC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The Proponent will also provide members of the Survey Team (and any other attending members of the Agreement Group) with protective clothing and equipment if reasonably necessary in all the circumstances. To the extent that the Proponent has control of the Survey Area, the Proponent shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. SWALSC acknowledges that the members of the Survey Team are not employees of the Proponent, and that the Proponent is not required to have insurance in place for the protection of Survey Team members. The onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team. The Survey Team will as appropriate in the circumstances: visit the Survey Area; and identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service Provider, or any other heritage consultant accompanying the Survey Team, to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; and record relevant Aboriginal Site information or, in the case of a Site Avoidance Survey, the area to be avoided, on a Heritage Information Submission Form; and xxxx the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; and make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to Aboriginal Heritage concerns raised by the Aboriginal Consultants, the representatives of the Proponent nominated under clause 10.1(e): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage Information or other information pertaining to Aboriginal Sites; and may make modifications to the Activity Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The Proponent shall pay the costs and expenses of the Survey at the rates set out in Schedule 5. The Proponent agrees to pay 100% of the approved Estimated Survey Costs to SWALSC: within 10 Business Days before the commencement of the Survey, or within 10 Business Days after the approval of the Estimated Survey Costs under clause 9.5(b), whichever is the earlier (the Relevant Period). If the Proponent fails to pay the Estimated Survey Costs within the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or after the first Business Day following the end of the Relevant Period. The monies constituting the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment of the Estimated Survey Costs and any repayment to the Proponent under clause 11(e) or 11(g). If the Survey is cancelled by the Proponent before it is completed, the part of the Estimated Survey Costs that has been expended and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the Proponent. SWALSC must provide a tax invoice of the Survey costs to the Proponent that reconciles the Estimated Survey Costs with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by the chief executive officer of SWALSC or their delegate. If the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the Proponent. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the Proponent shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. If the Proponent receives notification of revised costs from SWALSC under clause 12.2(b), the Proponent will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the Proponent. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) above. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) if either the Proponent or SWALSC is contracting the Aboriginal Heritage Service Provider, the Proponent or SWALSC, as the case may be, will ensure that Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant provides the Parties with: Preliminary Advice (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event to SWALSC within 5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the Proponent within 12 Business Days after the Last Fieldwork Day;.

Appears in 7 contracts

Samples: Heritage Agreement, Heritage Agreement, Heritage Agreement

Appears in 6 contracts

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

Appears in 5 contracts

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

Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If ~~SWALSC is contracting an Aboriginal Heritage Service Provider, and SWALSC’s~~ the Corporation's Activity Notice Response does not identify ~~SWALSC’s nominated~~ the Corporation's proposed Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) ~~the~~ Principal Aboriginal Heritage Consultant, then ~~SWALSC~~ the Corporation will advise the Government Proponent of these nominations during the Survey Agreement Period. ~~The~~ Subject to clause 9.6(c), the Parties acknowledge ~~that, if SWALSC is contracting an Aboriginal Heritage Service Provider,~~ that the Government Proponent will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage ~~Consultant (if different)~~Consultant, subject however to the rights of the Government Proponent under clause ~~16.1(e~~6.1(f)(i) in the event of delays. The Government Proponent shall not unreasonably refuse to accept the Corporation's nomination of an Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant. If the Government Proponent ~~or SWALSC~~ has reasonable concerns about the expense, competence or ~~impartiality~~ professionalism of the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted~~ nominated by ~~SWALSC or~~ the ~~Proponent (as the case may be)~~Corporation, it may request the ~~other Party~~ Corporation to consider another anthropologist, archaeologist or appropriately qualified professional to act as Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). If the ~~Parties~~ Corporation and the Government Proponent cannot reach agreement on the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted by SWALSC or the Proponent~~ within the Survey Agreement Period, then in addition to and without limiting ~~the Proponent's~~ its general rights under clause ~~16.1(e~~6.1(f)(ii), ~~SWALSC or~~ the Government Proponent ~~(whichever is the non-contracting party)~~ may nominate ~~an alternative~~ a proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and the ~~other Party~~ Corporation shall ~~promptly~~ respond to any such nomination within 10 Business Days and shall ~~ensure that it does~~ not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). Estimate of time for Survey commencement or completion If following the Activity Notice Response the Corporation and ~~where SWALSC is contracting~~ the ~~Aboriginal Heritage Service Provider the Parties~~ Government Proponent are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, ~~the Parties~~ they shall agree on such date or dates. Survey Team and commencement of Survey Survey team As soon as possible after the Survey Agreement Date, ~~and where either SWALSC or~~ the ~~Proponent is contracting the Aboriginal Heritage Service Provider, the~~ Corporation's nominated Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant (if appointed~~, after receiving names and contact details of the Aboriginal Consultants from SWALSC in accordance with 8.3(d)(vii~~), will organise a Survey ~~Team (Survey~~ Team), which shall consist of: up to 8 6 Yamatji Consultants who, in the opinion of the Corporation in consultation with the Aboriginal ~~Consultants~~Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be), ~~with~~ equitably represent the Traditional Owners and have appropriate knowledge, experience and authority, as are ~~necessary, in the opinion of the Aboriginal Heritage Service Provider in consultation with SWALSC,~~ necessary to examine the Survey Area and assist in the Survey; ~~and~~ if considered necessary by the Corporation and supported by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the ~~Parties~~Government Proponent, an Aboriginal ~~Heritage~~ Liaison Officer, who will be responsible for Survey logistics and on-ground operations; ~~and~~ where considered necessary by the ~~Aboriginal Heritage Consultants, SWALSC or~~ Corporation and supported by the Aboriginal Heritage Service ~~Provider~~Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the ~~Parties~~Government Proponent, another anthropologist of a specific gender; and subject to clause 10.1(b), where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the ~~Parties~~Corporation and the Government Proponent, including during the course of the Survey, an ~~archaeologist~~archaeologist or an anthropologist as the case may be. Where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by ~~SWALSC~~ the Corporation and the Government Proponent, more than one archaeologist may be appointed to the Survey Team. The number of paid ~~Aboriginal~~ Yamatji Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have knowledge and authority to speak for those Aboriginal Sites and should be consulted about them is greater than 8; and/or the Survey Area ~~crosses the boundary~~ encompasses more than one area of cultural authority within the Agreement ~~Area and one or more Related Agreement Areas~~Area. In these circumstances the Government Proponent and ~~SWALSC~~ the Corporation must agree on the number of additional ~~Aboriginal~~ Yamatji Consultants for the Survey Team. Additional ~~Aboriginal~~ Yamatji Consultants may accompany the Survey Team but the Government Proponent will not be liable for additional costs. The Government Proponent may send one or two nominees with ~~appropriate~~ relevant qualifications and authority on the Survey to assist the Survey Team conducting the Survey with ~~provision of~~ information and ~~requests~~ direction where required. Commencement and conduct of Survey ~~If SWALSC is contracting~~ Subject to clause 11.1(b), the ~~Aboriginal Heritage Service Provider, SWALSC~~ Corporation will use its, and must ensure ~~that~~ the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses ~~its~~ its, best endeavours to commence the Survey within the time agreed by the ~~Parties~~Corporation and the Government Proponent, or in the absence of ~~agreement~~ such agreement, within 30 35 Business Days after the Survey Agreement ~~Date unless clauses 11(c) and 18.9 apply, in which case the time for commencement~~ Date. The Government Proponent will provide to members of the Survey ~~will be extended in accordance with the timeframes set out in the relevant clauses if the Dispute is resolved. SWALSC and/or the Proponent~~ Team (~~depending upon which is contracting the Aboriginal Heritage Service Provider~~and any other attending Traditional Owners) ~~will ensure that~~ before the Survey ~~Team observes~~ commences: details and ~~complies with~~ explanation of any safety and other procedures and policies implemented from time to time by the Government Proponent over the Survey Area~~. The Proponent will provide SWALSC with details of~~ , including any procedures in relation to extreme heat events including temperatures over 40 degrees Celsius; and explain these procedures and policies in order for SWALSC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The Proponent will also provide members of the Survey Team (and any other attending members of the Agreement Group) with protective clothing and equipment if reasonably necessary in all the circumstances. ~~To the extent~~ The Parties acknowledge that the Proponent has control of the Survey Area, the Proponent shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. SWALSC acknowledges that the members of the Survey Team are not employees of the Proponent, and that the Government Proponent is not required to have insurance in place for the protection of Survey Team members. The ~~onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team. The~~ Survey Team will as appropriate in the circumstances: visit the Survey Area; ~~and~~ identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service ~~Provider,~~ Provider or ~~any other heritage consultant accompanying~~ Principal Aboriginal Heritage Consultant (as the ~~Survey Team~~case may be), to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; ~~and~~ in the case of a Site Identification Survey, record relevant Aboriginal Site information ~~or,~~ for the purposes of completing and submitting a Heritage Information Submission Form (accessible via the Heritage Department's website at xxx.xxxx.xx.xxx.xx); in the case of a Site Avoidance Survey, record the area to be ~~avoided~~avoided and why it could reasonably be suspected to be a site to which the AHA applies, on but not for the purposes of completing and submitting a Heritage Information Submission ~~Form~~Form (accessible via the Heritage Department's website at xxx.xxxx.xx.xxx.xx) unless the Traditional Owners so agree; ~~and~~ xxxx the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; ~~and~~ make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; when an Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application is to be lodged, record sufficient information to address DPLH's requirements for such an application (including the information referred to in clause 10.2(d)(iii)(B) and (C), as applicable); and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to ~~Aboriginal Heritage~~ concerns raised by the Yamatji Consultants about an Aboriginal ~~Consultants~~Site or an Aboriginal Object, the representatives of the Government Proponent nominated under clause 10.1(e): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage ~~Information or other information pertaining to Aboriginal Sites~~Information; and may make modifications to the Activity ~~Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology~~Program. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The Government Proponent shall pay the costs and expenses of the Survey at the rates set out in Schedule 5. The Government Proponent agrees to pay ~~100~~50% of the ~~approved~~ Estimated Survey Costs ~~to SWALSC: within 10 Business Days before~~ in advance of the commencement of the Survey~~, or~~ . If the Government Proponent does not pay that component of the costs referred to in clause 11(a) within 10 the period of 20 Business Days after the ~~approval~~ Survey Agreement Date (or by such earlier date agreed for the commencement of the ~~Estimated~~ Survey ~~Costs under clause 9.5(b)~~as may be applicable) and in any event no later than 48 hours before the Survey commences, ~~whichever is~~ the ~~earlier (~~Corporation may, at its discretion, advise the ~~Relevant Period). If~~ Government Proponent by notice in writing that: the Survey cannot commence until payment has been made; and notwithstanding any other provisions of this GSHA: the date on which that payment will be deemed to be the new Survey Agreement Date; the date for commencement of the Survey will be 30 Business Days after the new Survey Agreement Date, unless otherwise agreed between the Parties; and if the dates have been agreed for the completion of the fieldwork for a Survey or the Survey Report, such dates are to be altered to reflect the delayed date for commencement of the Survey arising from the operation of this clause, unless otherwise agreed between the Parties, provided that if the Government Proponent fails to ~~pay the Estimated Survey Costs~~ make payment within ~~the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or~~ 14 Business Days after ~~the first Business Day following the end~~ receipt of the ~~Relevant Period. The monies constituting~~ notice under this clause, the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment default provisions of ~~the Estimated Survey Costs and any repayment to the Proponent under~~ clause ~~11(e) or 11(g)~~18 will apply. If the Survey is cancelled by the Government Proponent before it is completed, the part of the ~~Estimated Survey Costs~~ administration fee that has been ~~expended~~ advanced and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the Government Proponent. ~~SWALSC~~ The monies constituting the Estimated Survey Costs must be: held by the Corporation in an account in the Corporation's name; and used only for the payment of the Estimated Survey Costs and any repayment to the Proponent under clause 11(e). The balance of the Estimated Survey Costs will be paid within 21 days after receipt of the Survey Report by the Government Proponent. The Corporation must provide a tax invoice of the Estimated Survey ~~costs to the Proponent~~ Costs that reconciles the ~~Estimated Survey Costs~~ costs estimated, and any costs advanced under clause 11.1(b), with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by ~~the chief executive~~ an authorised officer of ~~SWALSC or their delegate. If~~ the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the Proponent. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the Proponent shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. If the Proponent receives notification of revised costs from SWALSC under clause 12.2(b), the Proponent will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the Proponent. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) aboveCorporation. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) if either the Proponent or SWALSC is contracting the Aboriginal Heritage Service Provider, the Proponent or SWALSC, as the case may be, will ensure that Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant provides the Parties with: Preliminary Advice (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event to SWALSC within 5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the Proponent within 12 Business Days after the Last Fieldwork Day;Report

Appears in 2 contracts

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

Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If ~~SWALSC is contracting an Aboriginal Heritage Service Provider, and SWALSC~~the PBC’s Activity Notice Response does not identify ~~SWALSC~~the Native Title Group’s nominated Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) ~~the~~ Principal Aboriginal Heritage Consultant, then ~~SWALSC~~ the PBC will advise the Proponent of these nominations during the Survey Agreement Period. ~~The~~ Subject to clause 9.6(c), the Parties acknowledge ~~that, if SWALSC is contracting an Aboriginal Heritage Service Provider,~~ that the Proponent will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage ~~Consultant (if different)~~Consultant, subject however to the rights of the Proponent under clause ~~16.1(e~~6.1(f)(iii) in the event of delays. If the Proponent ~~or SWALSC~~ has reasonable concerns about the ~~expense,~~ competence or ~~impartiality~~ professionalism of the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted~~ nominated by ~~SWALSC or~~ the ~~Proponent (as the case may be)~~Native Title Group, it may request the ~~other Party~~ PBC to request that the Native Title Group consider another ~~anthropologist,~~ anthropologist or archaeologist ~~or appropriately qualified professional~~ to act as Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). If In such circumstances, the Parties cannot reach agreement on the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be) to be contracted by SWALSC or the Proponent within the Survey Agreement Period, then PBC shall consider in ~~addition to and without limiting~~ good faith the Proponent's general rights under clause 16.1(e), SWALSC or the Proponent (whichever is the non-contracting party) may nominate an alternative proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant and the other Party shall promptly respond to any such nomination and shall ensure that it does not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be)request. Estimate of time for Survey commencement or completion If following the Activity Notice Response ~~and where SWALSC is contracting the Aboriginal Heritage Service Provider~~ the Parties are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, the Parties shall agree on such date or dates. Survey Team and commencement of Survey Survey team As soon as possible after the Survey Agreement Date, ~~and where either SWALSC~~ the PBC or the ~~Proponent is contracting the Aboriginal Heritage Service Provider, the~~ Native Title Group’s nominated Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant (if appointed~~, after receiving names and contact details of the Aboriginal Consultants from SWALSC in accordance with 8.3(d)(vii~~), will organise a Survey ~~Team (Survey~~ Team), which shall consist of: up to 8 6 Aboriginal Consultants, unless the Survey Area is outside of the Determination Area, in which case, the Survey Team will include up to 6 individuals who are either Aboriginal Consultants or Other Aboriginal Consultants, with appropriate experience and authority, as are necessary, in the opinion of the Aboriginal Heritage Service Provider ~~in consultation with SWALSC~~or Principal Aboriginal Heritage Consultant (as the case may be), to examine the Survey Area and assist in the Survey; and if considered necessary by the PBC and supported by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the ~~Parties~~Proponent, an Aboriginal Heritage Liaison Officer, who will be responsible for Survey logistics and on-ground operations; and where considered necessary by the ~~Aboriginal Heritage Consultants, SWALSC or~~ PBC and supported by the Aboriginal Heritage Service ~~Provider~~Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the ~~Parties~~Proponent, another anthropologist of a specific gender; and subject to clause 10.1(b), where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the ~~Parties~~PBC and the Proponent, including during the course of the Survey, an archaeologist. Where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by ~~SWALSC~~ the PBC and the Proponent, more than one archaeologist may be appointed to the Survey Team. The number of paid Aboriginal Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have authority to speak for those Aboriginal Sites and should be consulted about them is greater than 8; and/or the Survey Area crosses the boundary ). Additional members of the Agreement Area and one or more Related Agreement Areas. In these circumstances the Proponent and SWALSC must agree on the number of additional Aboriginal Consultants for the Survey Team. Additional Aboriginal Consultants Native Title Group may accompany the Survey Team but the Proponent will not be liable for additional costs. The Proponent may send one or two nominees with ~~appropriate~~ relevant qualifications and authority on the Survey to assist the Survey Team conducting the Survey with ~~provision of~~ information and ~~requests~~ direction where required. Such persons will at all times respect the privacy of the Aboriginal Consultants when sensitive cultural matters are being discussed Commencement and conduct of Survey ~~If SWALSC is contracting the Aboriginal Heritage Service Provider, SWALSC~~ The PBC will use ~~its, and must ensure that the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses~~ its best endeavours to ~~commence~~ facilitate the commencement of the Survey within the time agreed by the Parties, or in the absence of ~~agreement~~ such agreement, within 30 Business Days after the Survey Agreement ~~Date unless clauses 11(c) and 18.9 apply, in which case the time for commencement~~ Date. The Proponent will provide to members of the Survey ~~will be extended in accordance with~~ Team (and any other attending members of the ~~timeframes set out in the relevant clauses if the Dispute is resolved. SWALSC and/or the Proponent (depending upon which is contracting the Aboriginal Heritage Service Provider~~Native Title Group) ~~will ensure that~~ before the Survey ~~Team observes~~ commences: details and ~~complies with~~ explanation of any safety and other procedures and policies implemented from time to time by the Proponent over the Survey Area~~. The Proponent will provide SWALSC with details of~~ ; and explain these procedures and policies in order for SWALSC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The Proponent will also provide members of the Survey Team (and any other attending members of the Agreement Group) with protective clothing and equipment if reasonably necessary in all the circumstances. To the extent that the Proponent has control of the Survey Area, the Proponent shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. SWALSC The PBC acknowledges ~~that the members of the Survey Team are not employees of the Proponent, and~~ that the Proponent is not required to have insurance in place for the protection of Survey Team members~~. The onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team~~. The Survey Team will as appropriate in the circumstances: visit the Survey Area; and identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service ~~Provider,~~ Provider or ~~any other heritage consultant accompanying~~ Principal Aboriginal Heritage Consultant (as the ~~Survey Team,~~ case may be) to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; and record relevant Aboriginal Site information or, in the case of a Site Avoidance Survey, the area to be avoided, on a Heritage Information Submission Form; and xxxx the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; and make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; and when an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application is to be lodged, record sufficient information to address DAA's requirements for such an application; and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to Aboriginal Heritage concerns raised by the Aboriginal Consultants, the representatives of the Proponent nominated under clause ~~10.1(e~~10.1(d): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage Information or other information pertaining to Aboriginal Sites; and may make modifications to the Activity Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The Proponent shall pay the costs and expenses of the Survey at the rates set out in Schedule 5. The Proponent agrees to pay 100% of the approved Estimated Survey Costs to SWALSC: within 10 Business Days before the commencement of the Survey, or within 10 Business Days after the approval of the Estimated Survey Costs under clause 9.5(b), whichever is the earlier (the Relevant Period). If the Proponent fails to pay the Estimated Survey Costs within the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or after the first Business Day following the end of the Relevant Period. The monies constituting the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment of the Estimated Survey Costs and any repayment to the Proponent under clause 11(e) or 11(g). If the Survey is cancelled by the Proponent before it is completed, the part of the Estimated Survey Costs that has been expended and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the Proponent. SWALSC must provide a tax invoice of the Survey costs to the Proponent that reconciles the Estimated Survey Costs with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by the chief executive officer of SWALSC or their delegate. If the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the Proponent. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the Proponent shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. If the Proponent receives notification of revised costs from SWALSC under clause 12.2(b), the Proponent will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the Proponent. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) above. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) if either the Proponent or SWALSC is contracting the Aboriginal Heritage Service Provider, the Proponent or SWALSC, as the case may be, will ensure that Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant provides the Parties with: Preliminary Advice (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event to SWALSC within 5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the Proponent within 12 Business Days after the Last Fieldwork Day;.

Appears in 2 contracts

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

Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If ~~SWALSC is contracting an Aboriginal Heritage Service Provider, and SWALSC’s~~ the Corporation's Activity Notice Response does not identify ~~SWALSC’s nominated~~ the Corporation's proposed Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) ~~the~~ Principal Aboriginal Heritage Consultant, then ~~SWALSC~~ the Corporation will advise the Proponent of these nominations during the Survey Agreement Period. ~~The~~ Subject to clause 9.6(c), the Parties acknowledge ~~that, if SWALSC is contracting an Aboriginal Heritage Service Provider,~~ that the Proponent will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage ~~Consultant (if different)~~Consultant, subject however to the rights of the Proponent under clause ~~16.1(e~~6.1(f)(ii) in the event of delays. The Proponent shall not unreasonably refuse to accept the Corporation's nomination of an Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant. If the Proponent ~~or SWALSC~~ has reasonable concerns about the expense, competence or ~~impartiality~~ professionalism of the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted~~ nominated by ~~SWALSC or~~ the ~~Proponent (as the case may be)~~Corporation, it may request the ~~other Party~~ Corporation to consider another anthropologist, archaeologist or appropriately qualified professional to act as Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). If the ~~Parties~~ Corporation and the Proponent cannot reach agreement on the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted by SWALSC or the Proponent~~ within the Survey Agreement Period, then in addition to and without limiting ~~the Proponent's~~ its general rights under clause ~~16.1(e~~6.1(f)(ii), ~~SWALSC or~~ the Proponent ~~(whichever is the non-contracting party)~~ may nominate ~~an alternative~~ a proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and the ~~other Party~~ Corporation shall ~~promptly~~ respond to any such nomination within 10 Business Days and shall ~~ensure that it does~~ not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). Estimate of time for Survey commencement or completion If following the Activity Notice Response the Corporation and ~~where SWALSC is contracting~~ the ~~Aboriginal Heritage Service Provider the Parties~~ Proponent are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, ~~the Parties~~ they shall agree on such date or dates. Survey Team and commencement of Survey Survey team As soon as possible after the Survey Agreement Date, ~~and where either SWALSC or~~ the ~~Proponent is contracting the Aboriginal Heritage Service Provider, the~~ Corporation's nominated Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant (if appointed~~, after receiving names and contact details of the Aboriginal Consultants from SWALSC in accordance with 8.3(d)(vii~~), will organise a Survey ~~Team (Survey~~ Team), which shall consist of: up to 8 6 Yamatji Consultants who, in the opinion of the Corporation in consultation with the Aboriginal ~~Consultants~~Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be), ~~with~~ equitably represent the Traditional Owners and have appropriate knowledge, experience and authority, as are ~~necessary, in the opinion of the Aboriginal Heritage Service Provider in consultation with SWALSC,~~ necessary to examine the Survey Area and assist in the Survey; ~~and~~ if considered necessary by the Corporation and supported by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the ~~Parties~~Proponent, an Aboriginal ~~Heritage~~ Liaison Officer, who will be responsible for Survey logistics and on-ground operations; ~~and~~ where considered necessary by the ~~Aboriginal Heritage Consultants, SWALSC or~~ Corporation and supported by the Aboriginal Heritage Service ~~Provider~~Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the ~~Parties~~Proponent, another anthropologist of a specific gender; and subject to clause 10.1(b), where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the ~~Parties~~Corporation and the Proponent, including during the course of the Survey, an ~~archaeologist~~archaeologist or an anthropologist as the case may be. Where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by ~~SWALSC~~ the Corporation and the Proponent, more than one archaeologist may be appointed to the Survey Team. The number of paid ~~Aboriginal~~ Yamatji Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have knowledge and authority to speak for those Aboriginal Sites and should be consulted about them is greater than 86; and/or the Survey Area ~~crosses the boundary~~ encompasses more than one area of cultural authority within the Agreement ~~Area and one or more Related Agreement Areas~~Area. In these circumstances the Proponent and ~~SWALSC~~ the Corporation must agree on the number of additional ~~Aboriginal~~ Yamatji Consultants for the Survey Team. Additional ~~Aboriginal~~ Yamatji Consultants may accompany the Survey Team but the Proponent will not be liable for additional costs. The Proponent may send one or two nominees with ~~appropriate~~ relevant qualifications and authority on the Survey to assist the Survey Team conducting the Survey with ~~provision of~~ information and ~~requests~~ direction where required. Commencement and conduct of Survey ~~If SWALSC is contracting~~ Subject to clause 11.1(b), the ~~Aboriginal Heritage Service Provider, SWALSC~~ Corporation will use its, and must ensure ~~that~~ the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses ~~its~~ its, best endeavours to commence the Survey within the time agreed by the ~~Parties~~Corporation and the Proponent, or in the absence of ~~agreement~~ such agreement, within 30 35 Business Days after the Survey Agreement ~~Date unless clauses 11(c) and 18.9 apply, in which case the time for commencement~~ Date. The Proponent will provide to members of the Survey ~~will be extended in accordance with the timeframes set out in the relevant clauses if the Dispute is resolved. SWALSC and/or the Proponent~~ Team (~~depending upon which is contracting the Aboriginal Heritage Service Provider~~and any other attending Traditional Owners) ~~will ensure that~~ before the Survey ~~Team observes~~ commences: details and ~~complies with~~ explanation of any safety and other procedures and policies implemented from time to time by the Proponent over the Survey Area~~. The Proponent will provide SWALSC with details of~~ , including any procedures in relation to extreme heat events including temperatures over 40 degrees Celsius; and explain these procedures and policies in order for SWALSC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The Proponent will also provide members of the Survey Team (and any other attending members of the Agreement Group) with protective clothing and equipment if reasonably necessary in all the circumstances. To the extent that the Proponent has control of the Survey Area, the Proponent shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. SWALSC acknowledges that the members of the Survey Team are not employees of the Proponent, and The Parties acknowledge that the Proponent is not required to have insurance in place for the protection of Survey Team members. The ~~onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team. The~~ Survey Team will as appropriate in the circumstances: visit the Survey Area; ~~and~~ identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service ~~Provider,~~ Provider or ~~any other heritage consultant accompanying~~ Principal Aboriginal Heritage Consultant (as the ~~Survey Team~~case may be), to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; ~~and~~ in the case of a Site Identification Survey, record relevant Aboriginal Site information ~~or,~~ for the purposes of completing and submitting a Heritage Information Submission Form (accessible via the Heritage Department's website at xxx.xxxx.xx.xxx.xx); in the case of a Site Avoidance Survey, record the area to be ~~avoided~~avoided and why it could reasonably be suspected to be a site to which the AHA applies, on but not for the purposes of completing and submitting a Heritage Information Submission ~~Form~~Form (accessible via the Heritage Department's website at xxx.xxxx.xx.xxx.xx) unless the Traditional Owners so agree; ~~and~~ xxxx the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; ~~and~~ make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; when an Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application is to be lodged, record sufficient information to address DPLH’s requirements for such an application (including the information referred to in clause 10.2(d)(iii)(B) and (C), as applicable); and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to ~~Aboriginal Heritage~~ concerns raised by the Yamatji Consultants about an Aboriginal ~~Consultants~~Site or an Aboriginal Object, the representatives of the Proponent nominated under clause 10.1(e): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage ~~Information or other information pertaining to Aboriginal Sites~~Information; and may make modifications to the Activity ~~Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology~~Program. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The Proponent shall pay the costs and expenses of the Survey at the rates set out in Schedule 5. The Proponent agrees to pay ~~100~~50% of the ~~approved~~ Estimated Survey Costs ~~to SWALSC: within 10 Business Days before~~ in advance of the commencement of the Survey~~, or~~ . If the Proponent does not pay that component of the costs referred to in clause 11(a) within 10 the period of 20 Business Days after the ~~approval~~ Survey Agreement Date (or by such earlier date agreed for the commencement of the ~~Estimated~~ Survey ~~Costs under clause 9.5(b)~~as may be applicable) and in any event no later than 48 hours before the Survey commences, ~~whichever is~~ the ~~earlier (~~Corporation may, at its discretion, advise the ~~Relevant Period). If~~ Proponent by notice in writing that: the Survey cannot commence until payment has been made; and notwithstanding any other provisions of this YPSHA: the date on which that payment will be deemed to be the new Survey Agreement Date; the date for commencement of the Survey will be 30 Business Days after the new Survey Agreement Date, unless otherwise agreed between the Parties; and if the dates have been agreed for the completion of the fieldwork for a Survey or the Survey Report, such dates are to be altered to reflect the delayed date for commencement of the Survey arising from the operation of this clause, unless otherwise agreed between the Parties, provided that if the Proponent fails to ~~pay the Estimated Survey Costs~~ make payment within ~~the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or~~ 14 Business Days after ~~the first Business Day following the end~~ receipt of the ~~Relevant Period. The monies constituting~~ notice under this clause, the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment default provisions of ~~the Estimated Survey Costs and any repayment to the Proponent under~~ clause ~~11(e) or 11(g)~~18 will apply. If the Survey is cancelled by the Proponent before it is completed, the part of the ~~Estimated Survey Costs~~ administration fee that has been ~~expended~~ advanced and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the Proponent. ~~SWALSC~~ The monies constituting the Estimated Survey Costs must be: held by the Corporation in an account in the Corporation's name; and used only for the payment of the Estimated Survey Costs and any repayment to the Proponent under clause 11(e). The balance of the Estimated Survey Costs will be paid within 21 days after receipt of the Survey Report by the Proponent. The Corporation must provide a tax invoice of the Estimated Survey ~~costs to the Proponent~~ Costs that reconciles the ~~Estimated Survey Costs~~ costs estimated, and any costs advanced under clause 11.1(b), with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by ~~the chief executive~~ an authorised officer of ~~SWALSC or their delegate. If~~ the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the Proponent. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the Proponent shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. If the Proponent receives notification of revised costs from SWALSC under clause 12.2(b), the Proponent will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the Proponent. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) aboveCorporation. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) if either the Proponent or SWALSC is contracting the Aboriginal Heritage Service Provider, the Proponent or SWALSC, as the case may be, will ensure that Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant provides the Parties with: Preliminary Advice (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event to SWALSC within 5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the Proponent within 12 Business Days after the Last Fieldwork Day;Report

Appears in 1 contract

Samples: www.wa.gov.au

Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If SWALSC is contracting an Aboriginal Heritage Service Provider, and SWALSC’s Activity Notice Response does not identify SWALSC’s nominated Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) the Principal Aboriginal Heritage Consultant, then SWALSC will advise the ~~Proponent~~ Local Government of these nominations during the Survey Agreement Period. The Parties acknowledge that, if SWALSC is contracting an Aboriginal Heritage Service Provider, the ~~Proponent~~ Local Government will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage Consultant (if different), subject however to the rights of the ~~Proponent~~ Local Government under clause 16.1(e) in the event of delays. If the ~~Proponent~~ Local Government or SWALSC has reasonable concerns about the expense, competence or impartiality of the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be) to be contracted by SWALSC or the ~~Proponent~~ Local Government (as the case may be), it may request the other Party to consider another anthropologist, archaeologist or appropriately qualified professional to act as Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be). If the Parties cannot reach agreement on the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be) to be contracted by SWALSC or the ~~Proponent~~ Local Government within the Survey Agreement Period, then in addition to and without limiting the ~~Proponent~~ProponentLocal Government's general rights under clause 16.1(e), SWALSC or the ~~Proponent~~ Local Government (whichever is the non-contracting party) may nominate an alternative proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant and the other Party shall promptly respond to any such nomination and shall ensure that it does not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be). Estimate of time for Survey commencement or completion If following the Activity Notice Response and where SWALSC is contracting the Aboriginal Heritage Service Provider the Parties are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, the Parties shall agree on such date or dates. Survey Team and commencement of Survey Survey team As soon as possible after the Survey Agreement Date, and where either SWALSC or the ~~Proponent~~ Local Government is contracting the Aboriginal Heritage Service Provider, the Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant if appointed, after receiving names and contact details of the Aboriginal Consultants from SWALSC or DPLH in accordance with 8.3(d)(vii), will organise a Survey Team (Survey Team), which shall consist of: ~~up to~~ Between 2 and 8 Aboriginal Consultants, with appropriate experience and authority, as are necessary, in the opinion of the Aboriginal Heritage Service Provider in consultation with ~~SWALSC~~SWALSC and agreed to by the Parties, to examine the Survey Area and assist in the Survey; and if considered necessary by the Aboriginal Heritage Service Provider and agreed to by the Parties, an Aboriginal Heritage Liaison Officer, who will be responsible for Survey logistics and on-ground operations; and where considered necessary by the Aboriginal Heritage Consultants, SWALSC or the Aboriginal Heritage Service Provider, and agreed to by the Parties, another anthropologist of a specific gender; and where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider and agreed to by the Parties, including during the course of the Survey, an archaeologist. Where considered necessary by the Aboriginal Heritage Service Provider and agreed to by SWALSC and the ~~Proponent~~ProponentLocal Government, more than one archaeologist may be appointed to the Survey Team. The number of paid Aboriginal Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have authority to speak for those Aboriginal Sites and should be consulted about them is greater than 8; and/or the Survey Area crosses the boundary of the Agreement Area and one or more Related Agreement Areas. In these circumstances the ~~Proponent~~ Local Government and SWALSC must agree on the number of additional Aboriginal Consultants for the Survey Team. Additional Aboriginal Consultants may accompany the Survey Team but the ~~Proponent~~ Local Government will not be liable for additional costs. The ~~Proponent~~ Local Government may send one or two nominees with appropriate authority on the Survey to assist the Survey Team conducting the Survey with provision of information and requests where required. Commencement and conduct of Survey If SWALSC is contracting the Aboriginal Heritage Service Provider, SWALSC will use its, and must ensure that the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses its best endeavours to commence the Survey within the time agreed by the Parties, or in the absence of agreement within 30 Business Days after the Survey Agreement Date unless clauses 11(c) and 18.9 apply, in which case the time for commencement of the Survey will be extended in accordance with the timeframes set out in the relevant clauses if the Dispute is resolved. SWALSC and/or the ~~Proponent~~ Local Government (depending upon which is contracting the Aboriginal Heritage Service Provider) will ensure that the Survey Team observes and complies with any safety and other procedures and policies implemented from time to time by the ~~Proponent~~ Local Government over the Survey Area. The ~~Proponent~~ Local Government will provide SWALSC with details of and explain these procedures and policies in order for SWALSC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The ~~Proponent~~ Local Government will also provide members of the Survey Team (and any other attending members of the Agreement Group) with protective clothing and equipment if reasonably necessary in all the circumstances. To the extent that the ~~Proponent~~ Local Government has control of the Survey Area, the ~~Proponent~~ Local Government shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. SWALSC acknowledges that the members of the Survey Team are not employees of the ~~Proponent~~ProponentLocal Government, and that the ~~Proponent~~ Local Government is not required to have insurance in place for the protection of Survey Team members. The onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team. The Survey Team will as appropriate in the circumstances: visit the Survey Area; and identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service Provider, or any other heritage consultant accompanying the Survey Team, to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; and record relevant Aboriginal Site information or, in the case of a Site Avoidance Survey, the area to be avoided, on a Heritage Information Submission Form; and xxxx the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; and make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to Aboriginal Heritage concerns raised by the Aboriginal Consultants, the representatives of the ~~Proponent~~ Local Government nominated under clause 10.1(e): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage Information or other information pertaining to Aboriginal Sites; and may make modifications to the Activity Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The ~~Proponent~~ Local Government shall pay the costs and expenses of the Survey at the rates set out in Schedule 5. The ~~Proponent~~ Local Government agrees to pay 100% of the approved Estimated Survey Costs to SWALSC: within 10 Business Days before the commencement of the Survey, or within 10 Business Days after the approval of the Estimated Survey Costs under clause 9.5(b), whichever is the earlier (the Relevant Period). If the ~~Proponent~~ Local Government fails to pay the Estimated Survey Costs within the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or after the first Business Day following the end of the Relevant Period. The monies constituting the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment of the Estimated Survey Costs and any repayment to the ~~Proponent~~ Local Government under clause 11(e) or 11(g). If the Survey is cancelled by the ~~Proponent~~ Local Government before it is completed, the part of the Estimated Survey Costs that has been expended and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the ~~Proponent~~ProponentLocal Government. SWALSC must provide a tax invoice of the Survey costs to the ~~Proponent~~ Local Government that reconciles the Estimated Survey Costs with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by the chief executive officer of SWALSC or their delegate. If the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the ~~Proponent~~ProponentLocal Government. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the ~~Proponent~~ Local Government shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. The Local Government shall not be liable to pay SWALSC for any Survey costs exceeding this capped amount, except in accordance with clause 11(i). If the ~~Proponent~~ Local Government receives notification of revised costs from SWALSC under clause 12.2(b), the ~~Proponent~~ Local Government will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the ~~Proponent~~ProponentLocal Government. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) above. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) if either the ~~Proponent~~ Local Government or SWALSC is contracting the Aboriginal Heritage Service Provider, the ~~Proponent~~ Local Government or SWALSC, as the case may be, will ensure that Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant provides the Parties with: Preliminary Advice (if requested by the ~~Proponent~~ Local Government in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event to SWALSC within 5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the ~~Proponent~~ Local Government within 12 Business Days after the Last Fieldwork Day;

Appears in 1 contract

Samples: walga.asn.au

Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If ~~SWALSC is contracting an Aboriginal Heritage Service Provider, and SWALSC’s~~ the Corporation's Activity Notice Response does not identify ~~SWALSC’s nominated~~ the Corporation's proposed Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) ~~the~~ Principal Aboriginal Heritage Consultant, then ~~SWALSC~~ the Corporation will advise the Government Proponent of these nominations during the Survey Agreement Period. ~~The~~ Subject to clause 9.6(c), the Parties acknowledge ~~that, if SWALSC is contracting an Aboriginal Heritage Service Provider,~~ that the Government Proponent will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage ~~Consultant (if different)~~Consultant, subject however to the rights of the Government Proponent under clause ~~16.1(e~~6.1(f)(i) in the event of delays. The Government Proponent shall not unreasonably refuse to accept the Corporation's nomination of an Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant. If the Government Proponent ~~or SWALSC~~ has reasonable concerns about the expense, competence or ~~impartiality~~ professionalism of the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted~~ nominated by ~~SWALSC or~~ the ~~Proponent (as the case may be)~~Corporation, it may request the ~~other Party~~ Corporation to consider another anthropologist, archaeologist or appropriately qualified professional to act as Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). If the ~~Parties~~ Corporation and the Government Proponent cannot reach agreement on the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted by SWALSC or the Proponent~~ within the Survey Agreement Period, then in addition to and without limiting ~~the Proponent's~~ its general rights under clause ~~16.1(e~~6.1(f)(ii), ~~SWALSC or~~ the Government Proponent ~~(whichever is the non-contracting party)~~ may nominate ~~an alternative~~ a proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and the ~~other Party~~ Corporation shall ~~promptly~~ respond to any such nomination within 10 Business Days and shall ~~ensure that it does~~ not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). Estimate of time for Survey commencement or completion If following the Activity Notice Response the Corporation and ~~where SWALSC is contracting~~ the ~~Aboriginal Heritage Service Provider the Parties~~ Government Proponent are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, ~~the Parties~~ they shall agree on such date or dates. Survey Team and commencement of Survey Survey team As soon as possible after the Survey Agreement Date, ~~and where either SWALSC or~~ the ~~Proponent is contracting the Aboriginal Heritage Service Provider, the~~ Corporation's nominated Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant (if appointed~~, after receiving names and contact details of the Aboriginal Consultants from SWALSC in accordance with 8.3(d)(vii~~), will organise a Survey ~~Team (Survey~~ Team), which shall consist of: up to 8 6 Yamatji Consultants who, in the opinion of the Corporation in consultation with the Aboriginal ~~Consultants~~Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be), ~~with~~ equitably represent the Traditional Owners and have appropriate knowledge, experience and authority, as are ~~necessary, in the opinion of the Aboriginal Heritage Service Provider in consultation with SWALSC,~~ necessary to examine the Survey Area and assist in the Survey; ~~and~~ if considered necessary by the Corporation and supported by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the ~~Parties~~Government Proponent, an Aboriginal ~~Heritage~~ Liaison Officer, who will be responsible for Survey logistics and on-ground operations; ~~and~~ where considered necessary by the ~~Aboriginal Heritage Consultants, SWALSC or~~ Corporation and supported by the Aboriginal Heritage Service ~~Provider~~Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the ~~Parties~~Government Proponent, another anthropologist of a specific gender; and subject to clause 10.1(b), where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the ~~Parties~~Corporation and the Government Proponent, including during the course of the Survey, an ~~archaeologist~~archaeologist or an anthropologist as the case may be. Where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by ~~SWALSC~~ the Corporation and the Government Proponent, more than one archaeologist may be appointed to the Survey Team. The number of paid ~~Aboriginal~~ Yamatji Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have knowledge and authority to speak for those Aboriginal Sites and should be consulted about them is greater than 86; and/or the Survey Area ~~crosses the boundary~~ encompasses more than one area of cultural authority within the Agreement ~~Area and one or more Related Agreement Areas~~Area. In these circumstances the Government Proponent and ~~SWALSC~~ the Corporation must agree on the number of additional ~~Aboriginal~~ Yamatji Consultants for the Survey Team. Additional ~~Aboriginal~~ Yamatji Consultants may accompany the Survey Team but the Government Proponent will not be liable for additional costs. The Government Proponent may send one or two nominees with ~~appropriate~~ relevant qualifications and authority on the Survey to assist the Survey Team conducting the Survey with ~~provision of~~ information and ~~requests~~ direction where required. Commencement and conduct of Survey ~~If SWALSC is contracting~~ Subject to clause 11.1(b), the ~~Aboriginal Heritage Service Provider, SWALSC~~ Corporation will use its, and must ensure ~~that~~ the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses ~~its~~ its, best endeavours to commence the Survey within the time agreed by the ~~Parties~~Corporation and the Government Proponent, or in the absence of ~~agreement~~ such agreement, within 30 35 Business Days after the Survey Agreement ~~Date unless clauses 11(c) and 18.9 apply, in which case the time for commencement~~ Date. The Government Proponent will provide to members of the Survey ~~will be extended in accordance with the timeframes set out in the relevant clauses if the Dispute is resolved. SWALSC and/or the Proponent~~ Team (~~depending upon which is contracting the Aboriginal Heritage Service Provider~~and any other attending Traditional Owners) ~~will ensure that~~ before the Survey ~~Team observes~~ commences: details and ~~complies with~~ explanation of any safety and other procedures and policies implemented from time to time by the Government Proponent over the Survey Area~~. The Proponent will provide SWALSC with details of~~ , including any procedures in relation to extreme heat events including temperatures over 40 degrees Celsius; and explain these procedures and policies in order for SWALSC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The Proponent will also provide members of the Survey Team (and any other attending members of the Agreement Group) with protective clothing and equipment if reasonably necessary in all the circumstances. ~~To the extent~~ The Parties acknowledge that the Proponent has control of the Survey Area, the Proponent shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. SWALSC acknowledges that the members of the Survey Team are not employees of the Proponent, and that the Government Proponent is not required to have insurance in place for the protection of Survey Team members. The ~~onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team. The~~ Survey Team will as appropriate in the circumstances: visit the Survey Area; ~~and~~ identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service ~~Provider,~~ Provider or ~~any other heritage consultant accompanying~~ Principal Aboriginal Heritage Consultant (as the ~~Survey Team~~case may be), to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; ~~and~~ in the case of a Site Identification Survey, record relevant Aboriginal Site information ~~or,~~ for the purposes of completing and submitting a Heritage Information Submission Form (accessible via the Heritage Department's website at xxx.xxxx.xx.xxx.xx); in the case of a Site Avoidance Survey, record the area to be ~~avoided~~avoided and why it could reasonably be suspected to be a site to which the AHA applies, on but not for the purposes of completing and submitting a Heritage Information Submission ~~Form~~Form (accessible via the Heritage Department's website at xxx.xxxx.xx.xxx.xx) unless the Traditional Owners so agree; ~~and~~ xxxx the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; ~~and~~ make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; when an Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application is to be lodged, record sufficient information to address DPLH's requirements for such an application (including the information referred to in clause 10.2(d)(iii)(B) and (C), as applicable); and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to ~~Aboriginal Heritage~~ concerns raised by the Yamatji Consultants about an Aboriginal ~~Consultants~~Site or an Aboriginal Object, the representatives of the Government Proponent nominated under clause 10.1(e): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage ~~Information or other information pertaining to Aboriginal Sites~~Information; and may make modifications to the Activity ~~Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology~~Program. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The Government Proponent shall pay the costs and expenses of the Survey at the rates set out in Schedule 5. The Government Proponent agrees to pay ~~100~~50% of the ~~approved~~ Estimated Survey Costs ~~to SWALSC: within 10 Business Days before~~ in advance of the commencement of the Survey~~, or~~ . If the Government Proponent does not pay that component of the costs referred to in clause 11(a) within 10 the period of 20 Business Days after the ~~approval~~ Survey Agreement Date (or by such earlier date agreed for the commencement of the ~~Estimated~~ Survey ~~Costs under clause 9.5(b)~~as may be applicable) and in any event no later than 48 hours before the Survey commences, ~~whichever is~~ the ~~earlier (~~Corporation may, at its discretion, advise the ~~Relevant Period). If~~ Government Proponent by notice in writing that: the Survey cannot commence until payment has been made; and notwithstanding any other provisions of this GSHA: the date on which that payment will be deemed to be the new Survey Agreement Date; the date for commencement of the Survey will be 30 Business Days after the new Survey Agreement Date, unless otherwise agreed between the Parties; and if the dates have been agreed for the completion of the fieldwork for a Survey or the Survey Report, such dates are to be altered to reflect the delayed date for commencement of the Survey arising from the operation of this clause, unless otherwise agreed between the Parties, provided that if the Government Proponent fails to ~~pay the Estimated Survey Costs~~ make payment within ~~the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or~~ 14 Business Days after ~~the first Business Day following the end~~ receipt of the ~~Relevant Period. The monies constituting~~ notice under this clause, the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment default provisions of ~~the Estimated Survey Costs and any repayment to the Proponent under~~ clause ~~11(e) or 11(g)~~18 will apply. If the Survey is cancelled by the Government Proponent before it is completed, the part of the ~~Estimated Survey Costs~~ administration fee that has been ~~expended~~ advanced and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the Government Proponent. ~~SWALSC~~ The monies constituting the Estimated Survey Costs must be: held by the Corporation in an account in the Corporation's name; and used only for the payment of the Estimated Survey Costs and any repayment to the Proponent under clause 11(e). The balance of the Estimated Survey Costs will be paid within 21 days after receipt of the Survey Report by the Government Proponent. The Corporation must provide a tax invoice of the Estimated Survey ~~costs to the Proponent~~ Costs that reconciles the ~~Estimated Survey Costs~~ costs estimated, and any costs advanced under clause 11.1(b), with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by ~~the chief executive~~ an authorised officer of ~~SWALSC or their delegate. If~~ the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the Proponent. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the Proponent shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. If the Proponent receives notification of revised costs from SWALSC under clause 12.2(b), the Proponent will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the Proponent. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) aboveCorporation. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) if either the Proponent or SWALSC is contracting the Aboriginal Heritage Service Provider, the Proponent or SWALSC, as the case may be, will ensure that Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant provides the Parties with: Preliminary Advice (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event to SWALSC within 5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the Proponent within 12 Business Days after the Last Fieldwork Day;Report

Appears in 1 contract

Samples: www.wa.gov.au

Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If ~~SWALSC is contracting an Aboriginal Heritage Service Provider, and SWALSC’s~~ the PBC's Activity Notice Response does not identify ~~SWALSC’s~~ the Native Title Group's nominated proposed Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) ~~the~~ Principal Aboriginal Heritage Consultant, then ~~SWALSC~~ the PBC will advise the Government Proponent of these nominations during the Survey Agreement Period. ~~The~~ Subject to clause 9.6(c), the Parties acknowledge ~~that, if SWALSC is contracting an Aboriginal Heritage Service Provider,~~ that the Government Proponent will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage ~~Consultant (if different)~~Consultant, subject however to the rights of the Government Proponent under clause ~~16.1(e~~6.1(f)(iii) in the event of delays. If the Government Proponent ~~or SWALSC~~ has reasonable concerns about the ~~expense,~~ competence or ~~impartiality~~ professionalism of the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted~~ nominated by ~~SWALSC or~~ the ~~Proponent (as the case may be)~~Native Title Group, it may request the ~~other Party~~ PBC to request that the Native Title Group consider another anthropologist, archaeologist or appropriately qualified professional to act as Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). If the ~~Parties~~ PBC and the Government Proponent cannot reach agreement on the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted by SWALSC or the Proponent~~ within the Survey Agreement Period, then in addition to and without limiting ~~the Proponent's~~ its general rights under clause ~~16.1(e~~6.1(f)(iii), ~~SWALSC or~~ the Government Proponent ~~(whichever is the non-contracting party)~~ may nominate ~~an alternative~~ a proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and the ~~other Party~~ PBC shall promptly respond to any such nomination and shall ensure that it the Native Title Group does not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). Estimate of time for Survey commencement or completion If following the Activity Notice Response the PBC and ~~where SWALSC is contracting~~ the ~~Aboriginal Heritage Service Provider the Parties~~ Government Proponent are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, ~~the Parties~~ they shall agree on such date or dates. Survey Team and commencement of Survey Survey team As soon as possible after the Survey Agreement Date, ~~and where either SWALSC~~ the PBC or the ~~Proponent is contracting the Aboriginal Heritage Service Provider, the~~ Native Title Group's nominated Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant (if appointed~~, after receiving names and contact details of the Aboriginal Consultants from SWALSC in accordance with 8.3(d)(vii~~), will organise a Survey ~~Team (Survey~~ Team), which shall consist of: up to 8 6 Aboriginal Consultants, with appropriate experience and authority, as are necessary, in the opinion of the PBC in consultation with the Aboriginal Heritage Service Provider ~~in consultation with SWALSC~~or Principal Aboriginal Heritage Consultant (as the case may be), to examine the Survey Area and assist in the Survey; ~~and~~ if considered necessary by the PBC and supported by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the ~~Parties~~Government Proponent, an Aboriginal ~~Heritage~~ Liaison Officer, who will be responsible for Survey logistics and on-ground operations; ~~and~~ where considered necessary by the ~~Aboriginal Heritage Consultants, SWALSC or~~ PBC and supported by the Aboriginal Heritage Service ~~Provider~~Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the ~~Parties~~Government Proponent, another anthropologist of a specific gender; and subject to clause 10.1(b), where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the ~~Parties~~PBC and the Government Proponent, including during the course of the Survey, an archaeologist. Where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by ~~SWALSC~~ the PBC and the Government Proponent, more than one archaeologist may be appointed to the Survey Team. The number of paid Aboriginal Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have authority to speak for those Aboriginal Sites and should be consulted about them is greater than 8; and/or the Survey Area crosses the boundary ). Additional members of the Agreement Area and one or more Related Agreement Areas. In these circumstances the Proponent and SWALSC must agree on the number of additional Aboriginal Consultants for the Survey Team. Additional Aboriginal Consultants Native Title Group may accompany the Survey Team but the Government Proponent will not be liable for additional costs. The Government Proponent may send one or two nominees with ~~appropriate~~ relevant qualifications and authority on the Survey to assist the Survey Team conducting the Survey with ~~provision of~~ information and ~~requests~~ direction where required. Commencement and conduct of Survey ~~If SWALSC is contracting~~ Subject to clause 11(c), the ~~Aboriginal Heritage Service Provider, SWALSC~~ PBC will use its, and must ensure ~~that~~ the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses ~~its~~ its, best endeavours to commence the Survey within the time agreed by the ~~Parties~~PBC and the Government Proponent, or in the absence of ~~agreement~~ such agreement, within 30 Business Days after the Survey Agreement ~~Date unless clauses 11(c) and 18.9 apply, in which case the time for commencement~~ Date. The Government Proponent will provide to members of the Survey ~~will be extended in accordance with~~ Team (and any other attending members of the ~~timeframes set out in the relevant clauses if the Dispute is resolved. SWALSC and/or the Proponent (depending upon which is contracting the Aboriginal Heritage Service Provider~~Native Title Group) ~~will ensure that~~ before the Survey ~~Team observes~~ commences: details and ~~complies with~~ explanation of any safety and other procedures and policies implemented from time to time by the Government Proponent over the Survey Area~~. The Proponent will provide SWALSC with details of~~ ; and explain these procedures and policies in order for SWALSC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The Proponent will also provide members of the Survey Team (and any other attending members of the Agreement Group) with protective clothing and equipment if reasonably necessary in all the circumstances. ~~To the extent~~ The Parties acknowledge that the Proponent has control of the Survey Area, the Proponent shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. SWALSC acknowledges that the members of the Survey Team are not employees of the Proponent, and that the Government Proponent is not required to have insurance in place for the protection of Survey Team members. The ~~onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team. The~~ Survey Team will as appropriate in the circumstances: visit the Survey Area; ~~and~~ identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service ~~Provider,~~ Provider or ~~any other heritage consultant accompanying~~ Principal Aboriginal Heritage Consultant (as the ~~Survey Team~~case may be), to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; ~~and~~ record relevant Aboriginal Site information or, in the case of a Site Avoidance Survey, the area to be ~~avoided~~avoided and why it could reasonably be suspected to be a site to which the AHA applies, on a Heritage Information Submission Form; ~~and~~ xxxx the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; ~~and~~ make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; when an Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application is to be lodged, record sufficient information to address DAA's requirements for such an application; and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to ~~Aboriginal Heritage~~ concerns raised by the Aboriginal ~~Consultants~~Consultants about an Aboriginal Site or an Aboriginal Object, the representatives of the Government Proponent nominated under clause ~~10.1(e~~10.1(d): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage ~~Information or other information pertaining to Aboriginal Sites~~Information; and may make modifications to the Activity ~~Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology~~Program. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The Government Proponent shall pay the costs and expenses of the Survey at the rates set out in Schedule 5. The Government Proponent agrees to ~~pay 100%~~ pay, in advance of ~~the approved Estimated Survey Costs to SWALSC: within 10 Business Days before~~ the commencement of the Survey, or the following components of the approved estimated costs: 50% of the estimated administration fee; and any disbursements that are to be paid by the Aboriginal Heritage Service Provider prior to the fieldwork component of the Survey being completed. If the Government Proponent does not pay that component of the costs referred to in clause 11(b)(i) above within 10 the period of 20 Business Days after the ~~approval~~ Survey Agreement Date (or by such earlier date agreed for the commencement of the ~~Estimated~~ Survey ~~Costs under clause 9.5(b~~as may be applicable), ~~whichever is~~ the ~~earlier (~~PBC may, at its discretion, advise the ~~Relevant Period). If~~ Government Proponent by notice in writing that: the Survey cannot commence until payment has been made; and notwithstanding any other provisions of this GSHA: the date on which that payment will be deemed to be the new Survey Agreement Date; the date for commencement of the Survey will be 30 Business Days after the new Survey Agreement Date, unless otherwise agreed between the Parties; and if the dates have been agreed for the completion of the fieldwork for a Survey or the Survey Report, such dates are to be altered to reflect the delayed date for commencement of the Survey arising from the operation of this clause, unless otherwise agreed between the Parties, provided that if the Government Proponent fails to ~~pay the Estimated Survey Costs~~ make payment within ~~the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or~~ 14 Business Days after ~~the first Business Day following the end~~ receipt of the ~~Relevant Period. The monies constituting~~ notice under this clause, the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment default provisions of ~~the Estimated Survey Costs and any repayment to the Proponent under~~ clause ~~11(e) or 11(g)~~16 will apply. If the Survey is cancelled by the Government Proponent before it is completed, the part of the ~~Estimated Survey Costs~~ administration fee that has been ~~expended~~ advanced and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the Government Proponent. ~~SWALSC~~ The balance of the Survey costs will be paid within 21 days after receipt of the Survey Report by the Government Proponent. The PBC must provide a tax invoice of the Survey costs ~~to the Proponent~~ that reconciles the ~~Estimated Survey Costs~~ costs estimated, and any costs advanced under clause 11(b), with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by ~~the chief executive~~ an authorised officer of ~~SWALSC or their delegate. If~~ the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the Proponent. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the Proponent shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. If the Proponent receives notification of revised costs from SWALSC under clause 12.2(b), the Proponent will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the Proponent. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) abovePBC. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) if either the Proponent or SWALSC is contracting the Aboriginal Heritage Service Provider, the Proponent or SWALSC, as the case may be, will ensure that Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant provides the Parties with: Preliminary Advice (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event to SWALSC within 5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the Proponent within 12 Business Days after the Last Fieldwork Day;Report

Appears in 1 contract

Samples: Agreement

Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If ~~SWALSC is contracting an Aboriginal Heritage Service Provider, and SWALSC~~the PBC’s Activity Notice Response does not identify ~~SWALSC~~the Native Title Group’s nominated Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) ~~the~~ Principal Aboriginal Heritage Consultant, then ~~SWALSC~~ the PBC will advise the Proponent of these nominations during the Survey Agreement Period. ~~The~~ Subject to clause 9.6(c), the Parties acknowledge ~~that, if SWALSC is contracting an Aboriginal Heritage Service Provider,~~ that the Proponent will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage ~~Consultant (if different)~~Consultant, subject however to the rights of the Proponent under clause ~~16.1(e~~6.1(f)(iii) in the event of delays. If the Proponent ~~or SWALSC~~ has reasonable concerns about the ~~expense,~~ competence or ~~impartiality~~ professionalism of the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted~~ nominated by ~~SWALSC or~~ the ~~Proponent (as the case may be)~~Native Title Group, it may request the ~~other Party~~ PBC to request that the Native Title Group consider another ~~anthropologist,~~ anthropologist or archaeologist ~~or appropriately qualified professional~~ to act as Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). If In such circumstances, the Parties cannot reach agreement on the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be) to be contracted by SWALSC or the Proponent within the Survey Agreement Period, then PBC shall consider in ~~addition to and without limiting~~ good faith the Proponent's general rights under clause 16.1(e), SWALSC or the Proponent (whichever is the non-contracting party) may nominate an alternative proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant and the other Party shall promptly respond to any such nomination and shall ensure that it does not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be)request. Estimate of time for Survey commencement or completion If following the Activity Notice Response ~~and where SWALSC is contracting the Aboriginal Heritage Service Provider~~ the Parties are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, the Parties shall agree on such date or dates. Survey Team and commencement of Survey Survey team As soon as possible after the Survey Agreement Date, ~~and where either SWALSC~~ the PBC or the ~~Proponent is contracting the Aboriginal Heritage Service Provider, the~~ Native Title Group’s nominated Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant (if appointed~~, after receiving names and contact details of the Aboriginal Consultants from SWALSC in accordance with 8.3(d)(vii~~), will organise a Survey ~~Team (Survey~~ Team), which shall consist of: up to 8 6 Aboriginal Consultants, unless the Survey Area is outside of the Determination Area, in which case, the Survey Team will include up to 6 individuals who are either Aboriginal Consultants or Other Aboriginal Consultants, with appropriate experience and authority, as are necessary, in the opinion of the Aboriginal Heritage Service Provider ~~in consultation with SWALSC~~or Principal Aboriginal Heritage Consultant (as the case may be), to examine the Survey Area and assist in the Survey; and if considered necessary by the PBC and supported by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the ~~Parties~~Proponent, an Aboriginal Heritage Liaison Officer, who will be responsible for Survey logistics and on-ground operations; and where considered necessary by the ~~Aboriginal Heritage Consultants, SWALSC or~~ PBC and supported by the Aboriginal Heritage Service ~~Provider~~Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the ~~Parties~~Proponent, another anthropologist of a specific gender; and subject to clause 10.1(b), where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the ~~Parties~~PBC and the Proponent, including during the course of the Survey, an archaeologist. Where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by ~~SWALSC~~ the PBC and the Proponent, more than one archaeologist may be appointed to the Survey Team. The number of paid Aboriginal Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have authority to speak for those Aboriginal Sites and should be consulted about them is greater than 8; and/or the Survey Area crosses the boundary ). Additional members of the Agreement Area and one or more Related Agreement Areas. In these circumstances the Proponent and SWALSC must agree on the number of additional Aboriginal Consultants for the Survey Team. Additional Aboriginal Consultants Native Title Group may accompany the Survey Team but the Proponent will not be liable for additional costs. The Proponent may send one or two nominees with ~~appropriate~~ relevant qualifications and authority on the Survey to assist the Survey Team conducting the Survey with ~~provision of~~ information and ~~requests~~ direction where required. Such persons will at all times respect the privacy of the Aboriginal Consultants when sensitive cultural matters are being discussed Commencement and conduct of Survey ~~If SWALSC is contracting the Aboriginal Heritage Service Provider, SWALSC~~ The PBC will use ~~its, and must ensure that the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses~~ its best endeavours to ~~commence~~ facilitate the commencement of the Survey within the time agreed by the Parties, or in the absence of ~~agreement~~ such agreement, within 30 Business Days after the Survey Agreement ~~Date unless clauses 11(c) and 18.9 apply, in which case the time for commencement~~ Date. The Proponent will provide to members of the Survey ~~will be extended in accordance with~~ Team (and any other attending members of the ~~timeframes set out in the relevant clauses if the Dispute is resolved. SWALSC and/or the Proponent (depending upon which is contracting the Aboriginal Heritage Service Provider~~Native Title Group) ~~will ensure that~~ before the Survey ~~Team observes~~ commences: details and ~~complies with~~ explanation of any safety and other procedures and policies implemented from time to time by the Proponent over the Survey Area~~. The Proponent will provide SWALSC with details of~~ ; and explain these procedures and policies in order for SWALSC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The Proponent will also provide members of the Survey Team (and any other attending members of the Agreement Group) with protective clothing and equipment if reasonably necessary in all the circumstances. To the extent that the Proponent has control of the Survey Area, the Proponent shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. SWALSC The PBC acknowledges ~~that the members of the Survey Team are not employees of the Proponent, and~~ that the Proponent is not required to have insurance in place for the protection of Survey Team members~~. The onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team~~. The Survey Team will as appropriate in the circumstances: visit the Survey Area; and identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service ~~Provider,~~ Provider or ~~any other heritage consultant accompanying~~ Principal Aboriginal Heritage Consultant (as the ~~Survey Team,~~ case may be) to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; and record relevant Aboriginal Site information or, in the case of a Site Avoidance Survey, the area to be avoided, on a Heritage Information Submission Form; and ~~xxxx~~ mark the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; and make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; and when an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application is to be lodged, record sufficient information to address DAA's requirements for such an application; and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to Aboriginal Heritage concerns raised by the Aboriginal Consultants, the representatives of the Proponent nominated under clause ~~10.1(e~~10.1(d): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage Information or other information pertaining to Aboriginal Sites; and may make modifications to the Activity Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The Proponent shall pay the costs and expenses of the Survey at the rates set out in Schedule 5. The Proponent agrees to pay 100% of the approved Estimated Survey Costs to SWALSC: within 10 Business Days before the commencement of the Survey, or within 10 Business Days after the approval of the Estimated Survey Costs under clause 9.5(b), whichever is the earlier (the Relevant Period). If the Proponent fails to pay the Estimated Survey Costs within the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or after the first Business Day following the end of the Relevant Period. The monies constituting the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment of the Estimated Survey Costs and any repayment to the Proponent under clause 11(e) or 11(g). If the Survey is cancelled by the Proponent before it is completed, the part of the Estimated Survey Costs that has been expended and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the Proponent. SWALSC must provide a tax invoice of the Survey costs to the Proponent that reconciles the Estimated Survey Costs with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by the chief executive officer of SWALSC or their delegate. If the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the Proponent. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the Proponent shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. If the Proponent receives notification of revised costs from SWALSC under clause 12.2(b), the Proponent will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the Proponent. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) above. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) if either the Proponent or SWALSC is contracting the Aboriginal Heritage Service Provider, the Proponent or SWALSC, as the case may be, will ensure that Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant provides the Parties with: Preliminary Advice (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event to SWALSC within 5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the Proponent within 12 Business Days after the Last Fieldwork Day;.

Appears in 1 contract

Samples: dmp.wa.gov.au

Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If ~~SWALSC is contracting an Aboriginal Heritage Service Provider, and SWALSC’s~~ the Corporation's Activity Notice Response does not identify ~~SWALSC’s nominated~~ the Corporation's proposed Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) ~~the~~ Principal Aboriginal Heritage Consultant, then ~~SWALSC~~ the Corporation will advise the Proponent of these nominations during the Survey Agreement Period. ~~The~~ Subject to clause 9.6(c), the Parties acknowledge ~~that, if SWALSC is contracting an Aboriginal Heritage Service Provider,~~ that the Proponent will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage ~~Consultant (if different)~~Consultant, subject however to the rights of the Proponent under clause ~~16.1(e~~6.1(f)(ii) in the event of delays. The Proponent shall not unreasonably refuse to accept the Corporation's nomination of an Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant. If the Proponent ~~or SWALSC~~ has reasonable concerns about the expense, competence or ~~impartiality~~ professionalism of the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted~~ nominated by ~~SWALSC or~~ the ~~Proponent (as the case may be)~~Corporation, it may request the ~~other Party~~ Corporation to consider another anthropologist, archaeologist or appropriately qualified professional to act as Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). If the ~~Parties~~ Corporation and the Proponent cannot reach agreement on the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted by SWALSC or the Proponent~~ within the Survey Agreement Period, then in addition to and without limiting ~~the Proponent's~~ its general rights under clause ~~16.1(e~~6.1(f)(ii), ~~SWALSC or~~ the Proponent ~~(whichever is the non-contracting party)~~ may nominate ~~an alternative~~ a proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and the ~~other Party~~ Corporation shall ~~promptly~~ respond to any such nomination within 10 Business Days and shall ~~ensure that it does~~ not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). Estimate of time for Survey commencement or completion If following the Activity Notice Response the Corporation and ~~where SWALSC is contracting~~ the ~~Aboriginal Heritage Service Provider the Parties~~ Proponent are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, ~~the Parties~~ they shall agree on such date or dates. Survey Team and commencement of Survey Survey team As soon as possible after the Survey Agreement Date, ~~and where either SWALSC or~~ the ~~Proponent is contracting the Aboriginal Heritage Service Provider, the~~ Corporation's nominated Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant (if appointed~~, after receiving names and contact details of the Aboriginal Consultants from SWALSC in accordance with 8.3(d)(vii~~), will organise a Survey ~~Team (Survey~~ Team), which shall consist of: up to 8 6 Yamatji Consultants who, in the opinion of the Corporation in consultation with the Aboriginal ~~Consultants~~Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be), ~~with~~ equitably represent the Traditional Owners and have appropriate knowledge, experience and authority, as are ~~necessary, in the opinion of the Aboriginal Heritage Service Provider in consultation with SWALSC,~~ necessary to examine the Survey Area and assist in the Survey; ~~and~~ if considered necessary by the Corporation and supported by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the ~~Parties~~Proponent, an Aboriginal ~~Heritage~~ Liaison Officer, who will be responsible for Survey logistics and on-ground operations; ~~and~~ where considered necessary by the ~~Aboriginal Heritage Consultants, SWALSC or~~ Corporation and supported by the Aboriginal Heritage Service ~~Provider~~Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the ~~Parties~~Proponent, another anthropologist of a specific gender; and subject to clause 10.1(b), where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the ~~Parties~~Corporation and the Proponent, including during the course of the Survey, an ~~archaeologist~~archaeologist or an anthropologist as the case may be. Where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by ~~SWALSC~~ the Corporation and the Proponent, more than one archaeologist may be appointed to the Survey Team. The number of paid ~~Aboriginal~~ Yamatji Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have knowledge and authority to speak for those Aboriginal Sites and should be consulted about them is greater than 8; and/or the Survey Area ~~crosses the boundary~~ encompasses more than one area of cultural authority within the Agreement ~~Area and one or more Related Agreement Areas~~Area. In these circumstances the Proponent and ~~SWALSC~~ the Corporation must agree on the number of additional ~~Aboriginal~~ Yamatji Consultants for the Survey Team. Additional ~~Aboriginal~~ Yamatji Consultants may accompany the Survey Team but the Proponent will not be liable for additional costs. The Proponent may send one or two nominees with ~~appropriate~~ relevant qualifications and authority on the Survey to assist the Survey Team conducting the Survey with ~~provision of~~ information and ~~requests~~ direction where required. Commencement and conduct of Survey ~~If SWALSC is contracting~~ Subject to clause 11.1(b), the ~~Aboriginal Heritage Service Provider, SWALSC~~ Corporation will use its, and must ensure ~~that~~ the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses ~~its~~ its, best endeavours to commence the Survey within the time agreed by the ~~Parties~~Corporation and the Proponent, or in the absence of ~~agreement~~ such agreement, within 30 35 Business Days after the Survey Agreement ~~Date unless clauses 11(c) and 18.9 apply, in which case the time for commencement~~ Date. The Proponent will provide to members of the Survey ~~will be extended in accordance with the timeframes set out in the relevant clauses if the Dispute is resolved. SWALSC and/or the Proponent~~ Team (~~depending upon which is contracting the Aboriginal Heritage Service Provider~~and any other attending Traditional Owners) ~~will ensure that~~ before the Survey ~~Team observes~~ commences: details and ~~complies with~~ explanation of any safety and other procedures and policies implemented from time to time by the Proponent over the Survey Area~~. The Proponent will provide SWALSC with details of~~ , including any procedures in relation to extreme heat events including temperatures over 40 degrees Celsius; and explain these procedures and policies in order for SWALSC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The Proponent will also provide members of the Survey Team (and any other attending members of the Agreement Group) with protective clothing and equipment if reasonably necessary in all the circumstances. To the extent that the Proponent has control of the Survey Area, the Proponent shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. SWALSC acknowledges that the members of the Survey Team are not employees of the Proponent, and The Parties acknowledge that the Proponent is not required to have insurance in place for the protection of Survey Team members. The ~~onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team. The~~ Survey Team will as appropriate in the circumstances: visit the Survey Area; ~~and~~ identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service ~~Provider,~~ Provider or ~~any other heritage consultant accompanying~~ Principal Aboriginal Heritage Consultant (as the ~~Survey Team~~case may be), to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; ~~and~~ in the case of a Site Identification Survey, record relevant Aboriginal Site information ~~or,~~ for the purposes of completing and submitting a Heritage Information Submission Form (accessible via the Heritage Department's website at xxx.xxxx.xx.xxx.xx); in the case of a Site Avoidance Survey, record the area to be ~~avoided~~avoided and why it could reasonably be suspected to be a site to which the AHA applies, on but not for the purposes of completing and submitting a Heritage Information Submission ~~Form~~Form (accessible via the Heritage Department's website at xxx.xxxx.xx.xxx.xx) unless the Traditional Owners so agree; ~~and~~ xxxx the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; ~~and~~ make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; when an Aboriginal Heritage Act Section 16 Application or Aboriginal Heritage Act Section 18 Application is to be lodged, record sufficient information to address DPLH’s requirements for such an application (including the information referred to in clause 10.2(d)(iii)(B) and (C), as applicable); and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to ~~Aboriginal Heritage~~ concerns raised by the Yamatji Consultants about an Aboriginal ~~Consultants~~Site or an Aboriginal Object, the representatives of the Proponent nominated under clause 10.1(e): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage ~~Information or other information pertaining to Aboriginal Sites~~Information; and may make modifications to the Activity ~~Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology~~Program. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The Proponent shall pay the costs and expenses of the Survey at the rates set out in Schedule 5. The Proponent agrees to pay ~~100~~50% of the ~~approved~~ Estimated Survey Costs ~~to SWALSC: within 10 Business Days before~~ in advance of the commencement of the Survey~~, or~~ . If the Proponent does not pay that component of the costs referred to in clause 11(a) within 10 the period of 20 Business Days after the ~~approval~~ Survey Agreement Date (or by such earlier date agreed for the commencement of the ~~Estimated~~ Survey ~~Costs under clause 9.5(b)~~as may be applicable) and in any event no later than 48 hours before the Survey commences, ~~whichever is~~ the ~~earlier (~~Corporation may, at its discretion, advise the ~~Relevant Period). If~~ Proponent by notice in writing that: the Survey cannot commence until payment has been made; and notwithstanding any other provisions of this YPSHA: the date on which that payment will be deemed to be the new Survey Agreement Date; the date for commencement of the Survey will be 30 Business Days after the new Survey Agreement Date, unless otherwise agreed between the Parties; and if the dates have been agreed for the completion of the fieldwork for a Survey or the Survey Report, such dates are to be altered to reflect the delayed date for commencement of the Survey arising from the operation of this clause, unless otherwise agreed between the Parties, provided that if the Proponent fails to ~~pay the Estimated Survey Costs~~ make payment within ~~the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or~~ 14 Business Days after ~~the first Business Day following the end~~ receipt of the ~~Relevant Period. The monies constituting~~ notice under this clause, the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment default provisions of ~~the Estimated Survey Costs and any repayment to the Proponent under~~ clause ~~11(e) or 11(g)~~18 will apply. If the Survey is cancelled by the Proponent before it is completed, the part of the ~~Estimated Survey Costs~~ administration fee that has been ~~expended~~ advanced and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the Proponent. ~~SWALSC~~ The monies constituting the Estimated Survey Costs must be: held by the Corporation in an account in the Corporation's name; and used only for the payment of the Estimated Survey Costs and any repayment to the Proponent under clause 11(e). The balance of the Estimated Survey Costs will be paid within 21 days after receipt of the Survey Report by the Proponent. The Corporation must provide a tax invoice of the Estimated Survey ~~costs to the Proponent~~ Costs that reconciles the ~~Estimated Survey Costs~~ costs estimated, and any costs advanced under clause 11.1(b), with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by ~~the chief executive~~ an authorised officer of ~~SWALSC or their delegate. If~~ the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the Proponent. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the Proponent shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. If the Proponent receives notification of revised costs from SWALSC under clause 12.2(b), the Proponent will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the Proponent. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) aboveCorporation. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) if either the Proponent or SWALSC is contracting the Aboriginal Heritage Service Provider, the Proponent or SWALSC, as the case may be, will ensure that Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant provides the Parties with: Preliminary Advice (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event to SWALSC within 5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the Proponent within 12 Business Days after the Last Fieldwork Day;Report

Appears in 1 contract

Samples: www.dmp.wa.gov.au

Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If ~~SWALSC is contracting an Aboriginal Heritage Service Provider, and SWALSC’s~~ the PBC's Activity Notice Response does not identify ~~SWALSC’s~~ the Native Title Group's nominated Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) ~~the~~ Principal Aboriginal Heritage Consultant, then ~~SWALSC~~ the PBC will advise the Proponent of these nominations during the Survey Agreement Period. ~~The~~ Subject to clause 9.6(c), the Parties acknowledge ~~that, if SWALSC is contracting an Aboriginal Heritage Service Provider,~~ that the Proponent will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage ~~Consultant (if different)~~Consultant, subject however to the rights of the Proponent under clause ~~16.1(e~~6.1(f)(iii) in the event of delays. If the Proponent ~~or SWALSC~~ has reasonable concerns about the ~~expense,~~ competence or ~~impartiality~~ professionalism of the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted~~ nominated by ~~SWALSC or~~ the ~~Proponent (as the case may be)~~Native Title Group, it may request the ~~other Party~~ PBC to request that the Native Title Group consider another anthropologist, archaeologist or appropriately qualified professional to act as Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). If the Parties cannot reach agreement on the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted by SWALSC or the Proponent~~ within the Survey Agreement Period, then in addition to and without limiting ~~the Proponent's~~ its general rights under clause ~~16.1(e~~6.1(f)(iii), ~~SWALSC or~~ the Proponent ~~(whichever is the non-contracting party)~~ may nominate ~~an alternative~~ a proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and the ~~other Party~~ PBC shall promptly respond to any such nomination and shall ensure that it the Native Title Group does not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). Estimate of time for Survey commencement or completion If following the Activity Notice Response ~~and where SWALSC is contracting the Aboriginal Heritage Service Provider~~ the Parties are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, the Parties shall agree on such date or dates. Survey Team and commencement of Survey Survey ~~team~~ Team As soon as possible after the Survey Agreement Date, ~~and where either SWALSC~~ the PBC or the ~~Proponent is contracting the Aboriginal Heritage Service Provider, the~~ Native Title Group's nominated Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant (if appointed~~, after receiving names and contact details of the Aboriginal Consultants from SWALSC in accordance with 8.3(d)(vii~~), will organise a Survey ~~Team (Survey~~ Team), which shall consist of: up to 8 6 Aboriginal Consultants, with appropriate experience and authority, as are necessary, in the opinion of the PBC in consultation with the Aboriginal Heritage Service Provider ~~in consultation with SWALSC~~or Principal Aboriginal Heritage Consultant (as the case may be), to examine the Survey Area and assist in the Survey; ~~and~~ if considered necessary by the PBC and supported by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the Parties, an Aboriginal Heritage Liaison Officer, who will be responsible for Survey logistics and ~~on-ground~~ on‑ground operations; ~~and~~ where considered necessary by the ~~Aboriginal Heritage Consultants, SWALSC or~~ PBC and supported by the Aboriginal Heritage Service ~~Provider~~Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the Parties, another anthropologist of a specific gender; and where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the Parties, including during the course of the Survey, an archaeologist. Where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by ~~SWALSC and~~ the ~~Proponent~~Parties, more than one archaeologist may be appointed to the Survey Team. The number of paid Aboriginal Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have authority to speak for those Aboriginal Sites and should be consulted about them is greater than 8; and/or the Survey Area crosses the boundary ). Additional members of the Agreement Area and one or more Related Agreement Areas. In these circumstances the Proponent and SWALSC must agree on the number of additional Aboriginal Consultants for the Survey Team. Additional Aboriginal Consultants Native Title Group may accompany the Survey Team but the Proponent will not be liable for additional costs. The Proponent may send one or two nominees with ~~appropriate~~ relevant qualifications and authority on the Survey to assist the Survey Team conducting the Survey with ~~provision of~~ information and ~~requests~~ direction where required. Commencement and conduct of Survey ~~If SWALSC is contracting~~ Subject to clause 11.1(c), the ~~Aboriginal Heritage Service Provider, SWALSC~~ PBC will use its, and must ensure that the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses its best endeavours to commence the Survey within the time agreed by the Parties, or in the absence of ~~agreement~~ such agreement, within 30 Business Days after the Survey Agreement ~~Date unless clauses 11(c) and 18.9 apply, in which case~~ Date. The Proponent will provide to the ~~time for commencement~~ members of the Survey ~~will be extended in accordance with~~ Team (and any other attending members of the ~~timeframes set out in the relevant clauses if the Dispute is resolved. SWALSC and/or the Proponent (depending upon which is contracting the Aboriginal Heritage Service Provider~~Native Title Group) ~~will ensure that~~ before the Survey ~~Team observes~~ commences: details and ~~complies with~~ explanation of any safety and other procedures and policies implemented from time to time by the Proponent over the Survey Area~~. The Proponent will provide SWALSC with details of~~ ; and explain these procedures and policies in order for SWALSC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The Proponent will also provide members of the Survey Team (and any other attending members of the Agreement Group) with protective clothing and equipment if reasonably necessary in all the circumstances. To the extent that the Proponent has control of the Survey Area, the Proponent shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. SWALSC acknowledges that the members of the Survey Team are not employees of the Proponent, and The Parties acknowledge that the Proponent is not required to have insurance in place for the protection of Survey Team members. The ~~onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team. The~~ Survey Team will as appropriate in the circumstances: visit the Survey Area; ~~and~~ identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service ~~Provider~~Provider or Principal Aboriginal Heritage Consultant (as the case may be), or any other heritage consultant accompanying the Survey Team, to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; ~~and~~ record relevant Aboriginal Site information or, in the case of a Site Avoidance Survey, the area to be ~~avoided~~avoided and why it could reasonably be suspected to be a site to which the AHA applies, on a Heritage Information Submission Form; ~~and xxxx~~ mark the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; ~~and~~ make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; when an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application is to be lodged, record sufficient information to address DAA's requirements for such an application; and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to ~~Aboriginal Heritage~~ concerns raised by the Aboriginal ~~Consultants~~Consultants about an Aboriginal Site or an Aboriginal Object, the representatives of the Proponent nominated under clause ~~10.1(e~~10.1(d): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage ~~Information or other information pertaining to Aboriginal Sites~~Information; and may make modifications to the Activity ~~Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology~~Program. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The Proponent shall pay the costs and expenses of the Survey at the rates set out in Schedule 56. The Proponent agrees to ~~pay 100%~~ pay, in advance of ~~the approved Estimated Survey Costs to SWALSC: within 10 Business Days before~~ the commencement of the Survey, or the following components of the approved estimated costs: 50% of the estimated administration fee; and any disbursements that are to be paid by the Aboriginal Heritage Service Provider prior to the fieldwork component of the Survey being completed. If the Proponent does not pay that component of the costs referred to in clause 11.1(b)(i) above within 10 the period of 20 Business Days after the ~~approval~~ Survey Agreement Date (or by such earlier date agreed for the commencement of the ~~Estimated~~ Survey ~~Costs under clause 9.5(b~~as may be applicable), ~~whichever~~ the PBC may, at its discretion, advise the Proponent by notice in writing that: the Survey cannot commence until payment has been made; and notwithstanding any other provisions of this PSHA: the date on which that payment is made will be deemed to be the ~~earlier (~~new Survey Agreement Date; the ~~Relevant Period). If~~ date for commencement of the Survey will be 30 Business Days after the new Survey Agreement Date, unless otherwise agreed between the Parties; and if dates have been agreed for the completion of the fieldwork for a Survey or the Survey Report, such dates are to be altered to reflect the delayed date for commencement of the Survey arising from the operation of this clause, unless otherwise agreed between the Parties, provided that if the Proponent fails to ~~pay the Estimated Survey Costs~~ make payment within ~~the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or~~ 14 Business Days after ~~the first Business Day following the end~~ receipt of the ~~Relevant Period. The monies constituting~~ notice under this clause, the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment default provisions of ~~the Estimated Survey Costs and any repayment to the Proponent under~~ clause ~~11(e) or 11(g)~~16 will apply. If the Survey is cancelled by the Proponent before it is completed, the part of the ~~Estimated Survey Costs~~ administration fee that has been ~~expended~~ advanced and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the Proponent. ~~SWALSC~~ The balance of the Survey costs will be paid within 21 days after receipt of the Survey Report by the Proponent. The PBC must provide a tax invoice of the Survey costs ~~to the Proponent~~ that reconciles the ~~Estimated Survey Costs~~ costs estimated, and any costs advanced under clause 11.1(b), with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by the chief executive officer of ~~SWALSC or their delegate. If~~ the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the Proponent. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the Proponent shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. If the Proponent receives notification of revised costs from SWALSC under clause 12.2(b), the Proponent will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the Proponent. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) abovePBC. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) ~~if either~~ the ~~Proponent or SWALSC is contracting the Aboriginal Heritage Service Provider, the Proponent or SWALSC, as the case may be,~~ PBC will ensure that the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be) provides the Parties with: Preliminary Advice (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event ~~to SWALSC~~ within ~~5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the Proponent within 12~~ 7 Business Days after the Last Fieldwork Day;; a draft Survey Report (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event within 20 Business Days after the Last Fieldwork Day, to enable the Parties to comment on it; and a final Survey Report as soon as reasonably practicable, and in any event within 35 Business Days after the Last Fieldwork Day. Requests for reports Notwithstanding the relevant nominations by the Proponent in the Activity Notice under Part 1.2(f) of Schedule 5, the Proponent may by notice in writing request the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) to provide a Preliminary Advice or draft Survey Report, at any time, subject to this clause. The Proponent shall provide a copy of any notice under this clause to the PBC at the same time as notifying the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be). The Proponent acknowledges that a notification under clause 12.2(a) may impact on the times and costs for the Survey, and the PBC shall ensure that any revised times and costs are notified promptly to the Proponent.

Appears in 1 contract

Samples: www.dmp.wa.gov.au

Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If ~~SWALSC is contracting an Aboriginal Heritage Service Provider, and SWALSC’s~~ the PBC's Activity Notice Response does not identify ~~SWALSC’s~~ the Native Title Group's nominated Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) ~~the~~ Principal Aboriginal Heritage Consultant, then ~~SWALSC~~ the PBC will advise the Proponent of these nominations during the Survey Agreement Period. ~~The~~ Subject to clause 9.6(c), the Parties acknowledge ~~that, if SWALSC is contracting an Aboriginal Heritage Service Provider,~~ that the Proponent will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage ~~Consultant (if different)~~Consultant, subject however to the rights of the Proponent under clause ~~16.1(e~~6.1(f)(iii) in the event of delays. If the Proponent ~~or SWALSC~~ has reasonable concerns about the ~~expense,~~ competence or ~~impartiality~~ professionalism of the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted~~ nominated by ~~SWALSC or~~ the ~~Proponent (as the case may be)~~Native Title Group, it may request the ~~other Party~~ PBC to request that the Native Title Group consider another anthropologist, archaeologist or appropriately qualified professional to act as Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). If the Parties cannot reach agreement on the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be) ~~to be contracted by SWALSC or the Proponent~~ within the Survey Agreement Period, then in addition to and without limiting ~~the Proponent's~~ its general rights under clause ~~16.1(e~~6.1(f)(iii), ~~SWALSC or~~ the Proponent ~~(whichever is the non-contracting party)~~ may nominate ~~an alternative~~ a proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and the ~~other Party~~ PBC shall promptly respond to any such nomination and shall ensure that it the Native Title Group does not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or ~~the~~ Principal Aboriginal Heritage Consultant (as the case may be). Estimate of time for Survey commencement or completion If following the Activity Notice Response ~~and where SWALSC is contracting the Aboriginal Heritage Service Provider~~ the Parties are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, the Parties shall agree on such date or dates. Survey Team and commencement of Survey Survey ~~team~~ Team As soon as possible after the Survey Agreement Date, ~~and where either SWALSC~~ the PBC or the ~~Proponent is contracting the Aboriginal Heritage Service Provider, the~~ Native Title Group's nominated Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant (if appointed~~, after receiving names and contact details of the Aboriginal Consultants from SWALSC in accordance with 8.3(d)(vii~~), will organise a Survey ~~Team (Survey~~ Team), which shall consist of: up to 8 6 Aboriginal Consultants, with appropriate experience and authority, as are necessary, in the opinion of the PBC in consultation with the Aboriginal Heritage Service Provider ~~in consultation with SWALSC~~or Principal Aboriginal Heritage Consultant (as the case may be), to examine the Survey Area and assist in the Survey; ~~and~~ if considered necessary by the PBC and supported by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the Parties, an Aboriginal Heritage Liaison Officer, who will be responsible for Survey logistics and ~~on-ground~~ on‑ground operations; ~~and~~ where considered necessary by the ~~Aboriginal Heritage Consultants, SWALSC or~~ PBC and supported by the Aboriginal Heritage Service ~~Provider~~Provider or Principal Aboriginal Heritage Consultant (as the case may be), and agreed to by the Parties, another anthropologist of a specific gender; and where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by the Parties, including during the course of the Survey, an archaeologist. Where considered necessary by the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) and agreed to by ~~SWALSC and~~ the ~~Proponent~~Parties, more than one archaeologist may be appointed to the Survey Team. The number of paid Aboriginal Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have authority to speak for those Aboriginal Sites and should be consulted about them is greater than 8; and/or the Survey Area crosses the boundary ). Additional members of the Agreement Area and one or more Related Agreement Areas. In these circumstances the Proponent and SWALSC must agree on the number of additional Aboriginal Consultants for the Survey Team. Additional Aboriginal Consultants Native Title Group may accompany the Survey Team but the Proponent will not be liable for additional costs. The Proponent may send one or two nominees with ~~appropriate~~ relevant qualifications and authority on the Survey to assist the Survey Team conducting the Survey with ~~provision of~~ information and ~~requests~~ direction where required. Commencement and conduct of Survey ~~If SWALSC is contracting~~ Subject to clause 11.1(c), the ~~Aboriginal Heritage Service Provider, SWALSC~~ PBC will use its, and must ensure that the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses its best endeavours to commence the Survey within the time agreed by the Parties, or in the absence of ~~agreement~~ such agreement, within 30 Business Days after the Survey Agreement ~~Date unless clauses 11(c) and 18.9 apply, in which case~~ Date. The Proponent will provide to the ~~time for commencement~~ members of the Survey ~~will be extended in accordance with~~ Team (and any other attending members of the ~~timeframes set out in the relevant clauses if the Dispute is resolved. SWALSC and/or the Proponent (depending upon which is contracting the Aboriginal Heritage Service Provider~~Native Title Group) ~~will ensure that~~ before the Survey ~~Team observes~~ commences: details and ~~complies with~~ explanation of any safety and other procedures and policies implemented from time to time by the Proponent over the Survey Area~~. The Proponent will provide SWALSC with details of~~ ; and explain these procedures and policies in order for SWALSC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The Proponent will also provide members of the Survey Team (and any other attending members of the Agreement Group) with protective clothing and equipment if reasonably necessary in all the circumstances. To the extent that the Proponent has control of the Survey Area, the Proponent shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. SWALSC acknowledges that the members of the Survey Team are not employees of the Proponent, and The Parties acknowledge that the Proponent is not required to have insurance in place for the protection of Survey Team members. The ~~onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team. The~~ Survey Team will as appropriate in the circumstances: visit the Survey Area; ~~and~~ identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service ~~Provider~~Provider or Principal Aboriginal Heritage Consultant (as the case may be), or any other heritage consultant accompanying the Survey Team, to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; ~~and~~ record relevant Aboriginal Site information or, in the case of a Site Avoidance Survey, the area to be ~~avoided~~avoided and why it could reasonably be suspected to be a site to which the AHA applies, on a Heritage Information Submission Form; ~~and~~ xxxx the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; ~~and~~ make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; when an Aboriginal Heritage Act Section 16 Application or an Aboriginal Heritage Act Section 18 Application is to be lodged, record sufficient information to address DAA's requirements for such an application; and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to ~~Aboriginal Heritage~~ concerns raised by the Aboriginal ~~Consultants~~Consultants about an Aboriginal Site or an Aboriginal Object, the representatives of the Proponent nominated under clause ~~10.1(e~~10.1(d): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage ~~Information or other information pertaining to Aboriginal Sites~~Information; and may make modifications to the Activity ~~Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology~~Program. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The Proponent shall pay the costs and expenses of the Survey at the rates set out in Schedule 56. The Proponent agrees to ~~pay 100%~~ pay, in advance of ~~the approved Estimated Survey Costs to SWALSC: within 10 Business Days before~~ the commencement of the Survey, or the following components of the approved estimated costs: 50% of the estimated administration fee; and any disbursements that are to be paid by the Aboriginal Heritage Service Provider prior to the fieldwork component of the Survey being completed. If the Proponent does not pay that component of the costs referred to in clause 11.1(b)(i) above within 10 the period of 20 Business Days after the ~~approval~~ Survey Agreement Date (or by such earlier date agreed for the commencement of the ~~Estimated~~ Survey ~~Costs under clause 9.5(b~~as may be applicable), ~~whichever~~ the PBC may, at its discretion, advise the Proponent by notice in writing that: the Survey cannot commence until payment has been made; and notwithstanding any other provisions of this PSHA: the date on which that payment is made will be deemed to be the ~~earlier (~~new Survey Agreement Date; the ~~Relevant Period). If~~ date for commencement of the Survey will be 30 Business Days after the new Survey Agreement Date, unless otherwise agreed between the Parties; and if dates have been agreed for the completion of the fieldwork for a Survey or the Survey Report, such dates are to be altered to reflect the delayed date for commencement of the Survey arising from the operation of this clause, unless otherwise agreed between the Parties, provided that if the Proponent fails to ~~pay the Estimated Survey Costs~~ make payment within ~~the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or~~ 14 Business Days after ~~the first Business Day following the end~~ receipt of the ~~Relevant Period. The monies constituting~~ notice under this clause, the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment default provisions of ~~the Estimated Survey Costs and any repayment to the Proponent under~~ clause ~~11(e) or 11(g)~~16 will apply. If the Survey is cancelled by the Proponent before it is completed, the part of the ~~Estimated Survey Costs~~ administration fee that has been ~~expended~~ advanced and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the Proponent. ~~SWALSC~~ The balance of the Survey costs will be paid within 21 days after receipt of the Survey Report by the Proponent. The PBC must provide a tax invoice of the Survey costs ~~to the Proponent~~ that reconciles the ~~Estimated Survey Costs~~ costs estimated, and any costs advanced under clause 11.1(b), with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by the chief executive officer of ~~SWALSC or their delegate. If~~ the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the Proponent. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the Proponent shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. If the Proponent receives notification of revised costs from SWALSC under clause 12.2(b), the Proponent will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the Proponent. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) abovePBC. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) ~~if either~~ the ~~Proponent or SWALSC is contracting the Aboriginal Heritage Service Provider, the Proponent or SWALSC, as the case may be,~~ PBC will ensure that the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be) provides the Parties with: Preliminary Advice (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event ~~to SWALSC~~ within ~~5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the Proponent within 12~~ 7 Business Days after the Last Fieldwork Day;; a draft Survey Report (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event within 20 Business Days after the Last Fieldwork Day, to enable the Parties to comment on it; and a final Survey Report as soon as reasonably practicable, and in any event within 35 Business Days after the Last Fieldwork Day. Requests for reports Notwithstanding the relevant nominations by the Proponent in the Activity Notice under Part 1.2(f) of Schedule 5, the Proponent may by notice in writing request the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be) to provide a Preliminary Advice or draft Survey Report, at any time, subject to this clause. The Proponent shall provide a copy of any notice under this clause to the PBC at the same time as notifying the Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant (as the case may be). The Proponent acknowledges that a notification under clause 12.2(a) may impact on the times and costs for the Survey, and the PBC shall ensure that any revised times and costs are notified promptly to the Proponent.

Appears in 1 contract

Samples: www.dmp.wa.gov.au

Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant. If ~~SWALSC~~ the RC is contracting an Aboriginal Heritage Service Provider, and ~~SWALSC~~the RC’s Activity Notice Response does not identify ~~SWALSC~~the RC’s nominated Aboriginal Heritage Service Provider and (if different to the Aboriginal Heritage Service Provider) the Principal Aboriginal Heritage Consultant, then ~~SWALSC~~ the RC will advise the Proponent of these nominations during the Survey Agreement Period. The Parties acknowledge that, if ~~SWALSC~~ the RC is contracting an Aboriginal Heritage Service Provider, the Proponent will not usually have any role in nominating an Aboriginal Heritage Service Provider or a Principal Aboriginal Heritage Consultant (if different), subject however to the rights of the Proponent under clause 16.1(e) in the event of delays. If the Proponent or ~~SWALSC~~ the RC has reasonable concerns about the expense, competence or impartiality of the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be) to be contracted by ~~SWALSC~~ the RC or the Proponent (as the case may be), it may request the other Party to consider another anthropologist, archaeologist or appropriately qualified professional to act as Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be). If the Parties cannot reach agreement on the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be) to be contracted by ~~SWALSC~~ the RC or the Proponent within the Survey Agreement Period, then in addition to and without limiting the Proponent's general rights under clause 16.1(e), ~~SWALSC~~ the RC or the Proponent (whichever is the non-contracting party) may nominate an alternative proposed Aboriginal Heritage Service Provider or Principal Aboriginal Heritage Consultant and the other Party shall promptly respond to any such nomination and shall ensure that it does not unreasonably withhold its approval to appointing such nominee as the Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant (as the case may be). Estimate of time for Survey commencement or completion If following the Activity Notice Response and where ~~SWALSC~~ the RC is contracting the Aboriginal Heritage Service Provider the Parties are not in agreement about the date of commencement of fieldwork for the Survey or the date of completion of fieldwork for the Survey (as the case may be), then during the Survey Agreement Period, the Parties shall agree on such date or dates. Survey Team and commencement of Survey Survey team As soon as possible after the Survey Agreement Date, and where either ~~SWALSC~~ the RC or the Proponent is contracting the Aboriginal Heritage Service Provider, the Aboriginal Heritage Service Provider, in conjunction with the Principal Aboriginal Heritage Consultant if appointed, after receiving names and contact details of the Aboriginal Consultants from ~~SWALSC~~ the RC in accordance with 8.3(d)(vii), will organise a Survey Team (Survey Team), which shall consist of: up to 8 Aboriginal Consultants, with appropriate experience and authority, as are necessary, in the opinion of the Aboriginal Heritage Service Provider in consultation with ~~SWALSC~~the RC, to examine the Survey Area and assist in the Survey; and if considered necessary by the Aboriginal Heritage Service Provider and agreed to by the Parties, an Aboriginal Heritage Liaison Officer, who will be responsible for Survey logistics and on-ground operations; and where considered necessary by the Aboriginal Heritage Consultants, ~~SWALSC~~ the RC or the Aboriginal Heritage Service Provider, and agreed to by the Parties, another anthropologist of a specific gender; and where the Survey being conducted is a Site Identification Survey, or where considered necessary by the Aboriginal Heritage Service Provider and agreed to by the Parties, including during the course of the Survey, an archaeologist. Where considered necessary by the Aboriginal Heritage Service Provider and agreed to by ~~SWALSC~~ the RC and the Proponent, more than one archaeologist may be appointed to the Survey Team. The number of paid Aboriginal Consultants to be appointed to the Survey Team will not be more than the number specified in clause 10.1(a)(i) unless particular circumstances can be demonstrated to exist including, for example: a large number of registered Aboriginal Sites are known to exist within a Survey Area and the number of Aboriginal people who have authority to speak for those Aboriginal Sites and should be consulted about them is greater than 8; and/or the Survey Area crosses the ~~boundary~~ boundaries of ~~the Agreement Area and one~~ two or more ~~Related Agreement Areas~~RCs. In these circumstances the Proponent and ~~SWALSC~~ the RCs must agree on the number of additional Aboriginal Consultants for the Survey Team. Additional Aboriginal Consultants may accompany the Survey Team but the Proponent will not be liable for additional costs. The Proponent may send one or two nominees with appropriate authority on the Survey to assist the Survey Team conducting the Survey with provision of information and requests where required. Commencement and conduct of Survey If ~~SWALSC~~ the RC is contracting the Aboriginal Heritage Service Provider, ~~SWALSC~~ the RC will use its, and must ensure that the Aboriginal Heritage Service Provider and the Principal Aboriginal Heritage Consultant (if different to the Aboriginal Heritage Service Provider) each uses its best endeavours to commence the Survey within the time agreed by the Parties, or in the absence of agreement within 30 Business Days after the Survey Agreement Date unless clauses 11(c) and 18.9 apply, in which case the time for commencement of the Survey will be extended in accordance with the timeframes set out in the relevant clauses if the Dispute is resolved. ~~SWALSC~~ The RC and/or the Proponent (depending upon which is contracting the Aboriginal Heritage Service Provider) will ensure that the Survey Team observes and complies with any safety and other procedures and policies implemented from time to time by the Proponent over the Survey Area. The Proponent will provide ~~SWALSC~~ the RC with details of and explain these procedures and policies in order for ~~SWALSC~~ the RC to provide these details and explain the procedures and policies to the Aboriginal Consultants before the Survey commences. The Proponent will also provide members of the Survey Team (and any other attending members of the ~~Agreement Group~~RC) with protective clothing and equipment if reasonably necessary in all the circumstances. To the extent that the Proponent has control of the Survey Area, the Proponent shall take such measures as are practicable to ensure that the members of the Survey Team are not exposed to hazards. ~~SWALSC~~ The RC acknowledges that the members of the Survey Team are not employees of the Proponent, and that the Proponent is not required to have insurance in place for the protection of Survey Team members. The onus is on the Party contracting the Aboriginal Heritage Service Provider to ensure that the Aboriginal Heritage Service Provider has insurance in place to adequately cover the Survey Team. The Survey Team will as appropriate in the circumstances: visit the Survey Area; and identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area to be avoided due to the presence of an Aboriginal Site; and provide sufficient information to the Aboriginal Heritage Service Provider, or any other heritage consultant accompanying the Survey Team, to enable them to: record the external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area to be avoided due to the presence of an Aboriginal Site, using a GPS; and record relevant Aboriginal Site information or, in the case of a Site Avoidance Survey, the area to be avoided, on a Heritage Information Submission Form; and xxxx the external boundaries of identified Aboriginal Sites or, in the case of a Site Avoidance Survey, the external boundaries of the area to be avoided due to the presence of an Aboriginal Site, on a map; and make recommendations for the protection and management of any Aboriginal Site identified by the Survey Team; and generally, prepare a Survey Report that complies with the requirements of clause 12. When in the field, and in response to Aboriginal Heritage concerns raised by the Aboriginal Consultants, the representatives of the Proponent nominated under clause 10.1(e): shall withdraw from discussion and inspections in order to ensure the confidentiality of Sensitive Heritage Information or other information pertaining to Aboriginal Sites; and may make modifications to the Activity Program and the Survey Team will then proceed to assess the Aboriginal Heritage significance of the modified Activity Program in accordance with the applicable Survey Methodology. Payment for Surveys when SWALSC is contracting the Aboriginal Heritage Service Provider Where SWALSC has elected to contract an Aboriginal Heritage Service Provider or to perform the functions of the Aboriginal Heritage Service Provider under clause 8.3(d)(v), the following provisions apply: The Proponent shall pay the costs and expenses of the Survey at the rates set out in Schedule 5. The Proponent agrees to pay 100% of the approved Estimated Survey Costs to SWALSC: within 10 Business Days before the commencement of the Survey, or within 10 Business Days after the approval of the Estimated Survey Costs under clause 9.5(b), whichever is the earlier (the Relevant Period). If the Proponent fails to pay the Estimated Survey Costs within the Relevant Period SWALSC may serve a notice of Dispute in accordance with clause 18.9(a) on or after the first Business Day following the end of the Relevant Period. The monies constituting the Estimated Survey Costs must be: held by SWALSC in an account established specifically for survey costs at a bank and must be kept separate from all other bank accounts of, or monies received or held by, SWALSC; and used only for the payment of the Estimated Survey Costs and any repayment to the Proponent under clause 11(e) or 11(g). If the Survey is cancelled by the Proponent before it is completed, the part of the Estimated Survey Costs that has been expended and any of the disbursements that have been paid and cannot be recovered will be forfeited and the balance will be refunded to the Proponent. SWALSC must provide a tax invoice of the Survey costs to the Proponent that reconciles the Estimated Survey Costs with the costs incurred. This tax invoice must be accompanied by all relevant receipts and invoices, and any other relevant supporting documentation, and must be certified as correct by the chief executive officer of SWALSC or their delegate. If the costs incurred are less than the Estimated Survey Costs, SWALSC shall refund the balance of the monies paid in accordance with clause 11(b) to the Proponent. If the costs incurred exceed the Estimated Survey Costs by 5% or less, the Proponent shall pay the additional amount to SWALSC within 20 Business Days of receiving a tax invoice (accompanied by all relevant receipts and invoices and any other relevant supporting documentation) that must be certified as correct by the chief executive officer of SWALSC or their delegate. If the Proponent receives notification of revised costs from SWALSC under clause 12.2(b), the Proponent will pay 100% of any additional costs to SWALSC within 10 Business Days of their approval by the Proponent. Once paid, these monies will be added to the Estimated Survey Costs and dealt with in accordance with (c) – (h) above. Survey Report Timing of Preliminary Advice and Survey Report After the last day of fieldwork for a Survey (Last Fieldwork Day) if either the Proponent or SWALSC is contracting the Aboriginal Heritage Service Provider, the Proponent or SWALSC, as the case may be, will ensure that Aboriginal Heritage Service Provider or the Principal Aboriginal Heritage Consultant provides the Parties with: Preliminary Advice (if requested by the Proponent in the Activity Notice or at any other time under clause 12.2), as soon as reasonably practicable, and in any event to SWALSC within 5 Business Days after the Last Fieldwork Day and, after taking into account any comments from SWALSC, to the Proponent within 12 Business Days after the Last Fieldwork Day;.

Appears in 1 contract

Samples: Noongar Standard Heritage Agreement

Common use of Selection of Aboriginal Heritage Service Provider and Principal Aboriginal Heritage Consultant Clause in Contracts