Aboriginal Cultural Heritage Act 2003

After the hearing has been completed, the Land Court must recommend to the Minister—

if the objection was to a recording of the findings of the cultural heritage study in the register—

that the Minister confirm the recording of the findings of the study in the register; or

that the Minister take the findings of the study out of the register; or

that the Minister amend the findings recorded in the register in accordance with details included in the recommendation; or

if the objection was to a refusal to record the findings of the cultural heritage study in the register—

that the Minister confirm the refusal to record the findings of the study in the register; or

that the Minister record the findings of the study in the register; or

that the Minister record the findings of the study in the register after amendment of the findings in accordance with details included in the recommendation.

Subsection (1) does not stop the Land Court, before making its recommendation to the Minister, from helping the parties to negotiate changes to the cultural heritage study.

For making a recommendation to the Minister about the cultural heritage study, the Land Court—

must have regard to the matters about which the chief executive was required to be satisfied before recording the findings of the study; and

may include in its considerations the nature and extent of consultation held in carrying out the study.

Subsection (1) does not authorise the Land Court to assume the role of an endorsed party for the study for assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects.