Torres Strait Islander Cultural Heritage Act 2003

This section applies if, for a part of the study area (the relevant part)—

there is no Torres Strait Islander cultural heritage body; and

there is no Torres Strait Islander party that is a native title party for the part.

The sponsor must ensure that a public notice (public notice (proposed study)) is published in a newspaper circulating generally in the relevant part.

If there is an approved form for the public notice (proposed study), the notice must be in the approved form.

The public notice (proposed study) must be published as close as practicable to the time the written notice (proposed study) is given.

The public notice (proposed study) must—

be directed to Torres Strait Islander parties for the relevant part; and

advise the sponsor’s name and contact details, including the sponsor’s address for service; and

advise that the sponsor intends to carry out the cultural heritage study; and

describe the study area for the study and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the study area’s location in relation to the nearest town, using bearings and approximate distances; and

describe the relevant part, if it is less extensive than the study area; and

advise that if a Torres Strait Islander party for the relevant part wishes to take part in the study, it must give a written notice to the sponsor that the party wishes to take part in the study; and

state the notice day (proposed study) for the study, and advise the time by which the sponsor must be given the written notice that the party wishes to take part in the study; and

advise that a Torres Strait Islander party might not be endorsed to take part in the study if it does not give the sponsor the written notice within the required time.

For subsection (5)(g), the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in the study must be—

the end of 30 days after the notice day (proposed study) for the study; or

a later time decided by the sponsor.