ACH management plans
77 ACH management plans
In this section —
ACH management plan has the meaning that was given in section 137(1) of the 2021 Act.
An approval or authorisation of an ACH management plan that is given before repeal day on an application made under section 147(1) or 157(1) of the 2021 Act (whether or not the approval or authorisation takes effect before repeal day) is, on and after repeal day —
a consent given under section 18(3)(a); and
subject to section 18 accordingly.
The consent includes the approved or authorised ACH management plan.
The consent is subject to the condition in section 18(6)(c) and, for the purposes of that condition, the day on which the consent is given is the day on which the approval or authorisation of the ACH management plan is given.
In relation to the consent, in the definition of new information about an Aboriginal site in section 18(1AA) —
the reference to a person who made a decision to give, amend or confirm the consent includes a reference to, as the case requires —
the ACH Council as the body that decided to give the approval of the ACH management plan; or
the Minister in relation to the 2021 Act as the person who decided to give the authorisation of the ACH management plan;
and
accordingly, the reference to the purposes of making the decision includes a reference to the purposes of making the decision to give the approval or authorisation of the ACH management plan.
For the purposes of section 18(5), the effect of subsection (2) is not to be regarded as a decision of the Minister.
Subsection (8) applies to an application made under section 147(1) of the 2021 Act before repeal day if none of the following occurs before repeal day —
the ACH Council refuses to consider, or consider further, the application under section 149 of the 2021 Act;
the ACH Council approves the ACH management plan to which the application relates (whether or not the approval takes effect before repeal day);
the ACH Council refuses to approve the ACH management plan to which the application relates.
On and after repeal day, the application is taken to be a notice given to the Committee under section 18(2) and is to be dealt with accordingly.
If a consent is given under section 18(3)(a) in relation to the notice, the consent is subject to the condition in section 18(6)(c).
Subsection (11) applies to an application made under section 157(1) of the 2021 Act before repeal day if none of the following occurs before repeal day —
the ACH Council refuses to consider, or consider further, the application under section 159 of the 2021 Act;
in respect of the application, the Minister in relation to the 2021 Act authorises a plan under section 165(1)(b)(i) of the 2021 Act (whether or not the authorisation takes effect before repeal day);
in respect of the application, the Minister in relation to the 2021 Act refuses to authorise a plan under section 165(1)(b)(ii) of the 2021 Act.
On and after repeal day, the application is taken to be a notice given to the Committee under section 18(2) and is to be dealt with accordingly.
If a consent is given under section 18(3)(a) in relation to the notice, the consent is subject to the condition in section 18(6)(c).
[Section 77 inserted: No. 23 of 2023 s. 23.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.