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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 20 September 2019 at 17:38)
Part 6 Division 2 Section 90K
90K   Factors to be considered in making determinations regarding permits
(1)  In making a decision in relation to an Aboriginal heritage impact permit, the Chief Executive must consider the following matters:
(a)  the objects of this Act,
(b)  actual or likely harm to the Aboriginal objects or Aboriginal place that are the subject of the permit,
(c)  practical measures that may be taken to protect and conserve the Aboriginal objects or Aboriginal place that are the subject of the permit,
(d)  practical measures that may be taken to avoid or mitigate any actual or likely harm to the Aboriginal objects or Aboriginal place that are the subject of the permit,
(e)  the significance of the Aboriginal objects or Aboriginal place that are the subject of the permit,
(f)  the results of any consultation by the applicant with Aboriginal people regarding the Aboriginal objects or Aboriginal place that are the subject of the permit (including any submissions made by Aboriginal people as part of a consultation required by the regulations),
(g)  whether any such consultation substantially complied with any requirements for consultation set out in the regulations,
(h)  the social and economic consequences of making the decision,
(i)  in connection with a permit application:
(i)  any documents accompanying the application, and
(ii)  any public submission that has been made under the Environmental Planning and Assessment Act 1979 in connection with the activity to which the permit application relates and that has been received by the Chief Executive,
(j)  any other matter prescribed by the regulations.
(2)  The Chief Executive, in making a decision in relation to an Aboriginal heritage impact permit, must not consider any matter other than the matters referred to in subsection (1).