Aboriginal Cultural Heritage Amendment Regulations (No. 3) 2023 (WA)

23 June 2023 GOVERNMENT GAZETTE, WA 1973

ABORIGINAL AFFAIRS

AS301

Aboriginal Cultural Heritage Act 2021

Aboriginal Cultural Heritage Amendment

Regulations (No. 3) 2023

SL 2023/82

Made by the deputy of the Governor in Executive Council.

1.            Citation

These regulations are the Aboriginal Cultural Heritage

Amendment Regulations (No. 3) 2023.

2.              Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — immediately after the

If a fee is payable in respect of the application under the

Aboriginal Cultural Heritage Amendment Regulations

(No. 2) 2023 regulation 6 comes into operation.

3.             Regulations amended

These regulations amend the Aboriginal Cultural Heritage

Regulations 2022.

4.             Regulation 47 amended

At the end of regulation 47 insert:

Note for this regulation:

1974 GOVERNMENT GAZETTE, WA 23 June 2023

5.      Schedule 3 amended

(1)	In Schedule 3 delete the row relating to section 150(2) and insert:
Section 150(2)	If a fee is payable in respect of the application under the Aboriginal Cultural Heritage (Cost Recovery) Regulations 2023, the period of 28 days
after
(a) unless paragraph (b) applies the day on

which the fee is received; or

(b)	if the application is, under section 161 of the Act, considered as an application under section 147(1) of the Act the later of the following days (i) the day on which the fee is received;
(ii) the day on which the applicant and

each interested Aboriginal party have
advised the ACH Council under
section 161 of the Act that they have
reached agreement on the terms of the

plan

If no fee is payable in respect of the application

under the Aboriginal Cultural Heritage (Cost

Recovery) Regulations 2023, the period of 28 days

after

(a) unless paragraph (b) applies the day on

which the application is made; or

(b)	if the application is, under section 161 of the Act, considered as an application under section 147(1) of the Act the day on which the applicant and each interested Aboriginal party have advised the ACH Council under section 161 of the Act that
they have reached agreement on the terms of
the plan

Notes for this item:

1.    Working out of this period may be affected by regulation 63(3).

23 June 2023 GOVERNMENT GAZETTE, WA 1975

(2)

In Schedule 3 delete the row relating to section 162(2) and
insert:

Section 162(2)

If a fee is payable in respect of the application
under the Aboriginal Cultural Heritage (Cost
Recovery) Regulations 2023, the period of 90 days
after

(a)	unless paragraph (b) applies the day on which the fee is received; or
(b)	if section 177(1 )(a) or (c) of the Act applies the later of the following days

(i)        the day on which the fee is received; or

(ii) the day on which the determination is made under section 176(1)(b)(i) of the Act

If no fee is payable in respect of the application

under the Aboriginal Cultural Heritage (Cost

Recovery) Regulations 2023, the period of 90 days

after

(a)	unless paragraph (b) applies the day on which the application is made; or
(b)	applies the day on which the if section 177(1 )(a) or (c) of the Act section 176(1)(b)(i) of the Act

Notes for this item:

1.        Working out of this period may be affected by regulation 63(3).

N. HAGLEY, Clerk of the Executive Council.