The following provisions shall apply to the Parties’ discussions about whether a Survey is required. Where no previous Aboriginal Heritage Survey (whether under this NSHA or otherwise) has been undertaken in relation to the area of land and waters the subject of the Activity Notice, there is a non-binding presumption that a Survey is required unless otherwise agreed or waived in accordance with clause 8.3(b). Where this NSHA does not deal with the particular circumstance as to whether a Survey is required, there is a non-binding presumption that a Survey is required. Where a previous Aboriginal Heritage Survey (whether conducted under this NSHA or otherwise) has, or if not clear, reasonably appears to have, covered the area the subject of the Activity Notice, there is no presumption either way as to whether a Survey is required. Subject to confidentiality provisions, the Proponent must (if it is in their possession or control) provide by way of notice a copy of the written report of the previous Aboriginal Heritage Survey to SWALSC (if such copy has not already been provided with the Activity Notice). Subject to the presumptions in clauses 9.2(b)(i) and 9.2(b)(ii), and the matters described in clause 9.2(b)(iii), in determining whether a Survey is required, the Parties will have regard to the following matters: the nature of the Activities outlined in the Activity Notice; and whether there has been any previous Aboriginal Heritage Survey and the age, methodology, participants, standard and results of that survey; and the extent to which the land has been affected by previous ground disturbing activities; and whether the Aboriginal Heritage Act Register discloses any Aboriginal Sites on the land the subject of the Activity Notice; and any relevant matters relating to Noongar practices, laws and customs; and any other relevant matters raised by any of the Parties. Agreements regarding Low Ground Disturbance Activity The Parties’ discussions to confirm the extent of Low Ground Disturbance Activity, and whether a Survey is required in respect of such Activity, will be guided by the definition of Low Ground Disturbance Activity in this NSHA. If SWALSC considers that a Survey in respect of any Low Ground Disturbance Activity is required, then SWALSC and the Proponent will each
The following provisions shall apply to the Parties’ discussions about whether a Survey is required. Where no previous Aboriginal Heritage Survey (whether under this NSHA or otherwise) has been undertaken in relation to the area of land and waters the subject of the Activity Notice, there is a non-binding presumption that a Survey is required unless otherwise agreed or waived in accordance with clause 8.3(b). Where this NSHA does not deal with the particular circumstance as to whether a Survey is required, there is a non-binding presumption that a Survey is required. Where a previous Aboriginal Heritage Survey (whether conducted under this NSHA or otherwise) has, or if not clear, reasonably appears to have, covered the area the subject of the Activity Notice, there is no presumption either way as to whether a Survey is required. Subject to confidentiality provisions, the Proponent must (if it is in their possession or control) provide by way of notice a copy of the written report of the previous Aboriginal Heritage Survey to SWALSC (if such copy has not already been provided with the Activity Notice). Subject to the presumptions in clauses 9.2(b)(i) and 9.2(b)(ii), and the matters described in clause 9.2(b)(iii), in determining whether a Survey is required, the Parties will have regard to the following matters: the nature of the Activities outlined in the Activity Notice; and whether there has been any previous Aboriginal Heritage Survey and the age, methodology, participants, standard and results of that survey; and the extent to which the land has been affected by previous ground disturbing activities; and whether the Aboriginal Heritage Act Register discloses any Aboriginal Sites on the land the subject of the Activity Notice; and any relevant matters relating to Noongar practices, laws and customs; and any other relevant matters raised by any of the Parties. Agreements regarding Low Ground Disturbance Activity The Parties’ discussions to confirm the extent of Low Ground Disturbance Activity, and whether a Survey is required in respect of such Activity, will be guided by the definition of Low Ground Disturbance Activity in this NSHA. If SWALSC considers that a Survey in respect of any Low Ground Disturbance Activity is required, then SWALSC and the Proponent will each
Noongar-Standard-Heritage-Agreement-Wagyl-Kaip-People-Accessible.docx