Heritage Agreement Wa

Land users of the VA government, including departments, authorities and furniture companies, are required to enter into an NSHA with the relevant Noongar Agreement group, unless they have already concluded an agreement on existing cultural heritage, when conducting an Aboriginal heritage survey in an ILUA area. Walga and SWALSC, however, recognize that a coherent approach to Aboriginal heritage in the settlement area is important for all. The VA Government encourages all land users to consider the use of the NSHA when their planned land use activity takes place within the residential area and a study of Aboriginal heritage is required. If land users do not choose to follow the NSHA, it is recommended that cultural heritage surveys be conducted according to key elements of the NSHA to ensure a uniform approach throughout the southwest. This approach would include: the Department of Mines, Industry Regulation and Safety (DMIRS) is required to apply the assets requirement set out in clause 18 of schedule 10 of each ILUA in the event of the granting of a mining concession. The condition requires tenure holders to enter into an inheritance contract or NSHA with the corresponding Noongar Agreement group before they can exercise any rights. The holder of the registered title must provide a statutory declaration (see Appendix U in South West Native Title Indigenous Land Use Agreements – Schedules and Annexures) as proof of compliance with this condition. DMIRS is required to apply the inheritance condition set out in clause 18 of Annex 10 of each ILUA when oil holding conditions are granted. The condition requires tenure holders to enter into an inheritance contract or NSHA with the corresponding Noongar Agreement group before they can exercise any rights. It is recommended that an NSHA be established and issue an “activity notice” under the NSHA when there is a risk that an activity will illegally “affect” an Aboriginal site (for example. B by excavation, degradation, destruction or modification in any way). The VA Aboriginal Government Due Diligence Guides, which have been included in the NSHA, provide instructions for assessing potential risks to Aboriginal heritage. A study of Aboriginal heritage may be necessary, as a proposed activity, development or other land use activities may affect Aboriginal heritage.

From 8 The NSHA is to be completed by VA government land users on 6 June 2015 (ILUA implementation) if a study of Aboriginal cultural heritage in the residential area is required and there is no existing agreement on cultural heritage.. . . .

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