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Amending an Aboriginal Cultural Heritage Land Management Agreement

An Aboriginal Cultural Heritage Land Management Agreement can be amended at any time, provided both parties agree to the amendment.

Land management activities that are not going to be amended within the current Agreement Area can continue while the amendments are being drafted. Those land management activities under amendment should cease while the amendment negotiations are taking place.

Amendments to an ACHLMA may relate to:

  • the boundaries of the Agreement Area
  • restricted access and areas of exclusion within the Agreement Area
  • the termination date of the ACHLMA
  • the content of the Schedules, including changes to:
    •   land management activities
    •   cultural heritage management actions
    •   planned consultation

To amend an ACHLMA:

  • the RAP must submit a NOI to amend the ACHLMA
  • the PLM must lodge the amended ACHLMA to the Secretary within 14 days of amending the ACHLMA.

Example:

Review Clauses:

For an ACHLMA that commenced on 1 July 2017:

Commencing on 30 September 2017 and continuing every six months thereafter, the parties shall meet to determine the need for a review of the agreement. The purpose of the review will be to discuss the operation of the ACHLMA and ascertain whether amendments are required.

Other examples of how the timing or frequency of an ACHLMA review could be undertaken:

  • The third month from the commencement date of the ACHLMA and continuing every three months thereafter.
  • Commencing on or before the first and second anniversaries of the commencement date of this Agreement.
  • Commencing on or before the conclusion of the District Action Plan for the first season of operation of the ACHLMA.

Example:

of Amending the Termination Date:

For an ACHLMA commencing on 1 July 2017, the original termination date might have been for 30 June 2022. An amendment to that ACHLMA might see the termination date extended to 30 June 2027.

For an ACHLMA that commences with a new Fire Operations Plan / District Action Plan season, the ACHLMA might then terminate at the conclusion of seventh DAP/FOP season, rather than third.

Reviewed 09 November 2020

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