Considering the Clause Samples

Considering the. Activity Notice and deciding whether a Survey is required (a) The Corporation will promptly consider the Activity Notice and shall, within 15 Business Days after receipt of such Activity Notice or modified Activity Notice, notify the Proponent in writing as to whether the Corporation considers that a Survey is required (Activity Notice Response). In coming to its decision the Corporation shall take into account the following: (i) the extent to which the Activity Program described in the Activity Notice consists of Low Ground Disturbance Activities and in that regard taking into account the provisions of clause 8.3(e); and (ii) the extent to which the land and waters referred to in the Activity Notice have been the subject of a previous Aboriginal Heritage Survey. In considering this factor, the Corporation will consider: (A) whether it is reasonably clear from the reported results of the previous Aboriginal Heritage Surveys, having had a reasonable opportunity to review the relevant Survey Reports containing those results, that the Activities disclosed in the Activity Notice can be carried out without damaging or disturbing an Aboriginal Site or Aboriginal Object, (B) any relevant previous decisions by the Corporation under clause 8.3(b); and (C) any other matter the Corporation reasonably considers relevant including if appropriate a visit to the Agreement Area with representatives from the Proponent and from DPLH and, where relevant, a Traditional Owner or a representative of the Corporation at their own cost. (b) The Proponent shall be free to carry out any Activity in the Aboriginal Heritage Area without conducting a Survey where (i) the Corporation so agrees in writing; or (ii) the Corporation waives its right under clause 6.1(f) of this YPSHA to require a Survey for the proposed Activity, or (iii) the Corporation agrees to the engagement of up to 2 Yamatji Monitors in accordance with the Guidelines for the Engagement of Aboriginal Heritage Monitors, after considering an Activity Notice or at any other time. (c) The Corporation and the Proponent may request additional information from the other at any time to enable discussion and proper consideration of the Activity Notice. (d) If in its Activity Notice Response the Corporation indicates that it considers that a Survey is required, then the Activity Notice Response shall set out the following additional information: (i) if different to the opinion given by the Proponent in its Activity Notice in acco...