Common use of Considering the Clause in Contracts

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 accordance with Part 1.2(a) of Schedule 4, a statement of the extent to which the Activity Program consists of Low Ground Disturbance Activity, in the Corporation's opinion; (ii) if different to the nomination by the Proponent in its Activity Notice in accordance with Part 1.2(c) of Schedule 4, a nomination of the Corporation's proposed Survey Methodology, subject however to clause 9.4; (iii) if different to the date or dates nominated by the Proponent in its Activity Notice in accordance with Part 1.2(c) of Schedule 4, a nomination of a proposed Survey start date or finish date taking into account the availability of the Aboriginal Heritage Service Provider, if contracted by the Corporation; (iv) subject to clause 9.5(a), an estimate of costs to conduct the Survey; and (v) an election, or not, by the Corporation as to whether it will: (A) contract the Aboriginal Heritage Service Provider; or (B) perform the functions of the Aboriginal Heritage Service Provider itself and, if so, whether it will need to contract a Principal Aboriginal Heritage Consultant; and if electing to contract the Aboriginal Heritage Service Provider, a nomination of the Corporation’s preferred proposed Aboriginal Heritage Service Providers and (if different to the Aboriginal Heritage Service Provider,) Principal Aboriginal Heritage Consultants; and (vi) if the Corporation does not elect either to be the Aboriginal Heritage Service Provider or to contract the Aboriginal Heritage Survey Provider under clause 8.3(d)(v), the names and contact details of the proposed Yamatji Consultants for the Survey. If these details are not provided to the Proponent either in the Activity Notice Response or within 10 Business Days after the Survey Agreement Date, the Proponent may contact DPLH for details of persons identified by DPLH who have previously been recorded on the Aboriginal Heritage Register in relation to particular sites in the Survey Area. (e) The Corporation acknowledges that only in unusual circumstances would the Corporation provide notice (under clause 8.3(a)) of its opinion that a Survey is required in respect of proposed Low Ground Disturbance Activity, such as the existence of a large number of Aboriginal Sites or Aboriginal Objects that are located within and/or intersect the Survey Area.

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 Government 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 Government Proponent and from DPLH and, where relevant, a Traditional Owner or a representative of the Corporation at their own cost. (b) The Government 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 GSHA 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 Government 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 Government Proponent in its Activity Notice in accordance with Part 1.2(a) of Schedule 4, a statement of the extent to which the Activity Program consists of Low Ground Disturbance Activity, in the Corporation's opinion; (ii) if different to the nomination by the Government Proponent in its Activity Notice in accordance with Part 1.2(c) of Schedule 4, a nomination of the Corporation's proposed Survey Methodology, subject however to clause 9.4; (iii) if different to the date or dates nominated by the Government Proponent in its Activity Notice in accordance with Part 1.2(c) of Schedule 4, a nomination of a proposed Survey start date or finish date taking into account the availability of the Aboriginal Heritage Service Provider, if contracted by the Corporation; (iv) subject to clause 9.5(a), an estimate of costs to conduct the Survey; and (v) an election, or not, by the Corporation as to whether it will: (A) contract the Aboriginal Heritage Service Provider; or (B) perform the functions of the Aboriginal Heritage Service Provider itself and, if so, whether it will need to contract a Principal Aboriginal Heritage Consultant; and if electing to contract the Aboriginal Heritage Service Provider, a nomination of the Corporation’s preferred proposed Aboriginal Heritage Service Providers and (if different to the Aboriginal Heritage Service Provider,) Principal Aboriginal Heritage Consultants; and (vi) if the Corporation does not elect either to be the Aboriginal Heritage Service Provider or to contract the Aboriginal Heritage Survey Provider under clause 8.3(d)(v), the names and contact details of the proposed Yamatji Consultants for the Survey. If these details are not provided to the Proponent either in the Activity Notice Response or within 10 Business Days after the Survey Agreement Date, the Proponent may contact DPLH for details of persons identified by DPLH who have previously been recorded on the Aboriginal Heritage Register in relation to particular sites in the Survey Area. (e) The Corporation acknowledges that only in unusual circumstances would the Corporation provide notice (under clause 8.3(a)) of its opinion that a Survey is required in respect of proposed Low Ground Disturbance Activity, such as the existence of a large number of Aboriginal Sites or Aboriginal Objects that are located within and/or intersect the Survey Area.