A final CHMP meeting should occur with the RAP to discuss and seek to agree CHMP conditions, including contingencies, induction and salvage conditions, where appropriate.
- Once desktop, standard or complex assessment has been finished to the stage where informed cultural heritage management decisions are achievable and proper cultural heritage management objectives have been fulfilled, the HA will assist the Sponsor to prepare CHMP conditions for the Sponsor to follow before, during and after development activity.
- Appropriate contingencies will also be prepared and documented as conditions (see Appendix 5).
- It is preferable for conditions to be developed first by the Sponsor and the HA for presentation to the RAP. This will aid documenting history and any alterations, increase accountability of all actors and help with dispute resolution. However, the Sponsor and the HA may prefer to develop conditions jointly with the RAP. Either way, the RAP must be presented with an opportunity to review and influence the conditions in accordance with section 62(4) (b) of the Act.
- Each CHMP condition is to be linked explicitly to a Statement of Significance for the Aboriginal place which is the subject of that condition (see Appendix 2).
Individual statements of significance for each Aboriginal place
- An individual Statement of Significance should be documented for every Aboriginal place located within the activity area. Again, these will involve discussion between HA and RAP, and incorporate all information gathered during the CHMP assessment and any cultural knowledge able to be imparted by the RAP about that place.
- Individual Statements of Significance should lead the Place Description in the CHMP.
- The Sponsor has the responsibility to make the final decision on CHMP conditions to be put to the RAP for approval, on the understanding the RAP may refuse to approve a CHMP if it is not satisfied they are adequate for the purposes of section 61 of the Act.
- Once finalised, conditions should be incorporated into the final CHMP.
- If disagreements arise in relation to preparing conditions, DPC may assist and/or alternative dispute resolution may be used.
Any salvage strategy related to a proposed salvage condition is to be presented and discussed with the RAP at this stage, before the CHMP is approved (see Step 11). Note, the salvage strategy does not need to include costs or timing, as this may need to be negotiated later, after CHMP approval, along with any salvage conduct agreement (see Appendices 7 and 11). However, the Sponsor should obtain indicative advice on costings before proposing the conditio
If salvage is not proposed, proceed to Step 12.
Activity area statement of sensitivity
The preliminary Statement of Sensitivity provided with the response to the NoI at Step 2, if any, should be discussed and any revised or new Statement should be added to the CHMP. This will aid in reviewing the effectiveness of the CHMP assessment and its method in revealing and managing cultural heritage values not foreshadowed by the preliminary Statement of Sensitivity.
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