The HA will endeavour to obtain the RAP’s agreement to the plan for undertaking a complex assessment at Step 7 and the RAP will make every reasonable effort to assist and agree to the plan for undertaking a complex assessment, noting Principle 5.
This may include incorporating RAP requests where these are consistent with proper archaeological practice and the cultural, archaeological and geomorphological information about the activity area.
- Where alterations to the plan for undertaking a complex assessment are made, these will be documented along with the rationale for the alteration.
- Where the RAP or HA refuses an alteration, this will be documented, with a rationale.
- Where a disagreement arises in relation to a plan for undertaking a complex assessment, this may be referred to DPC for assistance.
If agreement cannot be reached, it is recommended that a complex assessment should not commence, and the matter should be referred to DPC or to an alternative dispute resolution process (see Appendix 10). The complex assessment should only then proceed in accordance with advice or the outcomes of the dispute resolution.
Despite nothing in the Act preventing a CHMP from proceeding in the case where there is no agreed complex assessment plan, it is open for the Sponsor to accept this risk and continue, it should be noted this would be contrary to Principles 1, 2 and 3. In addition, it is in the best interests of the Sponsor and HA not to proceed without RAP agreement as the RAP may refuse the CHMP. A decision to refuse to approve a CHMP may be challenged later at VCAT, where the rationale for refusing to alter the plan for undertaking a complex assessment may be relevant.
- The plan for undertaking a complex assessment, and the date agreed, should be included in the CHMP.
Updated