Aboriginal Heritage (Fees) Regulations 2023 (WA)

Western Australia Aboriginal Heritage Act 1972 Aboriginal Heritage (Fees) Regulations 2023 Western Australia Aboriginal Heritage (Fees) Regulations 2023 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 Part 2 — Fees under the Act 4. Fees under s. 16 of Act 4 5. Fees under s. 18 of Act 4 Part 3 — General provisions Division 1 — Changes to fee payment obligations 6. Fee waiver, reduction or refund 6 7. Extension of time within which to pay fees 6 8. CEO must give notice of waiver or reduction of fee or extension of time 6 Division 2 — Interest on and recovery of outstanding amounts 9. Interest on outstanding amounts 7 10. Recovery of outstanding amounts 7 Notes Compilation table 9 Defined terms Aboriginal Heritage Act 1972 Aboriginal Heritage (Fees) Regulations 2023

Part 1 — Preliminary

1. Citation These regulations are the Aboriginal Heritage (Fees) Regulations 2023.

2. Commencement These regulations come into operation on the day on which the Aboriginal Heritage Legislation Amendment and Repeal Act 2023 section 20 comes into operation.

3. Terms used In these regulations — Aboriginal and Torres Strait Islander corporation means a commercial proponent that is — (a) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Commonwealth); or (b) a corporation that — (i) is registered under the Corporations Act 2001 (Commonwealth); and (ii) satisfies the Indigeneity requirement under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Commonwealth) section 29‑5; business has the same meaning as in the Income Tax Assessment Act 1997 (Commonwealth); CEO means the chief executive officer of the Department; commercial proponent — (a) means a person carrying on a business; but (b) does not include any of the following — (i) a government proponent; (ii) a small business; (iii) a non‑profit organisation; government proponent — (a) means — (i) a department or organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1); or (ii) an entity listed in the Public Sector Management Act 1994 Schedule 1 (other than in items 1 to 4 and 6 to 10); but (b) does not include any of the following — (i) the Legislative Council or Legislative Assembly; (ii) a committee of the Legislative Council or Legislative Assembly, or a joint committee or standing committee of the Legislative Council and Legislative Assembly; (iii) a Royal Commission; (iv) a member of, or person who holds an office established under a written law for the purposes of, an entity referred to in subparagraph (i), (ii) or (iii); identified place, in relation to a notice given under section 18(2) of the Act, means a place on the land to which the notice relates — (a) that is — (i) recorded as an Aboriginal site in a register under section 38 of the Act; and (ii) specified in the notice; or (b) that is not recorded as an Aboriginal site in a register under section 38 of the Act but is specified in the notice as being — (i) an Aboriginal site; or (ii) a place that may be an Aboriginal site; non‑profit organisation means an organisation that is not carried on for the purposes of profit or gain to its individual members and is, by the terms of the organisation's constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members; payment period, in relation to a fee payable under these regulations, means the period within which the fee must be paid; proposed investigation site, in relation to a request for the Registrar to give an authorisation under section 16(2) of the Act, means a place (regardless of whether the place is an Aboriginal site) specified in the request as being either or both of the following — (a) a place that it is proposed to enter, excavate or both; (b) a place on or under which things are or may be located that are proposed to be examined, removed or both; small business has the meaning given in the Small Business Development Corporation Act 1983 section 3(1).