Terms of Reference - North Queensland Bulk Ports Corporation

cultural heritage, should the project require the extinguishment of native title, or acultural heritage management plan (CHMP) under the ACH Act. An NT agreement oran approved CHMP, in a form which complies with Part 7 of the ACH Act, will ensurethat the project meets the Aboriginal cultural heritage duty of care imposed by the ACHAct.If an NT agreement is not finalised or a CHMP has not been approved when the EIS issubmitted to the Coordinator-General, the following must be provided:• an outline of the draft CHMP or draft plan within the NT agreement that addressesmanagement and protection strategies for cultural heritage, subject to anyconfidentiality provisions, outlining the position of the relevant parties• details of the proposed steps and timeframes for finalising the CHMP or NTagreement.An NT agreement or CHMP should be negotiated between the proponent and theappropriate native title/Indigenous parties and should address and include thefollowing:• a process for including Indigenous people associated with the development areas inprotection and management of Indigenous cultural heritage• processes for mitigating, managing and protecting identified cultural heritage sitesand objects in the project areas, including associated infrastructure developments,during both the construction and operation stages of the project• provisions for managing the accidental discovery of cultural material, includingburials• a clear recording process to assist initial management and recording of accidentaldiscoveries• a cultural heritage induction for project staff• developing a cultural heritage awareness program to be incorporated into thecontractor/employee manual and induction manual. This is to be in the form of aplain language, short document that is easy for contractors and staff ‘on the ground’to understand• a conflict resolution process.5.11.3. Native titleIdentify areas covered by applications for native title claims or native titledeterminations, providing boundary descriptions of native title representative body(ies),and whether it is necessary to notify the representative body(ies) or if there is evidencethat native title does not exist.Identify the potential for native title rights and interests likely to be impacted upon bythe project and the potential for managing those impacts by an Indigenous land useagreement or other native title compliance outcomes.- 56 - Contents of the EISDudgeon Point Coal Terminals ProjectTerms of reference for an environmental impact statement