Document ID: chunk:federal_register_of_legislation:F2016L00002:schedule:8:p9
Version: federal_register_of_legislation:F2016L00002
Segment Type: schedule
Provision Reference: sch 8 (pt 9/52)
Character Range: 558076–560966

confidential register of the locations of sacred sites; and

               (B)      establishing, maintaining and updating a protocol for conduct in accordance with Aboriginal tradition in respect of each sacred site, including conduct when emergency access is required;

            (ii)       In so far as he is permitted by the Act, the Lessee shall take such reasonable measures requested by the Traditional Aboriginal Owners or the Land Council as are reasonably necessary to ensure the protection of any sacred sites in the Leased Area of which the Lessee has knowledge or could reasonably be expected to have such knowledge as a result of consultations pursuant to subclause 9(y)(i) hereof and to use all reasonable measures to ensure that any such sacred sites are not interfered with in any way, manner or form.

            (iii)     For the purposes of this clause 9(y) a sacred site shall be interfered with if:

               (A)      conduct which is not appropriate in accordance with Aboriginal tradition occurs at the site, or the sacred site is used or entered into not in accordance with Aboriginal tradition; and

               (B)      such inappropriate conduct, use or entry was without permission of the Land Council.

            (iv)     Such protective measures as aforesaid shall be carried out in consultation with the Traditional Aboriginal Owners of the sacred sites, the Land Trust and the Land Council and may include the prohibition of persons from any particular area or areas and without limiting the generality of the foregoing, such measures may include the posting of appropriate notices; the erection of fences or other barriers, or the closing of any access roads to or impinging on sacred sites.

            (v)       In the event that damage occurs to any sacred site as a result of the Lessee being in breach of this covenant, then the Lessee shall:

               (A)      pay compensation for distress, injury, or trauma, whether spiritual, physical or emotional, caused to any Traditional Aboriginal Owner of the site as a result of the entry or damage; and 198.

               (B)      in the absence of agreement being reached within a reasonable time between the Land Council and the Lessee, the amount of any compensation payable under this clause shall be assessed by an independent person with legal qualifications and at least 10 years experience as a practitioner of law in the Supreme Court of any State or Territory in Australia who shall be appointed by the Commonwealth Minister of Aboriginal and Torres Strait Islander Affairs, and shall be a person who is of recognised high reputation and capacity and who has an acknowledged familiarity with damage caused to sacred sites and the impact of such damage on Aboriginal people associated with such sites. Compensation payable under this clause is not dependent on the Lessor