The following provisions shall apply to the Parties’ discussions about whether a Survey is required. Where no previous Aboriginal Heritage Survey (whether under this NSHA or otherwise) has been undertaken in relation to the area of land and waters the subject of the Activity Notice, there is a non-binding presumption that a Survey is required unless otherwise agreed or waived in accordance with clause 8.3(b). Where this NSHA does not deal with the particular circumstance as to whether a Survey is required, there is a non-binding presumption that a Survey is required. Where a previous Aboriginal Heritage Survey (whether conducted under this NSHA or otherwise) has, or if not clear, reasonably appears to have, covered the area the subject of the Activity Notice, there is no presumption either way as to whether a Survey is required. Subject to confidentiality provisions, the Proponent must (if it is in their possession or control) provide by way of notice a copy of the written report of the previous Aboriginal Heritage Survey to SWALSC (if such copy has not already been provided with the Activity Notice). Subject to the presumptions in clauses 9.2(b)(i) and 9.2(b)(ii), and the matters described in clause 9.2(b)(iii), in determining whether a Survey is required, the Parties will have regard to the following matters: the nature of the Activities outlined in the Activity Notice; and whether there has been any previous Aboriginal Heritage Survey and the age, methodology, participants, standard and results of that survey; and the extent to which the land has been affected by previous ground disturbing activities; and whether the Aboriginal Heritage Act Register discloses any Aboriginal Sites on the land the subject of the Activity Notice; and any relevant matters relating to Noongar practices, laws and customs; and any other relevant matters raised by any of the Parties. Agreements regarding Low Ground Disturbance Activity The Parties’ discussions to confirm the extent of Low Ground Disturbance Activity, and whether a Survey is required in respect of such Activity, will be guided by the definition of Low Ground Disturbance Activity in this NSHA. If SWALSC considers that a Survey in respect of any Low Ground Disturbance Activity is required, then SWALSC and the Proponent will each
complies with the DAA Guidelines. Provision of Aboriginal Heritage Information to DAA Following the preparation of the Survey Report: if SWALSC is the Aboriginal Heritage Service Provider it must provide: or if SWALSC is not the Aboriginal Heritage Service Provider the Party contracting the Aboriginal Heritage Service Provider must ensure that the Aboriginal Heritage Service Provider provides, the following information to the Aboriginal Heritage Act Registrar: a copy of the Survey Report; and if Aboriginal Sites have been identified during the Survey, a Heritage Information Submission Form (as attached at Schedule 7, or as amended from time to time) with respect to each site. Provision of Survey Information to DAA If the Proponent contracted the Aboriginal Heritage Service Provider, the Proponent must, within 15 Business Days after the preparation of the Survey Report, provide to SWALSC, in writing, the details required by items 24 and 25 of Schedule 8. Subject to clause 12.6(a), following the preparation of the Survey Report SWALSC must ensure that the information set out in Schedule 8 is provided to the Aboriginal Heritage Act Registrar. Reliance on Survey Report The Parties each acknowledge that they may rely upon the contents of a Survey Report. Intellectual property Intellectual property of the Proponent to be assigned to SWALSC If the Proponent is contracting the Aboriginal Heritage Service Provider, the Proponent assigns all intellectual property rights it in the Survey Report to SWALSC upon its creation.
8 Archaeologist or Archaeological Team accommodation/meals At cost +GST 9 Aboriginal Consultants accommodation/meals At cost +GST Travel Expenses 10 Vehicle mileage (km) $ As per tax schedule for location +GST per km 11 Hire Vehicle (if survey vehicle is hired) commercial plus fuel +GST 12 Aboriginal Consultants travel expenses (if required) Rate as per tax schedule for location +GST per km 13 Airfares At cost +GST 14 Taxi travel (to and from airports or meetings) At cost +GST Incidental Expenses 15 Film, maps, report production and expendables At cost +GST Initials: Aboriginal Heritage Service Provider: ______________ Initials: Proponent/Authorised officer of the Proponent: ______________ CPI Indexation Where a rate listed in this annexure is indicated to be "Indexed to CPI" it shall be varied annually on 31 August of each year in accordance with the CPI Calculation. Schedule 6 — Contents of Survey Report (Clause 12.4) Part 1 – Guidelines for all Survey Reports 1.1 Copyright and confidentiality