Once a RAP is registered, section 155 of the Aboriginal Heritage Act 2006 gives Council broad powers to make a variation of a RAP’s registration, subject to the consent of the relevant RAP(s).
Council’s power to make variations is a discretionary power
The power to make a variation may be exercised at Council’s discretion:
- upon the request of an existing RAP
- by a determination of Council
There are no time limitations to the Council’s power to determine variations to registration
In considering a request to vary the registration of an existing RAP under section 155 the detailed matters and time frames applicable in determining applications under sections 150 and 151 are not relevant.
Variation determinations come into effect:
- Upon consent of the relevant RAP(s).
- At date or time stipulated by Council subject to the consent of relevant RAP(s).
Variations to registration
Variations to a RAP’s registered boundaries:
- Part 1 - Requests for variation of registered boundaries
- Part 2 - Process upon receipt of request for variation
- Part 3 - Considerations in determining boundary variation request
- Part 4 - Boundary variation determinations
All other variations:
More information
Council's section 155 Requests for Variations of Registration Policy and Procedures
Flow chart of the s 155 application for boundary variation process
Updated