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).
(1) The Council may vary the registration of a Registered Aboriginal Party (RAP) with the consent of that party and, if there are other RAPs for that area, with the consent of each of those parties.
(2) A variation under this section may include a variation to the boundaries of the area for which the Registered Aboriginal Party is registered.
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; or
- 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 s 155 the detailed matters and time frames applicable in determining applications under s 150 and 151 are not relevant.
Variation determinations come into effect:
- Upon consent of the relevant RAP(s); or
- 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
All other variations
For further information, please view or download a flow chart of the s 155 application for boundary variation process here:
Reviewed 18 December 2019