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
- 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:
All other variations:
Council's section 155 Requests for Variations of Registration Policy and Procedures
Flow chart of the s 155 application for boundary variation process
Reviewed 18 February 2020