Subdivision F—Restricted information

Restricted information

82. (1) Where, in the Minister's opinion, the public disclosure of particular information about the location or nature of an Aboriginal place would be likely to have a significant adverse effect on—

        (a)     Aboriginal tradition; or

        (b)     the heritage significance of the place;

the Minister shall, in writing, declare that information to be restricted information for the purposes of this Act.

(2) The Minister shall not make a declaration under subsection (1) without first consulting with, and considering the views of—

        (a)     the Heritage Council; and

        (b)     any relevant Aboriginal organisation;

about the relevant information.

(3) The Minister shall give a copy of a declaration under subsection (1) to—

        (a)     the lessee and the occupier of any land in relation to which the declaration is given;

        (b)     the Heritage Council; and

        (c)     any relevant Aboriginal organisation.

(4) A copy of a declaration given to a person under paragraph (3) (a) shall be accompanied by—

        (a)     a statement of the effect of the declaration;

        (b)     a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , the person may apply to the Tribunal for a review of the decision of the Minister to make the declaration; and

        (c)     except where subsection 26 (11) of that Act applies—a statement to the effect that the person may request a statement pursuant to section 26 of that Act.

(5) The validity of a decision of the Minister to make a declaration under subsection (1) is not affected by a failure to comply with subsections (2), (3) and (4).

Publication of restricted information by public officials

83. (1) The Territory, the Executive, a Minister or a Territory authority shall not publish or cause to be published any restricted information about an Aboriginal place except—

        (a)     for the purposes of this Part or Part II;

        (b)     in accordance with subsection (2); or

        (c)     in accordance with the prescribed procedures.

(2) For the purposes of paragraph (1) (b), restricted information may be published where the person or body responsible for its publication is satisfied on reasonable grounds that the publication would not have a significant adverse effect on—

        (a)     Aboriginal tradition; or

        (b)     the heritage significance of the relevant place.

Publication of restricted information generally

84. (1) A person (other than a person referred to in subsection 83 (1)) shall not, without reasonable excuse, publish or cause to be published restricted information about an Aboriginal place except—

        (a)     in accordance with an approval under subsection (2); and

        (b)     where that publication is accompanied by a written statement in the form referred to in paragraph 82 (4) (a).

Penalty: $500.

(2) On application in accordance with subsection (3), the Heritage Council shall, by notice in writing to the applicant, approve the publication of restricted information about an Aboriginal place where it is satisfied on reasonable grounds that the publication would not have a significant adverse effect on—

        (a)     Aboriginal tradition; or

        (b)     the heritage significance of the relevant place.

(3) An application under subsection (2) shall be in writing specifying—

        (a)     the nature of the restricted information;

        (b)     the reason for the proposed publication; and

        (c)     the nature of the proposed publication, including the person, persons or class of persons to whom or to which it is directed.

(4) If the Heritage Council refuses an application under this section, it shall give written notice of its decision to the applicant including—

        (a)     a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , the applicant may apply to the Tribunal for review of the Heritage Council's decision; and

        (b)     except where subsection 26 (11) of that Act applies—a statement to the effect that the applicant may request a statement pursuant to section 26 of that Act.

Access to restricted information

85. (1) On application in accordance with subsection (2) by—

        (a)     a lessee or an occupier of land; or

        (b)     where an interest in relation to land is being offered for sale—a person who is considering purchasing that interest;

the Heritage Council shall publish to that person any restricted information relevant to the conservation and use of that land.

(2) An application shall be in writing accompanied by a written declaration—

        (a)     in the case referred to in paragraph (1) (a)—specifying the capacity in which the applicant is applying; or

        (b)     in the case referred to in paragraph (1) (b)—specifying the interest being offered for sale, and stating that the applicant is considering the purchase of that interest.

(3) Where the Heritage Council publishes restricted information to a person under subsection (1), it shall give the person a statement in the form referred to in paragraph 82 (4) (a).

Division 6—Administrative review

Review of decisions

86. (1) Application may be made to the Tribunal for review of a decision—

        (a)     of the Executive under section 64 to acquire a place; or

        (b)     of the Executive under section 64 to acquire a place on particular terms.

(2) A person whose interests in relation to land are affected may apply to the Tribunal for review of a decision—

        (a)     of the Heritage Council to include a provision in an interim Heritage Places Register notified under section 60;

        (b)     of the Minister under paragraph 69 (1) (a) or 73 (1) (a) to direct the Heritage Council to notify an interim Heritage Places Register;

        (c)     of the Heritage Council under paragraph 62 (1) (b) to revise an interim Heritage Places Register; or

        (d)     of the Minister under paragraph 69 (1) (b) or 73 (1) (b) to declare that no interim Heritage Places Register is to be notified in relation to a particular place.

(3) An applicant for the inclusion of a provision in an interim Heritage Places Register under subsection 59 (3) may apply to the Tribunal for review of a decision of the Heritage Council to refuse the application.

(4) An applicant for compensation under Subdivision D of Division 5 may apply to the Tribunal for review of a decision of the Minister to refuse to grant compensation under that Subdivision.

(5) A person whose interests in relation to land are affected by a decision of the Minister to make a declaration under subsection 82 (1) may apply to the Tribunal for review of that decision.

(6) An applicant for an approval to publish restricted information under subsection 84 (2) may apply to the Tribunal for review of a decision of the Minister to refuse to grant that approval.

(7) Subsections (2) to (6) (inclusive) are to be read as modifying the operation of section 25 of the Administrative Appeals Tribunal Act 1989.

Division 7—Public access to heritage information
Subdivision A—Information about administrative action

Application