Commonwealth Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION ACT 1984 - SECT 10

             (1)  Where the Minister:

                     (a)  receives an application made orally or in writing by or on behalf of an Aboriginal or a group of Aboriginals seeking the preservation or protection of a specified area from injury or desecration;

                     (b)  is satisfied:

                              (i)  that the area is a significant Aboriginal area; and

                             (ii)  that it is under threat of injury or desecration;

                     (c)  has received a report under subsection (4) in relation to the area from a person nominated by him or her and has considered the report and any representations attached to the report; and

                     (d)  has considered such other matters as he or she thinks relevant;

he or she may, by legislative instrument, make a declaration in relation to the area.

             (2)  Subject to this Part, a declaration under subsection (1) has effect for such period as is specified in the declaration.

             (3)  Before a person submits a report to the Minister for the purposes of paragraph (1)(c), he or she shall:

                     (a)  publish, in the Gazette , and in a local newspaper, if any, circulating in any region concerned, a notice:

                              (i)  stating the purpose of the application made under subsection (1) and the matters required to be dealt with in the report;

                             (ii)  inviting interested persons to furnish representations in connection with the report by a specified date, being not less than 14 days after the date of publication of the notice in the Gazette ; and

                            (iii)  specifying an address to which such representations may be furnished; and

                     (b)  give due consideration to any representations so furnished and, when submitting the report, attach them to the report.

             (4)  For the purposes of paragraph (1)(c), a report in relation to an area shall deal with the following matters:

                     (a)  the particular significance of the area to Aboriginals;

                     (b)  the nature and extent of the threat of injury to, or desecration of, the area;

                     (c)  the extent of the area that should be protected;

                     (d)  the prohibitions and restrictions to be made with respect to the area;

                     (e)  the effects the making of a declaration may have on the proprietary or pecuniary interests of persons other than the Aboriginal or Aboriginals referred to in paragraph (1)(a);

                      (f)  the duration of any declaration;

                     (g)  the extent to which the area is or may be protected by or under a law of a State or Territory, and the effectiveness of any remedies available under any such law;

                     (h)  such other matters (if any) as are prescribed.