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NATIVE TITLE ACT 1993 - SECT 203AF

Notification requirements for the variation of an area on the Commonwealth Minister's own initiative

Notification requirements

             (1)  Subject to subsection (7), the Commonwealth Minister must not vary an area under subsection 203AE(1) on his or her own initiative unless the Minister complies with subsection (2) of this section.

             (2)  The Commonwealth Minister must:

                     (a)  notify, in writing, each of the following that the variation of the area (the initial area ) is being considered:

                              (i)  the body that is the representative body for the initial area;

                             (ii)  if there is a representative body for another area (the other area ) that has a boundary that the Commonwealth Minister proposes to vary as result of varying the initial area--that body;

                            (iii)  the Aboriginal peoples or Torres Strait Islanders who live in the initial area and, if subparagraph(ii) applies, who live in the other area; and

                     (b)  arrange for the publication in a newspaper (if any) circulating generally in the initial area of a notice that states that the variation is being considered; and

                     (c)  if the newspaper mentioned in paragraph (b) does not also circulate generally in the other area--arrange for the publication of the notice mentioned in paragraph (b) in a newspaper (if any) circulating generally in the other area.

             (3)  For the purposes of subparagraph (2)(a)(iii), the Commonwealth Minister may arrange for the publication of a general notification and need not give a separate notification to the persons mentioned in that subparagraph.

Content of notice

             (4)  The notice to a body mentioned in subparagraph (2)(a)(i) or (ii) must:

                     (a)  identify the proposed variation; and

                     (b)  state the reasons why the Minister is considering varying the initial area; and

                     (c)  state that the body may make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the initial area should be varied.

             (5)  The notice to a person mentioned in subparagraph (2)(a)(iii) must state that the person may make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the initial area should be varied.

             (6)  The period specified in the notice under paragraph (4)(c) or subsection (5) must not begin before the day on which the notice is given to the body or person concerned and must be a period of at least 60 days.

Exception to notification requirements

             (7)  The Commonwealth Minister need not comply with subsection (2) in relation to the variation of the other area if:

                     (a)  the variation is to be made as a result of the variation of the initial area; and

                     (b)  notification under that subsection of the variation of the initial area has been previously given to the representative body for the other area.



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