Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION AMENDMENT ACT 1987 No. 39 of 1987 - SECT 4

4. After section 8 of the Principal Act the following section is inserted in
Part I: Application of Part II to Victoria

"8A. (1) The Minister shall not make a declaration under Division 1 of Part II
in relation to an area or object in Victoria unless the Minister is satisfied
that:

   (a)  the applicant for the declaration has made an application in relation
        to the area or object under Part IIA and the application has been
        rejected; or

   (b)  such an application would be inappropriate or could not be made.

"(2) An authorised officer shall not make a declaration under Division 2 of
Part II in relation to an area or an object in Victoria unless the authorised
officer is satisfied that an application in relation to the area or object
under Part IIA would be inappropriate or could not be made.".