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TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 80D Temporary suspension of part of natural resource agreement

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 80D

Temporary suspension of part of natural resource agreement

    (1)     A relevant Minister may suspend the operation of the provisions of a natural resource agreement dealing with a particular natural resource for a period of no longer than 6 months if the relevant Minister reasonably believes that there is an urgent need to do so because the natural resource is suffering a significant detrimental impact.

Example

An example of the circumstances in which provisions of a natural resource agreement might be suspended is when there is a sudden unforeseen and material decline of a particular species or ecosystem in the area covered by the agreement because of a significant event such as an outbreak of disease.

    (2)     A suspension under subsection (1) must—

        (a)     be made in writing; and

        (b)     specify—

              (i)     the period for which the suspension lasts; and

              (ii)     the provisions of the natural resource agreement to which it applies; and

              (iii)     the day on which the suspension comes into effect; and

        (c)     be published in the Government Gazette.

    (3)     A suspension under subsection (1) comes into effect—

        (a)     on the day that it is published in the Government Gazette; or

        (b)     if a later day is specified in the suspension, that day.

    (4)     A copy of a suspension under subsection (1) must be given to the traditional owner group entity before the day on which the suspension comes into effect together with reasons why the suspension has been made.

S. 80E inserted by No. 67/2016 s. 21.