Commonwealth Numbered Acts

Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984 No. 79 of 1984 - SECT 10

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 sub-section (4) in relation to the area
        from a person nominated by him and has considered the report and any
        representations attached to the report; and

   (d)  has considered such other matters as he thinks relevant, he may make a
        declaration in relation to the area.

(2) Subject to this Part, a declaration under sub-section (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 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 sub-section
               (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.