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Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984 No. 79 of 1984 - SECT 10
Other declarations in relation to areas
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.
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