Commonwealth Numbered Acts

Aboriginal and Torres Strait Islander Heritage (Interim Protection) Act 1984 No. 79 of 1984 - SECT 13

13. (1) In this section-

''declaration'' means a declaration under this Division;

''Minister'', in relation to Norfolk Island, means an executive member as
defined by the Norfolk Island Act 1979.

(2) The Minister shall not make a declaration in relation to an area, object
or objects located in a State, the Northern Territory or Norfolk Island unless
he has consulted with the appropriate Minister of that State or Territory as
to whether there is, under a law of that State or Territory, effective
protection of the area, object or objects from the threat of injury or
desecration.

(3) The Minister may, at any time after receiving an application for a
declaration, whether or not he has made a declaration pursuant to the
application, request such persons as he considers appropriate to consult with
him, or with a person nominated by him, with a view to resolving, to the
satisfaction of the applicant or applicants and the Minister, any matter to
which the application relates.

(4) Any failure to comply with sub-section (2) does not invalidate the making
of a declaration.

(5) Where the Minister is satisfied that the law of a State or of any
Territory makes effective provision for the protection of an area, object or
objects to which a declaration applies, he shall revoke the declaration to the
extent that it relates to the area, object or objects.

(6) Nothing in this section limits the power of the Minister to revoke or vary
a declaration at any time.