Commonwealth Numbered Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 377

Minister must establish Board if land council or traditional owners agree
(1)
The Minister must establish a Board for a specified Commonwealth reserve by notice published in the Gazette and in the way (if any) prescribed by the regulations if he or she agrees on the matters set out in subsection (2) with:

(a)
the land council for the indigenous people's land in the reserve that the Director holds under lease; or

(b)
if there is not such a land council—the traditional owners of the indigenous people's land in the reserve that the Director holds under lease.

(2)
The matters to be agreed on are:

(a)
that a Board should be established for the reserve; and

(b)
the name of the Board; and

(c)
the number of positions of member of the Board; and

(d)
the qualifications for appointment to each position of member of the Board.

(3)
The notice must specify each of the matters described in paragraphs (2)(b), (c) and (d).

Note: The notice may specify different qualifications for different positions. See subsection 33(3A) of the Acts Interpretation Act 1901 .

(4)
If the reserve consists wholly or mostly of indigenous people's land held by the Director under lease, a majority of the members of the Board must be indigenous persons nominated by the traditional owners of the indigenous people's land.

(5)
If the reserve is in a State or self-governing Territory, at least one member of the Board must be a person nominated by the State or Territory.

Note: By agreement between the Minister and the land council or traditional owners, more than one member of a Board may be a person nominated by the State or Territory.


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