4   Nomination by a Land Council

             (1)  A Land Council may, before the general nomination start time, nominate Aboriginal land in the area of the Land Council as a potential site.

Note:          After the general nomination start time, certain persons may nominate land in a State or Territory as a potential site—see Division 2 of this Part.

             (2)  A nomination must:

                     (a)  be in writing; and

                     (b)  be made to the Minister; and

                     (c)  specify the land nominated by reference to portion number (if any), survey points (if available) and geographical coordinates; and

                     (d)  contain evidence of all interests in the land; and

                     (e)  if there is a sacred site within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 on or near the land—contain evidence that the persons for whom the site is sacred or is otherwise of significance are satisfied that there is no substantial risk of damage to or interference with the sacred site as a result of the nomination or subsequent action under this Act; and

                      (f)  contain evidence that:

                              (i)  the Land Council has consulted with the traditional Aboriginal owners of the land; and

                             (ii)  the traditional Aboriginal owners understand the nature and effect of the proposed nomination and the things that might be done on or in relation to the land under this Act if the Minister approves the nomination; and

                            (iii)  the traditional Aboriginal owners as a group have consented to the proposed nomination being made (that consent as a group being determined in accordance with section 77A of the Aboriginal Land Rights (Northern Territory) Act 1976 ); and

                            (iv)  any Aboriginal community or group that may be affected by the proposed nomination has been consulted and has had adequate opportunity to express its view to the Land Council.

             (3)  The Minister may request further information from the Land Council.

             (4)  Failure to comply with subsection (2) does not invalidate a nomination.

             (5)  A nomination is not a legislative instrument.

5   Minister may declare that nominations can be made under section 6

             (1)  The Minister may make a declaration in writing that nominations of potential sites may be made under section 6.

Note:          After a declaration is made:

(a)    a nomination cannot be made under section 4 (see subsection 4(1)); and

(b)    the Minister must not approve land nominated under section 4, or declare land so nominated to be the selected site for a facility (see subsections 8(2) and 13(3)).

             (2)  In deciding whether to make a declaration, the Minister must have regard to whether it is unlikely that a facility will be able to be constructed and operated on Aboriginal land that has been nominated as a potential site under section 4 (whether or not that land has been approved as a site under section 8).

             (3)  A declaration takes effect at the time specified in the declaration, which must not be earlier than the time the declaration is made.

             (4)  A copy of a declaration must be published in the Gazette within 7 days of the declaration being made.

             (5)  Failure to comply with subsection (4) does not invalidate a declaration.

             (6)  A declaration is not a legislative instrument.

6   Who may make nominations

             (1)  This section applies if:

                     (a)  a declaration under section 5 is in effect; and

                     (b)  either of the following applies:

                              (i)  a person holds an interest in land;

                             (ii)  2 or more persons hold an interest in land as joint tenants or tenants in common; and

                     (c)  the land is in a State, the Australian Capital Territory or the Northern Territory; and

                     (d)  the interest in land is one of the following:

                              (i)  a lease of land granted by or on behalf of the Crown, a Minister of the Crown, a statutory authority or any other prescribed person, under a law of the Commonwealth, a State or a Territory;

                             (ii)  an estate in fee simple.

             (2)  If only one person holds the interest in the land, the person may nominate the land as a potential site.

             (3)  If 2 or more persons hold the interest in the land, the persons may jointly nominate the land as a potential site.

7   Rules about nominations

             (1)  A nomination made under section 6 must:

                     (a)  be in writing; and

                     (b)  be made to the Minister; and

                     (c)  specify the land nominated in accordance with subsection (2); and

                     (d)  contain evidence that the interest in the land held by the nominator or nominators of the land is an interest referred to in paragraph 6(1)(d); and

                     (e)  contain such other evidence (if any) as is prescribed by the regulations, including, but not limited to, the following:

                              (i)  evidence that one or more specified groups of persons have been consulted in relation to the nomination;

                             (ii)  evidence that one or more specified groups of persons are satisfied of specified matters in relation to the nomination;

                            (iii)  evidence that one or more specified groups of persons have consented to the making of the nomination.

             (2)  For the purposes of paragraph (1)(c), land must be specified by reference to:

                     (a)  survey points (if available); and

                     (b)  geographical coordinates; and

                     (c)  whichever of the following is appropriate:

                              (i)  portion number;

                             (ii)  district, division, section and block;

                            (iii)  certificate of title;

                            (iv)  plan and lot number;

                             (v)  volume and folio number;

                            (vi)  lot on plan;

                           (vii)  title identifier;

                          (viii)  parcel identifier;

                            (ix)  deposited plan;

                             (x)  title diagram;

                            (xi)  registered plan;

                           (xii)  a descriptor of a kind similar to a descriptor referred to in this paragraph.

             (3)  The Minister may request further information from a nominator of the land.

             (4)  Failure to comply with subsection (1) does not invalidate a nomination made under section 6.

             (5)  A nomination made under section 6 is not a legislative instrument.

8   Approval of nominated land

             (1)  Subject to subsection 9(6), the Minister may, in his or her absolute discretion, approve in writing land, or a specified part of land, nominated as a site under section 4 or 6.

             (2)  Despite subsection (1), the Minister must not, after the general nomination start time, approve land nominated as a site under section 4.

             (3)  The Minister does not have a duty to consider a nomination.

             (4)  An approval takes effect at the time specified in the approval, which must not be earlier than the time the approval is made.

             (5)  A copy of an approval must be published in the Gazette within 7 days of the approval being made.

             (6)  Failure to comply with subsection (5) of this section, or subsection 4(2), 5(4) or 7(1), does not invalidate an approval.

             (7)  An approval is not a legislative instrument.

9   Procedural fairness in relation to Minister’s declarations and approvals

Declaration under section 5

             (1)  Before the Minister decides to make a declaration under section 5, the Minister must:

                     (a)  give a notice in writing to each Land Council; and

                     (b)  publish a notice:

                              (i)  in the Gazette ; and

                             (ii)  in a daily newspaper that circulates generally in each State, the Australian Capital Territory and the Northern Territory.

             (2)  A notice under paragraph (1)(a) or (b) must:

                     (a)  state that the Minister proposes to make a declaration under section 5; and

                     (b)  invite comments on the proposed declaration; and

                     (c)  specify the address to which comments may be sent; and

                     (d)  specify the date by which comments must be received, which must be at least 60 days after the notice is given or published.

             (3)  In deciding whether to make a declaration under section 5, the Minister must take into account any relevant comments in response to an invitation referred to in paragraph (2)(b).

Approval under section 8

             (4)  Before the Minister decides to approve land, or a specified part of land, under section 8, the Minister must:

                     (a)  give a notice in writing to each nominator of the land; and

                     (b)  publish a notice:

                              (i)  in the Gazette ; and

                             (ii)  in a daily newspaper that circulates generally in each State, the Australian Capital Territory and the Northern Territory; and

                            (iii)  in a local newspaper (if any) circulating in the area in which the land is situated.

             (5)  A notice under paragraph (4)(a) or (b) must:

                     (a)  state that the Minister proposes to approve land, or a specified part of land, under section 8; and

                     (b)  if the notice is given under paragraph (4)(a)—invite each nominator of the land to comment on the proposed approval; and

                     (c)  if the notice is published under paragraph (4)(b)—invite persons with a right or interest in the land to comment on the proposed approval; and

                     (d)  specify the address to which comments may be sent; and

                     (e)  specify the date by which comments must be received, which must be at least 60 days after the notice is given or published.

             (6)  In deciding whether to approve land, or a specified part of land, under section 8, the Minister must take into account any relevant comments given to the Minister, by a nominator of the land, or a person with a right or interest in the land, in response to an invitation referred to in paragraph (5)(b) or (c).

Exhaustive statement

             (7)  This section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to:

                     (a)  the Minister’s decision whether to make a declaration under section 5; and

                     (b)  the Minister’s decision whether to approve land, or a specified part of land, under section 8.