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Commonwealth Radioactive Waste Management Bill 2005

Part 1A Nomination of sites

   

3A   Who may make nominations

             (1)  The Chief Minister of the Northern Territory may nominate land in the Northern Territory (other than Aboriginal land) as a potential site.

          (1A)  The Chief Minister of the Northern Territory must not nominate land under subsection (1) unless the Chief Minister has, at least 3 months before making the nomination, given writt en notice to the Land Council for the area in which the land is situated of the Chief Minister’s intention to nominate the land.

             (2)  A Land Council may nominate Aboriginal land in the area of the Land Council as a potential site.

3B  Rules about nominations

             (1)  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)  if the land is nominated by the Chief Minister of the Northern Territory—contain evidence of consent to the nomination by all persons holding interests in the land; and

                    (fa)  if the land is nominated by the Chief Minister of the Northern Territory and there is a registered native title claimant (within the meaning of the Native Title Act 1993 ) in relation to the land or any part of it—contain evidence of the consent to the nomination by the claimant; and

                    (fb)  if:

                              (i)  the land is nominated by the Chief Minister of the Northern Territory; and

                             (ii)  the land or any part of it is the subject of an application of the kind mentioned in paragraph 50(1)(a) of the Aboriginal Land Rights (Northern Territory) Act 1976 that was made before 5 June 1997; and

                            (iii)  the traditional land claim the subject of that application has not been finally disposed of;

                            contain evidence of the matters mentioned in subsection (1B); and

                     (g)  if the land is nominated by a Land Council—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.

          (1A)  The reference in paragraph (1)(f) to persons holding interests in land includes any registered native title body corporate (within the meaning of the Native Title Act 1993 ) in relation to the land or any part of it.

          (1B)  For the purposes of paragraph (1)(fb), the nomination must contain evidence that:

                     (a)  the Land Council for the area in which the land is situated has consulted with the traditional Aboriginal owners of the land; and

                     (b)  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

                     (c)  the traditional Aboriginal owners as a group have consented to the 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

                     (d)  the Land Council has consulted with any Aboriginal community or group that may be affected by the proposed nomination and the community or group has had adequate opportunity to express its view to the Land Council, and that the Chief Minister of the Northern Territory has considered any such view.

             (2)  The Minister may request further information from a nominator.

             (3)  A nomination is not a legislative instrument.

3C   Approval of nominated land

             (1)  The Minister may, in his or her absolute discretion, approve in writing nominated land or a specified part of nominated land as a site.

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

             (3)  An approval has effect at the time specified in the approval (which must not be earlier than the time the approval is made).

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

             (5)  Failure to comply with subsection (4) does not invalidate an approval.

             (6)  Failure to comply with subsection 3B(1) does not affect the validity of an approval.

             (7)  An approval is not a legislative instrument.

3D  Procedural fairness in relation to approvals

                   No person is entitled to procedural fairness in relation to a Minister’s approval.