Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 subsection ( 4) in relation to the area from a person nominated by him or her and has considered the report and any representations attached to the report; and
(d) has considered such other matters as he or she thinks relevant;
he or she may , by legislative instrument, make a declaration in relation to the area.
(2) Subject to this Part, a declaration under subsection ( 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 or she 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 subsection ( 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.