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ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION ACT 1984 - SECT 9

Emergency declarations in relation to areas

  (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; and

  (b)   is satisfied:

  (i)   that the area is a significant Aboriginal area; and

  (ii)   that it is under serious and immediate threat of injury or desecration;

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, not exceeding 30 days, as is specified in the declaration.

  (3)   The Minister may, if he or she is satisfied that it is necessary to do so, declare by legislative instrument that a declaration made under subsection   ( 1) shall remain in effect for such further period as is specified in the declaration made under this subsection, not being a period extending beyond the expiration of 60 days after the day on which the declaration under subsection   ( 1) came into effect.



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