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ABORIGINAL LAND AND WATERS (JERVIS BAY TERRITORY) ACT 1986 - SECT 49

Public access

  (1)   Subject to this section, where the Minister is satisfied that:

  (a)   a place that forms part of Aboriginal Land was, immediately before it became part of such land, a place to which the public had access; and

  (b)   it is desirable that the public should continue to have access to that place;

the Minister may, by notice in writing published in the Gazette specifying that place, declare that that place is a place to which this section applies.

  (2)   The Minister shall not make a declaration under subsection   (1) in relation to:

  (a)   a place to which a declaration under subsection   48(1) applies; or

  (b)   a place that is the subject of a lease to a person for use for domestic purposes within the meaning of Part   V.

  (3)   The public shall have right of access to a place in respect of which a declaration under subsection   (1) is in force (other than a place that has become a place referred to in subsection   (2)), but that access is subject to the regulations.

  (4)   In this section, place includes a road, a path and a trail.



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