Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) land has been nominated as a site under section 5 or 7 ; and
(b) the Minister has approved the nominated land, or a specified part of the nominated land, as a site under section 9 .
(2) Subject to section 18 , the Minister may, in his or her absolute discretion, declare in writing that the site approved by the Minister, or a specified part of the site, is selected as the site for a facility. The declaration may specify all or some of the rights or interests in the selected site.
(3) Despite subsection ( 2), the Minister must not, after the general nomination start time, make such a declaration in relation to land nominated as a site under section 5 .
(4) Subject to section 18 , the Minister may, in his or her absolute discretion, declare in writing that all or specified rights or interests in land in a State or Territory specified in the declaration are required for providing all - weather road access to the selected site.
(5) To avoid doubt, rights and interests specified in a declaration under subsection ( 2) or (4) may include the following:
(a) rights to minerals (if any);
(b) native title rights and interests (if any);
(c) an interest in the land, being an interest that did not previously exist;
(d) an easement in gross (if any).
( 6 ) To avoid doubt, this section has effect subject to section 9 of the Racial Discrimination Act 1975 .
( 7 ) A declaration under subsection ( 2) or (4) is not a legislative instrument.