In a two-stage statutory decision-making process under the Aboriginal Heritage Act 1972 (WA), the Minister's jurisdiction under s 18 is enlivened by receipt of a recommendation from the Committee, and an applicant cannot attack the Minister's decision by impugning the Committee's recommendation without first having that recommendation quashed. The Minister is not obliged to afford procedural fairness to affected Aboriginal persons where the Committee has already done so, unless the Minister takes into account new matter not before the Committee. However, if the recommendation transmitted to the Minister does not accurately record the Committee's actual recommendation, the validity of the Minister's consent is in serious question.
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