National Radioactive Waste Management Act 2012

Before the Minister decides to make a declaration under section 14 in relation to land, the Minister must:

give a notice in writing to each nominator of the land; and

publish a notice:

in the Gazette; and

in a daily newspaper that circulates generally in each State, the Australian Capital Territory and the Northern Territory; and

in a local newspaper (if any) circulating in the area in which the land is situated.

A notice under paragraph (1)(a) or (b) must:

state that the Minister proposes to make a declaration under subsection 14(2) or (4); and

set out details of the proposed declaration; and

if the notice is given under paragraph (1)(a)—invite each nominator of the land to comment on the proposed declaration; and

if the notice is published under paragraph (1)(b)—invite persons with a right or interest in the land to comment on the proposed declaration; and

specify the address to which comments may be sent; and

specify the date by which comments must be received, which must be at least 60 days after the notice is given or published.

In deciding whether to make a declaration under section 14, the Minister must take into account any relevant comments given to the Minister, by a nominator of the land, or a person with a right or interest in the land, in response to an invitation referred to in paragraph (2)(c) or (d).

A reference in this section to each nominator of the land, in relation to a declaration under subsection 14(4) that rights or interests in land are required for providing all‑weather road access to the selected site, is a reference to each person who nominated the selected site under section 5 or 7.

This section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the Minister’s decision whether to make a declaration under section 14.