Minister may declare that nominations can be made under section 7
6 Minister may declare that nominations can be made under section 7
The Minister may make a declaration in writing that nominations of potential sites may be made under section 7.
After a declaration is made:
a nomination cannot be made under section 5 (see subsection 5(1)); and
the Minister must not approve land nominated under section 5, or declare land so nominated to be the selected site for a facility (see subsections 9(2) and 14(3)).
In deciding whether to make a declaration, the Minister must have regard to whether it is unlikely that a facility will be able to be constructed and operated on Aboriginal land that has been nominated as a potential site under section 5 (whether or not that land has been approved as a site under section 9).
A declaration takes effect at the time specified in the declaration, which must not be earlier than the time the declaration is made.
A copy of a declaration must be published in the Gazette within 7 days of the declaration being made.
Failure to comply with subsection (4) does not invalidate a declaration.
A declaration is not a legislative instrument.
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