Modification or abandonment of proposal
35 Modification or abandonment of proposal
(1) The Minister may, at any time before the date of acquisition, modify or abandon a proposal.
(2) The Minister must cause notice of any modification or abandonment of a proposal to be lodged with:
each affected person; and
(c) if a copy of the notice of proposal was lodged with the Registrar-General or the Native Title Registrar under section 32(1)(d) – the Registrar-General or the Native Title Registrar, as the case may be.
(3) The abandonment of a proposal under this section does not prevent the Minister from entering into negotiations to acquire the land the subject of the proposal by agreement under this Act or otherwise or prevent the acquisition of that land by such agreement.
(4) A reference in this section to the modification of a proposal is to be read as a reference to a modification that results in either or both of the following:
a reduction in the area of land proposed to be acquired;
(b) an alteration to the manner in which it is proposed to deal with the land if acquired, but not so as to have a greater impact (which, in the case of a proposal to deal with the land in a manner that affects native title rights and interests, means a greater impact or affect on native title) than the manner in which it was originally proposed to deal with the land.
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