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s 32

Decision of Minister

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Part IIISites protection procedure
Division 3Review procedure

32 Decision of Minister

(1)

After considering the matter and carrying out the discussions, if any, referred to in section 31 the Minister may in his or her discretion:

(a)

uphold the decision or action of the Authority; or

(b)

issue to the applicant for the review a certificate in relation to the land or any part of the land comprised in a sacred site or on which a sacred site is situated, setting out conditions, if any, on which work may be carried out on or use made of the land as the Minister thinks fit.

(2)

A certificate under subsection (1)(b) has the same effect as an Authority Certificate and where it is in conflict with an Authority Certificate the Authority

Certificate, to the extent of that inconsistency, has no force or effect.

(3)

As soon as practicable after making it, the Minister shall, in writing, give to the

Authority and each person to whom a notice of the relevant review was given under section 30(3), a notice of the Minister's decision, the reasons for the decision and, where the Minister issues a certificate as a result of the decision, a copy of that certificate.

(4)

Where the Minister issues or refuses to issue a certificate under subsection (1)(b), the applicant, under section 30, may not seek a further review under that section unless the basis for the application is substantially different from the previous application and information, documents or records that are likely to be relevant for the consideration of the

Minister, being information, records or documents that were not available to the Minister at the time of considering the previous application, will be available to the Minister in connection with the consideration of the further application.

(5)

The Minister shall cause to be laid before the Legislative Assembly a copy of any notice given by him or her under subsection (3), together with a copy of the reasons given therewith.

Part IV Offences, penalties and procedures

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Section 32 — Decision of Minister — Northern Territory Aboriginal Sacred Sites Act 1989 (Northern Territory) — Barrister AI