Aboriginal Heritage Act 1972

In this section —

the applicant; and

any other party to proceedings in the State Administrative Tribunal arising from the application.

If an application is made to the State Administrative Tribunal under section 18(5) for review of a decision of the Minister made under section 18(3) or (6A), the Premier may determine the application if the Premier considers that the application raises issues of such State or regional importance that it would be appropriate for the application to be determined by the Premier.

The Premier may —

direct the President of the State Administrative Tribunal to refer the application to the Premier for determination; or

direct the State Administrative Tribunal to hear the application and then, without determining it, refer it, with recommendations, to the Premier for determination.

The Premier cannot give a direction under subsection (3) —

more than 14 days, or any longer period prescribed by the regulations, after the application is made to the State Administrative Tribunal; or

after a final determination has been made in relation to the application.

If the Premier gives a direction under subsection (3), the Premier —

must, within 14 days after the direction is given, give a copy of the direction to each party to the application and to the owner of the land the subject of the application if the owner is not a party; and

may give a copy of the direction to any native title party in relation to the land that is not a party to the application; and

must, as soon as is practicable, cause a copy of the direction to be laid before each House of Parliament.

The Premier may suspend the decision the subject of the application, in which case the decision is, while it is suspended, taken not to have been made. A suspension cannot extend beyond when the exercise of the power under subsection (9) has taken effect.

If the Premier gives a direction under subsection (3)(a), the owner of the land the subject of the application, and each native title party in relation to the land, may make written submissions to the Premier.

In determining the application, the Premier —

must take into account submissions made under subsection (7); and

must have regard to the general interest of the community; and

may take into account any other matter that the Premier considers relevant.

In determining the application, the Premier must do 1 of the following —

if the decision the subject of the application was to give, amend or confirm a consent —

confirm the decision the subject of the application;

amend the consent by amending the conditions to which it is subject, imposing new conditions or changing the specification of the land to which it relates;

revoke the consent;

revoke the consent and give a new consent;

otherwise —

confirm the decision the subject of the application;

give a consent;

reverse the decision.

On determining the application, the Premier —

must give written reasons for the determination to each party to the application and to the owner of the land the subject of the application if the owner is not a party; and

may give written reasons for the determination to any native title party in relation to the land that is not a party to the application; and

must, as soon as is practicable, cause a copy of those reasons to be laid before each House of Parliament.

A consent given under subsection (9)(a)(iv) or (b)(ii) —

is taken to have been given under section 18(3)(a), except that section 18(5) does not apply in relation to the decision to give the consent; and

is subject to the condition in section 18(6)(c).

The regulations may provide for —

procedural matters for the purposes of this section; and

timeframes for doing things under or for the purposes of this section, or for performing functions under this section, including by —

prescribing time limits within which a thing required or permitted to be done must be done; and

prescribing time limits within which a function must be performed; and

providing for the extension of such time limits.

Regulations under subsection (12) may be made in relation to hearings referred to in subsection (3)(b) and, to the extent necessary for such regulations, the State Administrative Tribunal Act 2004 section 92 is excluded.