Native Title Part 2
Future acts etc. and native title Division 3
Section 26B
for the purpose of minimising the impact of the act on land or
waters, in relation to which native title rights and interests
may exist, that will be affected by the act, and in particular
about the matters set out in subsection (8).
Matters relevant to sixth condition
(8) The matters are:
(a) the protection and avoidance of any area or site, on the land
or waters to which the native title rights and interests relate,
of particular significance to the persons holding the native
title in accordance with their traditional laws and customs;
and
(b) any access to the land or waters to which the native title
rights and interests relate by:
(i) those persons; or
(ii) any person who will do any thing that is authorised
because of, results from, or otherwise relates to, the
doing of the act; and
(c) the way in which any rehabilitation or other thing that is
authorised because of, results from, or otherwise relates to,
the doing of the act is to be done.
Revocation of determination
(9) If, at any time after making the determination, the Commonwealth
Minister considers that circumstances have changed to the extent
that the conditions in this section would not be satisfied if he or she
were making the determination at that time, the Commonwealth
Minister must:
(a) advise the State Minister or the Territory Minister concerned
in writing of the fact; and
(b) if at the end of 90 days, or such longer period as the
Commonwealth Minister allows, after doing so, the
conditions in this section would still not be satisfied—by
legislative instrument, revoke the determination.
Compilation No. 47
Native Title Act 1993
125
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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