Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 82

82. (1) Where, in the Minister's opinion, the public disclosure of particular information about the location or nature of an Aboriginal place would be likely to have a significant adverse effect on—

        (a)     Aboriginal tradition; or

        (b)     the heritage significance of the place;

the Minister shall, in writing, declare that information to be restricted information for the purposes of this Act.

(2) The Minister shall not make a declaration under subsection (1) without first consulting with, and considering the views of—

        (a)     the Heritage Council; and

        (b)     any relevant Aboriginal organisation;

about the relevant information.

(3) The Minister shall give a copy of a declaration under subsection (1) to—

        (a)     the lessee and the occupier of any land in relation to which the declaration is given;

        (b)     the Heritage Council; and

        (c)     any relevant Aboriginal organisation.

(4) A copy of a declaration given to a person under paragraph (3) (a) shall be accompanied by—

        (a)     a statement of the effect of the declaration;

        (b)     a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , the person may apply to the Tribunal for a review of the decision of the Minister to make the declaration; and

        (c)     except where subsection 26 (11) of that Act applies—a statement to the effect that the person may request a statement pursuant to section 26 of that Act.

(5) The validity of a decision of the Minister to make a declaration under subsection (1) is not affected by a failure to comply with subsections (2), (3) and (4).