Document ID: chunk:federal_register_of_legislation:C2021C00271:section:18
Version: federal_register_of_legislation:C2021C00271
Segment Type: section
Provision Reference: s 18
Character Range: 31064–33109

18  Procedural fairness in relation to Minister's declarations
 (1) Before the Minister decides to make a declaration under section 14 in relation to land, the Minister must:
 (a) give a notice in writing to each nominator of the land; and
 (b) publish a notice:
 (i) in the Gazette; and
 (ii) in a daily newspaper that circulates generally in each State, the Australian Capital Territory and the Northern Territory; and
 (iii) in a local newspaper (if any) circulating in the area in which the land is situated.
 (2) A notice under paragraph (1)(a) or (b) must:
 (a) state that the Minister proposes to make a declaration under subsection 14(2) or (4); and
 (b) set out details of the proposed declaration; and
 (c) if the notice is given under paragraph (1)(a)—invite each nominator of the land to comment on the proposed declaration; and
 (d) if the notice is published under paragraph (1)(b)—invite persons with a right or interest in the land to comment on the proposed declaration; and
 (e) specify the address to which comments may be sent; and
 (f) specify the date by which comments must be received, which must be at least 60 days after the notice is given or published.
 (3) In deciding whether to make a declaration under section 14, the Minister must take into account any relevant comments given to the Minister, by a nominator of the land, or a person with a right or interest in the land, in response to an invitation referred to in paragraph (2)(c) or (d).
 (4) A reference in this section to each nominator of the land, in relation to a declaration under subsection 14(4) that rights or interests in land are required for providing all‑weather road access to the selected site, is a reference to each person who nominated the selected site under section 5 or 7.

Exhaustive statement
 (5) This section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the Minister's decision whether to make a declaration under section 14.

Division 3—Acquisition or extinguishment