Document ID: chunk:federal_register_of_legislation:C2023C00222:section:49
Version: federal_register_of_legislation:C2023C00222
Segment Type: section
Provision Reference: s 49
Character Range: 68896–69944

49  Public access
 (1) Subject to this section, where the Minister is satisfied that:
 (a) a place that forms part of Aboriginal Land was, immediately before it became part of such land, a place to which the public had access; and
 (b) it is desirable that the public should continue to have access to that place;
the Minister may, by notice in writing published in the Gazette specifying that place, declare that that place is a place to which this section applies.
 (2) The Minister shall not make a declaration under subsection (1) in relation to:
 (a) a place to which a declaration under subsection 48(1) applies; or
 (b) a place that is the subject of a lease to a person for use for domestic purposes within the meaning of Part V.
 (3) The public shall have right of access to a place in respect of which a declaration under subsection (1) is in force (other than a place that has become a place referred to in subsection (2)), but that access is subject to the regulations.
 (4) In this section, place includes a road, a path and a trail.