Document ID: chunk:federal_register_of_legislation:C2007C00447:clause:1_28c
Version: federal_register_of_legislation:C2007C00447
Segment Type: clause
Provision Reference: sch 1 cl 28C
Character Range: 63932–66092

28C  Minister may agree to delegation or variation if Land Council refuses to do so

 (1) If:
 (a) a Land Council refuses, or is taken to have refused, under section 28A to make a delegation to a body corporate; or
 (b) a Land Council refuses under subsection 28B(4), or is taken to have refused under subsection 28B(6), to vary a delegation to a body corporate;
the body may:
 (c) send a copy of the application concerned to the Minister; and
 (d) request the Minister, in writing, to decide it is appropriate for the Council to make the delegation, or the variation to the delegation, sought by the body (as the case requires).

 (2) The Minister must, by notice in writing, approve or refuse the request.

 (3) The Minister must not approve the request unless he or she is satisfied that the body will be able to satisfactorily perform the functions and exercise the powers sought by the body.

Minister may seek Council's assistance

 (4) In deciding whether to approve or refuse the request, the Minister may, by notice in writing, require the Council to:
 (a) give specified information to the Minister; or
 (b) make specified reports available to the Minister; or
 (c) provide specified assistance to the Minister.
The Council must comply with any such requirement.

Consultation

 (5) In deciding whether to approve or refuse the request, the Minister must consult the Council. The Minister may also consult such other persons or bodies as the Minister thinks appropriate.

Approval

 (6) If the Minister approves the request:
 (a) the Minister must give the body and the Council written notice of the approval; and
 (b) at the time the Minister gives the body notice of the approval, the Council is taken to have made the delegation under section 28, or the variation to the delegation, sought by the body (as the case requires).

Refusal

 (7) If the Minister refuses the request, the Minister must give the body and the Council written notice of the refusal. The Minister must also give the body written reasons for the refusal.

Notice not a legislative instrument

 (8) A notice under subsection (2) or (4) is not a legislative instrument.