Document ID: chunk:federal_register_of_legislation:C2022A00063:clause:1_41ci
Version: federal_register_of_legislation:C2022A00063
Segment Type: clause
Provision Reference: sch 1 cl 41CI
Character Range: 17868–20464

41CI  When authority is no longer in force in relation to an area of land

Declaration by Minister
 (1) The Minister may declare in writing that, on and after a specified time, a Part III authority, or specified provisions of a Part III authority, are no longer in force in relation to the whole, or a specified part, of the land in the Ranger Project Area.
Note: If the Minister makes such a declaration in relation to an area of land, it may be that:
(a) if the declaration relates only to specified provisions of the authority—other provisions of the authority remain in force in relation to that area of land; and
(b) the whole of the authority remains in force in relation to other areas of land.
 (2) However, the Minister may only make a declaration under subsection (1) if:
 (a) the rehabilitation requirements imposed by the Part III authority in relation to the whole or that part (as applicable) of the land in the Ranger Project Area have been satisfied or are taken to have been satisfied; and
 (b) before the Minister makes the declaration, the person or persons on whom the authority has been conferred agree in writing to the Minister making the declaration; and
 (c) before the Minister makes the declaration, the Minister consults on the proposed declaration with the Land Council for each area of land to which the declaration relates.
Note: Paragraph (a): a rehabilitation authority may specify conditions under which a rehabilitation requirement imposed by the authority is taken to be satisfied (see section 41CH).
 (3) A declaration under subsection (1) has effect for the purposes of this Act.

Declaration may have effect of terminating authority
 (4) If a declaration or declarations under subsection (1) have the effect that, on and after a certain time, no provisions of the Part III authority are in force in relation to any part of the land in the Ranger Project Area, then the Part III authority terminates at that time.

Copies of the declaration
 (5) If the Minister makes a declaration under subsection (1), the Minister must give a copy of the declaration to each of the following:
 (a) the person or persons on whom the Part III authority has been conferred;
 (b) the Land Council for each area of land to which the declaration relates;
 (c) the Minister who administers the Environment Protection and Biodiversity Conservation Act 1999;
 (d) the Northern Territory Mining Minister.

Declaration not a legislative instrument
 (6) A declaration under subsection (1) is not a legislative instrument.

Division 4—Variation and revocation of Part III authorities