Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_26a:p2
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 26A (pt 2/2)
Character Range: 149466–151243

the purpose of minimising the impact of the act on the exercise of native title rights and interests in relation to land or waters that will be affected by the act, and in particular about the matters set out in subsection (7).

Matters relevant to fourth condition

 (7) The matters are:
 (a) the protection and avoidance of any area or site, on the land or waters to which the native title rights and interests relate, of particular significance to the persons holding the native title in accordance with their traditional laws and customs; and
 (b) any access to the land or waters to which the native title rights and interests relate by:
 (i) those persons; or
 (ii) any person who will do any thing that is authorised because of, results from, or otherwise relates to, the doing of the act; and
 (c) the way in which any other thing that:
 (i) is authorised because of, results from, or otherwise relates to, the doing of the act; and
 (ii) affects the native title rights and interests;
  is to be done.

Revocation of determination

 (8) If, at any time after making the determination, the Commonwealth Minister considers that circumstances have changed to the extent that the conditions in this section would not be satisfied if he or she were making the determination at that time, the Commonwealth Minister must:
 (a) if the act or acts are done by a State or Territory:
 (i) advise the State Minister or the Territory Minister concerned in writing of the fact; and
 (ii) if at the end of 90 days, or such longer period as the Commonwealth Minister allows, after doing so, the conditions in this section would still not be satisfied—in writing, revoke the determination; or
 (b) if the act or acts are done by the Commonwealth—in writing, revoke the determination.