Document ID: chunk:federal_register_of_legislation:C2021C00271:section:14
Version: federal_register_of_legislation:C2021C00271
Segment Type: section
Provision Reference: s 14
Character Range: 27446–29002

14  Minister's declaration of land as selected site or required for road access
 (1) This section applies if:
 (a) land has been nominated as a site under section 5 or 7; and
 (b) the Minister has approved the nominated land, or a specified part of the nominated land, as a site under section 9.
 (2) Subject to section 18, the Minister may, in his or her absolute discretion, declare in writing that the site approved by the Minister, or a specified part of the site, is selected as the site for a facility. The declaration may specify all or some of the rights or interests in the selected site.
 (3) Despite subsection (2), the Minister must not, after the general nomination start time, make such a declaration in relation to land nominated as a site under section 5.
 (4) Subject to section 18, the Minister may, in his or her absolute discretion, declare in writing that all or specified rights or interests in land in a State or Territory specified in the declaration are required for providing all‑weather road access to the selected site.
 (5) To avoid doubt, rights and interests specified in a declaration under subsection (2) or (4) may include the following:
 (a) rights to minerals (if any);
 (b) native title rights and interests (if any);
 (c) an interest in the land, being an interest that did not previously exist;
 (d) an easement in gross (if any).
 (6) To avoid doubt, this section has effect subject to section 9 of the Racial Discrimination Act 1975.
 (7) A declaration under subsection (2) or (4) is not a legislative instrument.