Document ID: chunk:federal_register_of_legislation:C2024C00224:section:26b:p2
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 26B (pt 2/2)
Character Range: 219918–221988

assuming the person had an interest of any kind in relation to the land or waters; and
 (c) either:
 (i) the person, or one of the persons, who will do any thing authorised by the act will have a legal obligation to consult appropriately any person or body covered by subparagraph (a)(i) or (ii), unless the person or body indicates that the person or body does not wish to be so consulted; or
 (ii) procedures will be in place under which such consultation will be required;
  for the purpose of minimising the impact of the act on land or waters, in relation to which native title rights and interests may exist, that will be affected by the act, and in particular about the matters set out in subsection (8).

Matters relevant to sixth condition
 (8) 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 rehabilitation or other thing that is authorised because of, results from, or otherwise relates to, the doing of the act is to be done.

Revocation of determination
 (9) 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) advise the State Minister or the Territory Minister concerned in writing of the fact; and
 (b) 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—by legislative instrument, revoke the determination.