Document ID: chunk:federal_register_of_legislation:C2004A03448:body:0:p7
Version: federal_register_of_legislation:C2004A03448
Segment Type: other
Provision Reference: 
Character Range: 15799–18476

to be affected by the making of a declaration; and
     (b) shall give any such person an opportunity to be heard.
"(3) After notice is given under subsection (2) and any objections are heard and the Minister has consulted with any State Minister whose responsibility may be affected by the making of a declaration, the Minister shall:
     (a) if the Minister considers that, in all the circumstances of the case, it is reasonable and appropriate that a declaration be made for the preservation of the place or object—make the declaration and, in the declaration, specify the terms of the declaration and the manner of preservation to be adopted in relation to the place or object, including prohibition of access to, or interference with, the place or object; or
     (b) refuse to make the declaration.

"(4) The Minister may, at any time, on the application of the local Aboriginal community or on his or her own motion, vary or revoke a declaration or any matters specified in it.
"(5) A person likely to be affected by the making, variation or revocation of a declaration of preservation may request the Minister to appoint an arbitrator to review the Minister's decision.
"(6) If the Minister refuses to make, or revokes, a declaration of preservation or makes or varies a declaration, the local Aboriginal community may request the Minister to appoint an arbitrator to review the Minister's decision.
"(7) The Minister shall, after receiving a request under subsection (5) or (6), appoint an arbitrator, being a person whom the Minister considers to be in a position to deal with the matter impartially.
"(8) The making, variation or revocation of a declaration under this section:
     (a) shall be done by notice published in the Gazette; and
     (b) comes into operation on the date of publication or such later date as is specified in the notice.

Arbitration
"21f. (1) An arbitrator appointed under section 21d or 21e to review a decision of the Minister shall make a decision:
     (a) confirming the decision of the Minister;
     (b) varying the decision of the Minister; or
     (c) setting aside the decision of the Minister and making a decision (being a decision that the Minister could have made under section 21d or 21e, as the case requires) in substitution for the decision of the Minister.
"(2) Subject to subsection (3), a decision of the Minister as varied by an arbitrator, or a decision made by an arbitrator in substitution for a decision of the Minister, shall, except for the purposes of subsection 21d (7) or 21e (6), be deemed to be a decision of the Minister and has effect, unless the arbitrator otherwise determines, on and from the day on