Document ID: chunk:federal_register_of_legislation:C2004A03448:body:0:p5
Version: federal_register_of_legislation:C2004A03448
Segment Type: other
Provision Reference: 
Character Range: 10891–13577

be in force at the end of 30 days after it is made or such longer period, not exceeding 44 days, after it is made as the Minister fixes in any case unless it is sooner revoked or replaced by a temporary declaration under section 21d or a declaration under section 21e.
"(3) An emergency declaration may be varied or revoked:
     (a) if made by an inspector—by the inspector;
     (b) if made by the Minister—by the Minister; or
     (c) if made by a magistrate—by the magistrate on the application of the local Aboriginal community.
"(4) If an emergency declaration is made, varied or revoked by an inspector or the Minister, the inspector or Minister shall, without delay, notify:
     (a) the local Aboriginal community (if any) of the area where the Aboriginal place or Aboriginal object is found; and
     (b) in the case of an emergency declaration made by an inspector—the Minister;
and shall take all reasonable steps to notify any person who is likely to be affected.

"(5) If an emergency declaration is made by a magistrate on the application of a local Aboriginal community, the community shall, without delay, take all reasonable steps to notify any person who is likely to be affected.

Temporary declaration of preservation
"21d. (1) If a local Aboriginal community decides, whether after an application is made to it or on its own motion, that:
     (a) a place or object in the community area is an Aboriginal place or Aboriginal object; and
     (b) that place or object is under threat of injury or desecration;
the community may advise the Minister that it considers a temporary declaration of preservation should be made.
"(2) On receiving advice under subsection (1) or determining on his or her own motion that a temporary declaration of preservation should be made, the Minister:
     (a) shall, within 14 days, cause notice of the advice or determination to be given to any person who is likely 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 temporary declaration be made for the preservation of the place or object—make the declaration in writing, 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