Document ID: chunk:federal_register_of_legislation:C2004A03448:body:0:p6
Version: federal_register_of_legislation:C2004A03448
Segment Type: other
Provision Reference: 
Character Range: 13330–16026

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 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 temporary declaration or any matters specified in it.
"(5) The Minister shall cause appropriate notice to be given of the making, variation or revocation of a temporary declaration.
"(6) A person affected or likely to be affected by the making, variation or revocation of a temporary declaration of preservation may request the Minister to appoint an arbitrator to review the Minister's decision.
"(7) If the Minister refuses to make, or revokes, a temporary 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.
"(8) The Minister shall, after receiving a request under subsection (6) or (7), appoint an arbitrator, being a person whom the Minister considers to be in a position to deal with the matter impartially.
"(9) Subject to section 21f, a temporary declaration of preservation ceases to be in force at the end of 60 days after it is made, or such longer period, not exceeding 120 days, after it is made as the Minister, on the advice of the local Aboriginal community, fixes unless it is sooner revoked or replaced by a declaration under section 21e.

Declaration of preservation
"21e. (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) it is appropriate, having regard to the importance of maintaining the relationship between Aboriginals and that place or object, that a declaration of preservation should be made in relation to that place or object;
the community may advise the Minister that it considers a declaration of preservation should be made.
"(2) On receiving advice under subsection (1) or determining on his or her own motion that a 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