(1) Where the
Committee recommends to the Minister that an Aboriginal site is of outstanding
importance and that it appears to the Committee that the Aboriginal site
should be declared a protected area the Minister shall give notice in writing
of the recommendation —
every person entitled to give notice under section 18(2); and
any other person the Minister has reason to believe has an interest that might
be specially affected if the declaration were made,
specifying in each
notice a time within which representations must be made if they are to be
considered in accordance with this section.
(2) A person aggrieved
by a recommendation for the declaration of a protected area may make
representations in writing to the Minister setting out the grounds upon which
he is aggrieved and the Minister may, if he is satisfied that the complainant
has shown reasonable cause why his interest in the matter should be taken into
consideration, direct the Committee to consider the representations and report
to him on them.
(3) If upon
considering the representations, the report of the Committee, and any further
information that the Minister may require the complainant or the Committee to
provide, it appears to the Minister that it is in the general interest of the
community to do so, the Minister may recommend to the Governor that the
Aboriginal site be declared a protected area.
(4) The Governor, on
the recommendation of the Minister, may by Order in Council declare an
Aboriginal site to be a protected area.
(5) The declaration of
a protected area shall specify the boundaries of that area in sufficient
detail to enable them to be established but it shall not be necessary that the
boundaries are surveyed or demarcated.
(6) An Aboriginal site
may be declared to be a protected area whether or not it is on land that is in
the ownership or possession of any person or is reserved for any public
[Section 19 inserted: No. 8 of 1980 s. 6; amended:
No. 24 of 1995 s. 20.]