49Public access

49 Public access

(1) Subject to this section, where the Minister is satisfied that: (a) a place that forms part of Aboriginal Land was, immediately before it became part of such land, a place to which the public had access; and (b) it is desirable that the public should continue to have access to that place; the Minister may, by notice in writing published in the Gazette specifying that place, declare that that place is a place to which this section applies. (2) The Minister shall not make a declaration under subsection (1) in relation to: (a) a place to which a declaration under subsection 48(1) applies; or (b) a place that is the subject of a lease to a person for use for domestic purposes within the meaning of Part V. (3) The public shall have right of access to a place in respect of which a declaration under subsection (1) is in force (other than a place that has become a place referred to in subsection (2)), but that access is subject to the regulations. (4) In this section, place includes a road, a path and a trail.