82FVariation of role etc. of Traditional Owner Land Management Board

82F Variation of role etc. of Traditional Owner Land Management Board (1) The Minister may, by determination— (a) vary the public land in relation to which, under section 82B(5)(a), a Traditional Owner Land Management Board is appointed; S. 82F(1)(b) amended by No. 62/2010 s. 100(a). (b) vary the role that the Board is to undertake in relation to the land; S. 82F(1)(c) amended by No. 62/2010 s. 100(b). (c) vary the functions, powers and duties that the Board is to have under this or any other Act whether by adding, amending or removing functions, powers or duties. (2) Before making a variation under subsection (1), if the Minister is not the relevant land Minister for the public land, the Minister must obtain the consent of the relevant land Minister. (3) In making a variation under subsection (1) the Minister must have regard to any agreement entered into under Division 5. (4) A determination under this section must be published in the Government Gazette and has effect on being published in the Government Gazette. S. 82FA inserted by No. 62/2010 s. 101. 82FA Requirements for variation where recognition and settlement agreement applies If a Traditional Owner Land Management Board has been appointed as part of giving effect to a recognition and settlement agreement, the Minister must not make a determination under— (a) section 82F(1)(a) or (b), or, subject to paragraph (b), section 82F(1)(c), unless the Minister has first obtained the consent of the traditional owner group entity; (b) section 82F(1)(c) to remove functions, powers or duties from the Board, unless the Minister has first consulted with the Board. S. 82G inserted by No. 82/2009 s. 38. 82G Abolition of Traditional Owner Land Management Board (1) The Minister may, by determination, abolish a Traditional Owner Land Management Board. (2) The Minister must not abolish a Board under subsection (1) unless the Minister has first consulted with the traditional owner group entity of the appointed land. (3) Before abolishing a Board under subsection (1), if the Minister is not the relevant land Minister for any of the appointed land, the Minister must consult with the relevant land Minister. (4) In abolishing a Board under subsection (1) the Minister must have regard to any agreement entered into under Division 5. (5) A determination under this subsection must be published in the Government Gazette and has effect on being published in the Government Gazette. (6) Schedule 4 has effect with respect to any determination under this section. S. 82GA inserted by No. 62/2010 s. 102. 82GA Requirements for abolition where recognition and settlement agreement applies (1) If a Traditional Owner Land Management Board has been appointed as part of giving effect to a recognition and settlement agreement, the Minister must not make a determination under section 82G unless— (a) the Minister is satisfied that the Board has substantially failed to perform the powers, duties and functions conferred on the Board by or under this or any other Act; or (b) the Minister has the agreement of the traditional owner group entity to the abolition of the Board. (2) Before making a decision under subsection (1), the Minister must— (a) advise the Board that there is a proposal to abolish the Board and the reasons for that proposal; and (b) allow the Board or its representative a reasonable opportunity to make written or oral submissions to the Minister. (3) In making a decision under subsection (1) the Minister must have regard to any submissions made by the Board under section (2)(b).