45AJudicial review

45A Judicial review (1) A person aggrieved by a decision of the Minister to acquire land under this Division may apply to the Supreme Court for judicial review of the decision. (2) On receipt of an application under subsection (1), the Supreme Court may review the Minister's decision. (2A) To avoid doubt, judicial review under subsection (2) does not extend to a review of the decision on its merits. (2B) Where the decision being reviewed complies in whole or in part with a recommendation of the Tribunal, the recommendation, that part of the decision of the Tribunal to make the recommendation and the Tribunal's reasons for that part of its decision are all to be taken to form part of both the decision being reviewed and the record of the decision being reviewed. Lands Acquisition Act 1978 31 (2C) Where in pursuance of section 45(2C) the Minister has provided reasons for the decision being reviewed, those reasons are to be taken to form part of both that decision and the record of that decision. (3) In this section person aggrieved means a person: (a) who, immediately before the date of acquisition, had an interest in the acquired land that was divested, modified or affected by the acquisition; and (b) who lodged an objection to the acquisition under section 34 that was not subsequently withdrawn, and includes: (c) a registered native title claimant or registered native title body corporate whose registered native title rights and interests were affected by the acquisition and who lodged an objection to the acquisition under section 34; (d) a registered native title body corporate that is registered on the National Native Title Register maintained under the Native Title Act and holds native title on trust for a person who lodged an objection to the acquisition under section 34 in his or her capacity as a registered native title claimant; (e) a person who lodged an objection to the acquisition under section 34 in his or her capacity as a registered native title claimant where, in respect of the relevant native title determination application, an approved determination that the claimant holds native title in the affected land has since been made; and (f) a person who under section 66B of the Native Title Act replaced a registered native title claimant who lodged an objection to the acquisition under section 34, unless the objection was subsequently withdrawn.