10Procedural fairness in relation to Minister’s declarations and approvals

#### 10 Procedural fairness in relation to Minister’s declarations and approvals Declaration under section 6 (1) Before the Minister decides to make a declaration under section 6, the Minister must: (a) give a notice in writing to each Land Council; and (b) publish a notice: (i) in the Gazette; and (ii) in a daily newspaper that circulates generally in each State, the Australian Capital Territory and the Northern Territory. (2) A notice under paragraph (1)(a) or (b) must: (a) state that the Minister proposes to make a declaration under section 6; and (b) invite comments on the proposed declaration; and (c) specify the address to which comments may be sent; and (d) specify the date by which comments must be received, which must be at least 60 days after the notice is given or published. (3) In deciding whether to make a declaration under section 6, the Minister must take into account any relevant comments in response to an invitation referred to in paragraph (2)(b). Approval under section 9 (4) Before the Minister decides to approve land, or a specified part of land, under section 9, the Minister must: (a) give a notice in writing to each nominator of the land; and (b) publish a notice: (i) in the Gazette; and (ii) in a daily newspaper that circulates generally in each State, the Australian Capital Territory and the Northern Territory; and (iii) in a local newspaper (if any) circulating in the area in which the land is situated. (5) A notice under paragraph (4)(a) or (b) must: (a) state that the Minister proposes to approve land, or a specified part of land, under section 9; and (b) if the notice is given under paragraph (4)(a)—invite each nominator of the land to comment on the proposed approval; and (c) if the notice is published under paragraph (4)(b)—invite persons with a right or interest in the land to comment on the proposed approval; and (d) specify the address to which comments may be sent; and (e) specify the date by which comments must be received, which must be at least 60 days after the notice is given or published. (6) In deciding whether to approve land, or a specified part of land, under section 9, the Minister must take into account any relevant comments given to the Minister, by a nominator of the land, or a person with a right or interest in the land, in response to an invitation referred to in paragraph (5)(b) or (c). Exhaustive statement (7) This section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to: (a) the Minister’s decision whether to make a declaration under section 6; and (b) the Minister’s decision whether to approve land, or a specified part of land, under section 9.