5Nomination by a Land Council

#### 5 Nomination by a Land Council (1) A Land Council may, before the general nomination start time, nominate Aboriginal land in the area of the Land Council as a potential site. > Note: After the general nomination start time, certain persons may nominate land in a State or Territory as a potential site—see Division 2 of this Part. (2) A nomination must: (a) be in writing; and (b) be made to the Minister; and (c) specify the land nominated by reference to portion number (if any), survey points (if available) and geographical coordinates; and (d) contain evidence of all interests in the land; and (e) if there is a sacred site within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 on or near the land—contain evidence that the persons for whom the site is sacred or is otherwise of significance are satisfied that there is no substantial risk of damage to or interference with the sacred site as a result of the nomination or subsequent action under this Act; and (f) contain evidence that: (i) the Land Council has consulted with the traditional Aboriginal owners of the land; and (ii) the traditional Aboriginal owners understand the nature and effect of the proposed nomination and the things that might be done on or in relation to the land under this Act if the Minister approves the nomination; and (iii) the traditional Aboriginal owners as a group have consented to the proposed nomination being made (that consent as a group being determined in accordance with section 77A of the Aboriginal Land Rights (Northern Territory) Act 1976); and (iv) any Aboriginal community or group that may be affected by the proposed nomination has been consulted and has had adequate opportunity to express its view to the Land Council. (3) The Minister may request further information from the Land Council. (4) Failure to comply with subsection (2) does not invalidate a nomination. (5) A nomination is not a legislative instrument.