sec.46Decision on application

### sec.46 Decision on application The Minister must consider an application made under section 45 and decide— to give the approval; or to refuse the application. In considering the application, the Minister must have regard to— whether any Torres Strait Islanders particularly concerned with the land, other than native title holders of the land, may be adversely affected by the approval; and if the Minister is satisfied Torres Strait Islanders particularly concerned with the land will be adversely affected by the approval—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders. The Minister may give the approval only if, having regard to the matters mentioned in subsection (2) , the Minister is satisfied it is appropriate in the circumstances to give the approval. s 46 sub 2008 No. 29 s 85 ; 2011 No. 26 s 163 (sec.46-ssec.1) The Minister must consider an application made under section 45 and decide— to give the approval; or to refuse the application. (sec.46-ssec.2) In considering the application, the Minister must have regard to— whether any Torres Strait Islanders particularly concerned with the land, other than native title holders of the land, may be adversely affected by the approval; and if the Minister is satisfied Torres Strait Islanders particularly concerned with the land will be adversely affected by the approval—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders. (sec.46-ssec.3) The Minister may give the approval only if, having regard to the matters mentioned in subsection (2) , the Minister is satisfied it is appropriate in the circumstances to give the approval. - (a) to give the approval; or - (b) to refuse the application. - (a) whether any Torres Strait Islanders particularly concerned with the land, other than native title holders of the land, may be adversely affected by the approval; and - (b) if the Minister is satisfied Torres Strait Islanders particularly concerned with the land will be adversely affected by the approval—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.