Commonwealth Consolidated Acts Commonwealth Consolidated ActsNominations may be made
(1) If a declaration under section 6 is in effect, a person or persons may, in accordance with this section, nominate land in a State, the Australian Capital Territory or the Northern Territory as a potential site.
Nominations by holders of certain interests in land
(2) A person may nominate land under this subsection as a potential site if:
(a) the person holds an interest in the land; and
(b) the interest is:
(i) an estate in fee simple; or
(ii) a lease of land granted by or on behalf of the Crown, a Minister of the Crown, a statutory authority or any other prescribed person, under a law of the Commonwealth, a State or a Territory; and
(c) the person does not hold the interest as a joint tenant or a tenant in common.
(3) The persons who, as joint tenants or tenants in common, hold one of the following interests in land may jointly nominate the land under this subsection as a potential site:
(a) an estate in fee simple;
(b) a lease of the land granted by or on behalf of the Crown, a Minister of the Crown, a statutory authority or any other prescribed person, under a law of the Commonwealth, a State or a Territory.
Nominations where native title exists
(4) A person may nominate land under this subsection as a potential site if:
(a) an approved determination of native title covers an area containing the land; and
(b) the approved determination of native title determines that:
(i) native title exists in relation to the land; and
(ii) the native title rights and interests confer possession, occupation, use and enjoyment of the land on the native title holders to the exclusion of all others; and
(c) one of the following applies:
(i) in the case of an approved determination of native title by the Federal Court--the person is a prescribed body corporate that holds the native title rights and interests concerned on trust, or is an agent prescribed body corporate in relation to the native title rights and interests concerned;
(ii) in the case of an approved determination of native title by a recognised State/Territory body--the person is a body corporate that holds the native title rights and interests concerned on trust, or that is determined in relation to the native title under a provision of a law of the State or Territory concerned that corresponds to section 57 of the Native Title Act 1993 .
(5) In this section:
"agent prescribed body corporate" has the same meaning as in the Native Title Act 1993 .
"approved determination of native title" has the same meaning as in the Native Title Act 1993 .
"prescribed body corporate" has the same meaning as in the Native Title Act 1993 .
"recognised State/Territory body" has the same meaning as in the Native Title Act 1993.