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NORTH STRADBROKE ISLAND PROTECTION AND SUSTAINABILITY ACT 2011 - SECT 19
Minister to decide application
19 Minister to decide application
(1) The Minister must, within 20 business days after receiving an application
under section 18 (1) , decide to grant or refuse the application.
(2) The
Minister may amend the restricted mine path map area to add an area of land
only if— (a) the land proposed to be added is not, or does not include, a
threatened ecosystem; and
(b) the Minister is satisfied that, compared to any
adverse impact of the restricted mine path map area before the addition of the
land, the amended area is not likely to have a significantly greater adverse
impact on— (i) Aboriginal cultural heritage; or
(ii) a threatened
ecosystem; and
(c) the addition of the land will not result in the total area
of the restricted mine path for an Enterprise Mine lease, or the total area of
the limit of disturbance, being increased in size; and
(d) the addition of
the land is consistent with the conditions applying under environmental
authority EPML00575913; and
(e) there is an ILUA in relation to the land
between— (i) the holder of the Enterprise Mine lease; and
(ii) a registered
native title body corporate for the land.
(3) In this section—
"Aboriginal cultural heritage" see the Aboriginal Cultural Heritage Act 2003 ,
section 8 .
"ILUA" means an indigenous land use agreement for which an application for
registration, on the Register of Indigenous Land Use Agreements, has been made
under the Native Title Act 1993 (Cwlth) .
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