(1) The Minister may, by Gazette notice (a fossicking area declaration ), declare a specified area of land to be a fossicking area.
(2) Unless the specified area of land is vacant Crown land, the Minister may make a fossicking area declaration for the land only with the written consent of the landowner.
(3) If an approved determination of native title is made over all or part of the land in a declared fossicking area, the Minister must consider the effect of the approved determination on the land and vary or revoke the fossicking area declaration as required.
(4) In this section:
"Crown land", see section 3 of the Crown Lands Act .