Aboriginal and Torres Strait Islander Land Holding Act 2013
sec.48Decision of Land Court for contested deferred grant
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sec.48 Decision of Land Court for contested deferred grant
The Land Court must decide the application. In deciding the application, the court must decide— whether the requirements of this division have been complied with; and whether it is reasonable that the application be granted. The court may— grant the application, whether or not subject to conditions; or refuse the application; or make any order the court considers appropriate. The parties to the proceeding before the Land Court are— the Minister; and the proposed grantee under the proposed contested deferred grant; and each party to an agreement supporting the making of the proposed contested deferred grant; and all persons identified by the Minister in the statement of reasons (contested deferred grant) as persons whose agreement has not been obtained; and the reference entity for the lease entitlement. The Minister must make a contested deferred grant as decided by the Land Court. The granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force. The chief executive may publish on the department’s website that the lease entitlement notice has been satisfied by the grant of a lease. (sec.48-ssec.1) The Land Court must decide the application. (sec.48-ssec.2) In deciding the application, the court must decide— whether the requirements of this division have been complied with; and whether it is reasonable that the application be granted. (sec.48-ssec.3) The court may— grant the application, whether or not subject to conditions; or refuse the application; or make any order the court considers appropriate. (sec.48-ssec.4) The parties to the proceeding before the Land Court are— the Minister; and the proposed grantee under the proposed contested deferred grant; and each party to an agreement supporting the making of the proposed contested deferred grant; and all persons identified by the Minister in the statement of reasons (contested deferred grant) as persons whose agreement has not been obtained; and the reference entity for the lease entitlement. (sec.48-ssec.5) The Minister must make a contested deferred grant as decided by the Land Court. (sec.48-ssec.6) The granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force. (sec.48-ssec.7) The chief executive may publish on the department’s website that the lease entitlement notice has been satisfied by the grant of a lease.
- (a) whether the requirements of this division have been complied with; and
- (b) whether it is reasonable that the application be granted.
- (a) grant the application, whether or not subject to conditions; or
- (b) refuse the application; or
- (c) make any order the court considers appropriate.