sec.118Devolution of granted land

sec.118 Devolution of granted land

This section applies if— a trustee holds granted land for the benefit of a single group of Aboriginal people; and the last surviving member of the group dies without leaving a descendant. The trustee holds the land for the benefit of Aboriginal people particularly concerned with the land unless the Minister decides, in writing, that the trustee holds the land for a stated group of Aboriginal people. The chief executive must give notice to the registrar about how the land is vested in the trustee. On receiving the notice, the registrar must record in the freehold land register how the land is vested in the trustee. Before making a decision under subsection (2) , the Minister must consult with the Aboriginal people particularly concerned with the land and, unless the Minister is satisfied that exceptional circumstances exist that require the Minister to do otherwise, must have regard to— any Aboriginal tradition applicable to the land; and the views of the Aboriginal people to the extent they are not inconsistent with the Aboriginal tradition. Subsection (2) applies despite any other Act. s 118 ins 2011 No. 26 s 61 amd 2013 No. 23 s 352 sch 1 pt 1 ; 2021 No. 12 s 148 sch 3 (sec.118-ssec.1) This section applies if— a trustee holds granted land for the benefit of a single group of Aboriginal people; and the last surviving member of the group dies without leaving a descendant. (sec.118-ssec.2) The trustee holds the land for the benefit of Aboriginal people particularly concerned with the land unless the Minister decides, in writing, that the trustee holds the land for a stated group of Aboriginal people. (sec.118-ssec.3) The chief executive must give notice to the registrar about how the land is vested in the trustee. (sec.118-ssec.4) On receiving the notice, the registrar must record in the freehold land register how the land is vested in the trustee. (sec.118-ssec.5) Before making a decision under subsection (2) , the Minister must consult with the Aboriginal people particularly concerned with the land and, unless the Minister is satisfied that exceptional circumstances exist that require the Minister to do otherwise, must have regard to— any Aboriginal tradition applicable to the land; and the views of the Aboriginal people to the extent they are not inconsistent with the Aboriginal tradition. (sec.118-ssec.6) Subsection (2) applies despite any other Act.

• (a) a trustee holds granted land for the benefit of a single group of Aboriginal people; and
• (b) the last surviving member of the group dies without leaving a descendant.
• (a) any Aboriginal tradition applicable to the land; and
• (b) the views of the Aboriginal people to the extent they are not inconsistent with the Aboriginal tradition.