sec.179Decision-making by trustee

sec.179 Decision-making by trustee

This section applies if this Act provides that the trustee of Aboriginal land is required to make a decision about the land, including, for example, a decision about any of the following— the way in which the trustee will consult about the making of a freehold instrument for the land; whether to grant an interest in the land; whether to consent to the creation of a mining interest in the land; whether to enter into an agreement about the land. The trustee must— have regard to— if the Aboriginal people for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or if subparagraph (i) does not apply—any Aboriginal tradition, for decisions of that kind, of the Aboriginal people for whom the trustee holds the land; or if there is no decision-making process mentioned in paragraph (a) (i) or relevant Aboriginal tradition—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind. s 179 ins 2008 No. 29 s 44 amd 2011 No. 26 s 65 ; 2014 No. 45 s 13 (sec.179-ssec.1) This section applies if this Act provides that the trustee of Aboriginal land is required to make a decision about the land, including, for example, a decision about any of the following— the way in which the trustee will consult about the making of a freehold instrument for the land; whether to grant an interest in the land; whether to consent to the creation of a mining interest in the land; whether to enter into an agreement about the land. (sec.179-ssec.2) The trustee must— have regard to— if the Aboriginal people for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or if subparagraph (i) does not apply—any Aboriginal tradition, for decisions of that kind, of the Aboriginal people for whom the trustee holds the land; or if there is no decision-making process mentioned in paragraph (a) (i) or relevant Aboriginal tradition—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind.

• (a) the way in which the trustee will consult about the making of a freehold instrument for the land;
• (b) whether to grant an interest in the land;
• (c) whether to consent to the creation of a mining interest in the land;
• (d) whether to enter into an agreement about the land.
• (a) have regard to— (i) if the Aboriginal people for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or (ii) if subparagraph (i) does not apply—any Aboriginal tradition, for decisions of that kind, of the Aboriginal people for whom the trustee holds the land; or
• (i) if the Aboriginal people for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or