sec.188Mortgage of trustee (Aboriginal) lease

sec.188 Mortgage of trustee (Aboriginal) lease

Subject to subsection (2) , a lessee of Aboriginal trust land may, under the Land Act , chapter 6 , part 4 , division 4 , mortgage a trustee (Aboriginal) lease. For mortgaging a trustee (Aboriginal) lease— the Land Act , chapter 6 , part 4 , division 4 , applies— as if the reference in section 345 (2) to the Minister were a reference to the trustee; and as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and as if section 347 were omitted; and section 182 applies as if the reference in section 182 (1) to Aboriginal land were a reference to Aboriginal trust land. s 188 ins 2008 No. 29 s 44 (sec.188-ssec.1) Subject to subsection (2) , a lessee of Aboriginal trust land may, under the Land Act , chapter 6 , part 4 , division 4 , mortgage a trustee (Aboriginal) lease. (sec.188-ssec.2) For mortgaging a trustee (Aboriginal) lease— the Land Act , chapter 6 , part 4 , division 4 , applies— as if the reference in section 345 (2) to the Minister were a reference to the trustee; and as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and as if section 347 were omitted; and section 182 applies as if the reference in section 182 (1) to Aboriginal land were a reference to Aboriginal trust land.

• (a) the Land Act , chapter 6 , part 4 , division 4 , applies— (i) as if the reference in section 345 (2) to the Minister were a reference to the trustee; and (ii) as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and (iii) as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and (iv) as if section 347 were omitted; and
• (i) as if the reference in section 345 (2) to the Minister were a reference to the trustee; and
• (ii) as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and
• (iii) as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and
• (iv) as if section 347 were omitted; and
• (b) section 182 applies as if the reference in section 182 (1) to Aboriginal land were a reference to Aboriginal trust land.