sec.201Access to land

sec.201 Access to land

While the State or Commonwealth is entitled to the occupation or use of land under section 199 (1) , the officers, employees, agents and servants of the State or Commonwealth and their licensees and invitees are entitled, with or without vehicles, machinery, plant and equipment (of any description), to enter and cross Aboriginal land for the purpose of gaining access to the land. A person mentioned in subsection (1) must only cross Aboriginal land by— the routes that were commonly used before the land became Aboriginal land; or other routes agreed on from time to time by the State or Commonwealth and the trustee of the land. The trustee of Aboriginal land, other than a registered native title body corporate, must not agree on a route for subsection (2) (b) unless— the trustee has explained to the Aboriginal people particularly concerned with the land the purpose and effect of the proposed route; and the Aboriginal people are given adequate opportunity to express their views on, and are generally in agreement with, the proposed route. Contravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (b) . If the Aboriginal land being occupied or used by the State or the Commonwealth under section 199 (1) is land that is the subject of a townsite lease or other registered interest ( relevant land )— subsection (2) applies to the relevant land as if the reference to the trustee of the land were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and subsection (3) does not apply. Subsection (5) does not affect the operation of subsections (2) and (3) in relation to Aboriginal land that is not relevant land. s 201 amd 2008 No. 29 s 47 ; 2011 No. 26 s 73 (sec.201-ssec.1) While the State or Commonwealth is entitled to the occupation or use of land under section 199 (1) , the officers, employees, agents and servants of the State or Commonwealth and their licensees and invitees are entitled, with or without vehicles, machinery, plant and equipment (of any description), to enter and cross Aboriginal land for the purpose of gaining access to the land. (sec.201-ssec.2) A person mentioned in subsection (1) must only cross Aboriginal land by— the routes that were commonly used before the land became Aboriginal land; or other routes agreed on from time to time by the State or Commonwealth and the trustee of the land. (sec.201-ssec.3) The trustee of Aboriginal land, other than a registered native title body corporate, must not agree on a route for subsection (2) (b) unless— the trustee has explained to the Aboriginal people particularly concerned with the land the purpose and effect of the proposed route; and the Aboriginal people are given adequate opportunity to express their views on, and are generally in agreement with, the proposed route. (sec.201-ssec.4) Contravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (b) . (sec.201-ssec.5) If the Aboriginal land being occupied or used by the State or the Commonwealth under section 199 (1) is land that is the subject of a townsite lease or other registered interest ( relevant land )— subsection (2) applies to the relevant land as if the reference to the trustee of the land were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and subsection (3) does not apply. (sec.201-ssec.6) Subsection (5) does not affect the operation of subsections (2) and (3) in relation to Aboriginal land that is not relevant land.