Aboriginal Land Act 1991
sec.23Land that is claimable land
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sec.23 Land that is claimable land
Subject to subsection (3) , claimable land is— available State land declared by regulation to be claimable land for this Act; or Aboriginal land that— is transferred land; and became transferred land before 22 December 2006. A declaration under subsection (1) (a) may describe the available State land concerned in any way, including, for example, describing the land as land included in a stated area of the State. A regulation may declare that an area of transferred land is not claimable land. A declaration under subsection (3) may be made only if— the land is primarily used or occupied by Aboriginal people for residential or community purposes; or the Minister has consulted with Aboriginal people particularly concerned with the land and a substantial majority of the Aboriginal people are opposed to the land being claimable land. s 23 amd 1991 No. 76 s 4 sub 1993 No. 85 s 160F (amd 1994 No. 61 s 2 sch 2 ) amd 2008 No. 29 s 3 sch ; 2011 No. 26 s 24 (sec.23-ssec.1) Subject to subsection (3) , claimable land is— available State land declared by regulation to be claimable land for this Act; or Aboriginal land that— is transferred land; and became transferred land before 22 December 2006. (sec.23-ssec.2) A declaration under subsection (1) (a) may describe the available State land concerned in any way, including, for example, describing the land as land included in a stated area of the State. (sec.23-ssec.3) A regulation may declare that an area of transferred land is not claimable land. (sec.23-ssec.4) A declaration under subsection (3) may be made only if— the land is primarily used or occupied by Aboriginal people for residential or community purposes; or the Minister has consulted with Aboriginal people particularly concerned with the land and a substantial majority of the Aboriginal people are opposed to the land being claimable land.
- (a) available State land declared by regulation to be claimable land for this Act; or
- (b) Aboriginal land that— (i) is transferred land; and (ii) became transferred land before 22 December 2006.
- (i) is transferred land; and
- (ii) became transferred land before 22 December 2006.
- (i) is transferred land; and
- (ii) became transferred land before 22 December 2006.
- (a) the land is primarily used or occupied by Aboriginal people for residential or community purposes; or
- (b) the Minister has consulted with Aboriginal people particularly concerned with the land and a substantial majority of the Aboriginal people are opposed to the land being claimable land.