sec.283Rights of access to interests preserved

sec.283 Rights of access to interests preserved

This section applies if— a person has an interest in land (the person’s land ); and the person’s land is— surrounded by Aboriginal land; or in the vicinity of Aboriginal land and the only practicable way of gaining access to the person’s land is across the Aboriginal land. The person and the person’s officers, employees, agents, servants, 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 person’s land by a route— that is agreed on from time to time by the trustee of the Aboriginal land and the person; or if the trustee and the person fail to agree within a reasonable time—that is determined by the Land Court on application by the person. The trustee of Aboriginal land, other than a registered native title body corporate, must not agree on a route for the purposes of subsection (2) (a) unless— the trustee has explained to the Aboriginal people particularly concerned with the land the purpose and effect of the proposed route; and those Aboriginal people are given an 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) (a) . If the only practicable way of gaining access to the person’s land is across Aboriginal 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 Aboriginal land, or the trustee, 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 283 amd 2008 No. 29 s 52 ; 2011 No. 26 s 80 (sec.283-ssec.1) This section applies if— a person has an interest in land (the person’s land ); and the person’s land is— surrounded by Aboriginal land; or in the vicinity of Aboriginal land and the only practicable way of gaining access to the person’s land is across the Aboriginal land. (sec.283-ssec.2) The person and the person’s officers, employees, agents, servants, 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 person’s land by a route— that is agreed on from time to time by the trustee of the Aboriginal land and the person; or if the trustee and the person fail to agree within a reasonable time—that is determined by the Land Court on application by the person. (sec.283-ssec.3) The trustee of Aboriginal land, other than a registered native title body corporate, must not agree on a route for the purposes of subsection (2) (a) unless— the trustee has explained to the Aboriginal people particularly concerned with the land the purpose and effect of the proposed route; and those Aboriginal people are given an adequate opportunity to express their views on, and are generally in agreement with, the proposed route. (sec.283-ssec.4) Contravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (a) . (sec.283-ssec.5) If the only practicable way of gaining access to the person’s land is across Aboriginal 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 Aboriginal land, or the trustee, 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.283-ssec.6) Subsection (5) does not affect the operation of subsections (2) and (3) in relation to Aboriginal land that is not relevant land.