sec.38Deeds of grant to be prepared

sec.38 Deeds of grant to be prepared

The chief executive must prepare such deeds of grant in fee simple as the Minister considers necessary and directs over transferable lands. Transferable land need not be surveyed but may be described in a deed of grant in such manner as the Minister directs. The deed of grant must show that the land is held by the grantee— if the grantee is a registered native title body corporate appointed as the grantee under section 39 —for the native title holders of the land; or otherwise— for the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants; or if the land is prescribed DOGIT land that is to be held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land—for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants. If the grantee is a registered native title body corporate appointed under section 39 , the deed of grant also must include information to identify the native title holders of the land. Subsections (2) , (3) and (4) have effect despite any other Act or any rule of law or practice. s 38 amd 2008 No. 29 s 16 ; 2010 No. 39 s 305 ; 2011 No. 26 s 28 (sec.38-ssec.1) The chief executive must prepare such deeds of grant in fee simple as the Minister considers necessary and directs over transferable lands. (sec.38-ssec.2) Transferable land need not be surveyed but may be described in a deed of grant in such manner as the Minister directs. (sec.38-ssec.3) The deed of grant must show that the land is held by the grantee— if the grantee is a registered native title body corporate appointed as the grantee under section 39 —for the native title holders of the land; or otherwise— for the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants; or if the land is prescribed DOGIT land that is to be held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land—for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants. (sec.38-ssec.4) If the grantee is a registered native title body corporate appointed under section 39 , the deed of grant also must include information to identify the native title holders of the land. (sec.38-ssec.5) Subsections (2) , (3) and (4) have effect despite any other Act or any rule of law or practice.

• (a) if the grantee is a registered native title body corporate appointed as the grantee under section 39 —for the native title holders of the land; or
• (b) otherwise— (i) for the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants; or (ii) if the land is prescribed DOGIT land that is to be held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land—for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.