37Aboriginal lands in travelling stock reserves

37 Aboriginal lands in travelling stock reserves

37 Aboriginal lands in travelling stock reserves

(1) Where a claim by an Aboriginal Land Council is lodged under section 36 in respect of land which is or is part of a travelling stock reserve within the meaning of the Local Land Services Act 2013 (not being a travelling stock reserve in the Western Division within the meaning of the Crown Lands Act 1989), the Registrar shall, in addition to complying with section 36(4)(c), refer a copy of the claim to Local Land Services.

(2) This section has effect notwithstanding the provisions of the Local Land Services Act 2013 or Crown Lands Act 1989.

(3) Subject to subsection (4), the Crown Lands Minister within the meaning of section 36 may, in respect of the land referred to in subsection (1), enter into an agreement with the claimant Aboriginal Land Council so referred to, so as to achieve the following purposes—

(a) the vesting of the freehold title to that land, subject to any existing easements, in the claimant Aboriginal Land Council,

(b) the leasing in perpetuity of that land to Her Majesty at a nominal rent,

(c) the preparation of a plan of management in respect of that land giving the claimant Aboriginal Land Council or Aboriginal persons defined rights, or conferring or imposing on the claimant Aboriginal Land Council or on Aboriginal persons defined functions, in respect of that land.

(4) The Minister referred to in subsection (3) shall not enter into an agreement under that subsection in respect of land unless the Minister is satisfied that Aboriginal persons have traditional rights to the land or that Aboriginal persons have had a long association with the land.

(4A) The Minister referred to in subsection (3) shall not enter into an agreement under that subsection in respect of land which is or is part of a travelling stock reserve within the meaning of the Local Land Services Act 2013 without the approval of the Minister administering that Act.

(5) For the purposes of giving effect to an agreement referred to in subsection (3)—