Commonwealth act

Aboriginal Land Rights (Northern Territory) Act 1976

In ForceCTH

Jurisdiction

Commonwealth

Act Number

191 of 1976

Collection

act

Plain English Summary

9/10 complexity

The Act, passed in 1976, returns legal freehold title over large areas of the Northern Territory to traditional Aboriginal owners by vesting land in Land Trusts and empowering elected Land Councils to represent and negotiate for communities. It affects Aboriginal people, governments, miners and others seeking access or resource rights.

It bars sale of land, reserves minerals to the Crown (with royalties distributed back to communities), limits government dealings without process, and established a lasting framework for recognising and protecting traditional ownership.

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What it does

The Aboriginal Land Rights (Northern Territory) Act 1976 establishes Aboriginal Land Trusts to hold estates in fee simple in land for the benefit of Aboriginals entitled by Aboriginal tradition to use or occupation of the land. Part II, sections 4 to 20A, provides for the establishment of Land Trusts by Gazette notice, with each Trust holding title and exercising powers only on directions from the relevant Land Council. The Minister must recommend grants for land in Schedule 1 and for other Crown land following recommendations from Aboriginal Land Commissioners under sections 10, 11, 11(1AD) and 11(1AE). Part IIA, sections 19A to 20SB, authorises Land Trusts to grant township leases to approved entities, with the Executive Director of Township Leasing entering and administering leases and subleases on behalf of the Commonwealth where the Minister agrees to requests.

Part III, sections 21 to 39, creates Aboriginal Land Councils to represent Aboriginal interests in their areas, ascertain and express wishes on land management, protect traditional owners, consult on proposals, negotiate estates or interests, supervise Land Trusts and maintain registers. Part IV, sections 40 to 48J, regulates exploration and mining on Aboriginal land by requiring Land Council consent after consultation, agreements on terms including compensation, and Mining Commissioner arbitration where negotiations fail. National interest Proclamations under section 40(b) or section 48C allow certain activities without consent in specified circumstances.

Part V, sections 49 to 61, establishes Aboriginal Land Commissioners to inquire into traditional land claims under section 50(1)(a) and report on grants. Part VI, sections 62 to 64B, continues the Aboriginals Benefit Account as a special account for crediting royalties and making distributions. Part VIA, sections 65A to 65JE, establishes the Northern Territory Aboriginal Investment Corporation to promote self-management and economic self-sufficiency through payments, investments and financial assistance. Part VII, sections 66 to 78, addresses sacred sites, entry rights, occupation preservation, road exclusions and financial accountability. Schedules 1, 2, 3, 5 and 7 describe specific land areas by coordinates and low-water mark segments.

Current sections

Direct links to the current provisions in Aboriginal Land Rights (Northern Territory) Act 1976.

277

Part I

Preliminary

Part I—Preliminary

Short title

1 Short title

This Act may be cited as the Aboriginal Land Rights (Northern Territory) Act 1976.

Commencement

2 Commencement

(1) This Act, other than section 70, shall come into operation on a date to be fixed by Proclamation. (2) Section 70 shall come into operation on a date to be fixed by Proclamation, being a date later than the date fixed for the purposes of subsection (1).

Interpretation

3 Interpretation

(1) In this Act, unless the contrary intention appears:

Aboriginal means a person who is a member of the Aboriginal race of Australia.

Aboriginal and Torres Strait Islander corporation means a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

Aboriginal land means:

(a) land held by a Land Trust for an estate in fee simple; or
(b) land the subject of a deed of grant held in escrow by a Land Council.

Aboriginal people or Aboriginal person: see Aboriginal.

Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginals or of a community or group of Aboriginals, and includes those traditions, observances, customs and beliefs as applied in relation to particular persons, sites, areas of land, things or relationships.

Account means the Aboriginals Benefit Account continued in existence by section 62.

adult Aboriginal means an Aboriginal who has attained the age of 18 years.

alienated Crown land means Crown land in which a person (other than the Crown) has an estate or interest, but does not include land in a town.

approved entity means a body approved by the Minister:

(a) under subsection 3AA(1) as an approved entity; or
(b) under subsection 3AA(2) as an approved entity for an area of land.

area, in relation to a Land Council, means an area for which the Council is established under this Act.

Authority means an authority established by or under a law of the Commonwealth or a law of the Northern Territory.

Commissioner means an Aboriginal Land Commissioner holding office under Part V.

Commonwealth Electoral Roll means the Rolls kept under the Commonwealth Electoral Act 1918.

community living area has the same meaning as in the Stronger Futures in the Northern Territory Act 2012.

community purpose means a purpose that is calculated to benefit primarily the members of a particular community or group.

conservation zone has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999.

Crown Land means land in the Northern Territory that has not been alienated from the Crown by a grant of an estate in fee simple in the land, or land that has been so alienated but has been resumed by, or has reverted to or been acquired by, the Crown, but does not include:

(a) land set apart for, or dedicated to, a public purpose under an Act; or
(b) land the subject of a deed of grant held in escrow by a Land Council.

Director has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999.

Electoral Commissioner has the same meaning as in the Commonwealth Electoral Act 1918.

excludable matter means any of the following:

(a) a matter relating to a member of the staff of a Land Council or to any other person assisting a Land Council in the performance of its functions or in the exercise of its powers;
(b) a matter involving personal hardship suffered by a person;
(c) a trade secret or other information having a commercial value the disclosure of which would, or could reasonably be expected to, affect a person adversely in respect of the person’s lawful business, professional, commercial or financial affairs;
(d) any matter the divulging or communicating of which is prohibited by section 23E;
(e) information the disclosure of which would found an action for breach of confidence;
(f) information of such a nature that it would be privileged from being disclosed in legal proceedings on the ground of legal professional privilege;
(g) information the disclosure of which would, or could reasonably be expected to, prejudice the enforcement or proper administration of the law;
(h) a matter affecting the security of a Land Council, its members, its staff or its property;
(i) information that is considered sacred or otherwise significant by a particular group of Aboriginals, the disclosure of which would be inconsistent with the views or sensitivities of those Aboriginals.

Executive Director means the Executive Director of Township Leasing referred to in section 20B.

exploration licence includes:

(b) a permit in respect of land under the Petroleum (Prospecting and Mining) Act 1954 of the Northern Territory; and
(c) a permit granted under the Petroleum Act 1984 of the Northern Territory; and
(ca) a mineral exploration licence granted under the Mineral Titles Act 2010 (NT); and
(cb) a geothermal exploration permit granted under the Geothermal Energy Act 2009 (NT); and
(d) a right to explore for minerals under:
(i) if subsection 53(2A) of the Lands Acquisition Act 1955 applies by virtue of subsection 124(8) of the Lands Acquisition Act 1989—the first‑mentioned subsection; or
(ii) if subparagraph (i) does not apply—regulations made for the purposes of subsection 124(1) of the Lands Acquisition Act 1989;

but does not include an extractive mineral exploration licence granted under the Mineral Titles Act 2010 (NT).

exploration retention licence means an exploration retention licence granted under a law of the Northern Territory relating to mining for minerals and includes the following:

(a) a retention licence granted under the Petroleum Act 1984 (NT);
(b) a geothermal retention licence granted under the Geothermal Energy Act 2009 (NT);
(c) a mineral exploration licence in retention issued under the Mineral Titles Act 2010 (NT);

but does not include any of the following granted under the Mineral Titles Act 2010 (NT): (d) an extractive mineral exploration licence; (e) an extractive mineral lease; (f) an extractive mineral permit.

extractive mineral means:

(a) soil; or
(b) sand, gravel, clay or stone, being sand, gravel, clay or stone that is suitable for use in construction or building works.

extractive mineral deposit means a deposit of extractive minerals.

Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.

geothermal energy resources has the meaning given by section 4 of the Geothermal Energy Act 2009 (NT).

grant, in relation to an interest in land (including any interest referred to in a paragraph of subsection (2) of this section), includes the doing of any action by reason of which the interest arises.

intending miner, in respect of Aboriginal land, means:

(a) a person who makes application, under a law of the Northern Territory relating to mining for minerals, for the grant of a mining interest in respect of that land, while the person:
(i) holds an exploration licence under that law in respect of that land; or
(ii) being a person who has held an exploration licence in respect of that land, holds under that law an exploration retention licence, or has made an application for the grant of an exploration retention licence, in respect of that land or a part of that land; or
(b) a person who:
(i) if subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955 apply by virtue of subsection 124(8) of the Lands Acquisition Act 1989—makes an application, under subsection 51(1A) of the first‑mentioned Act for the grant of a lease or licence to mine for minerals on that land, while the person holds, under subsection 53(2A) of that Act, a right to explore for minerals on that land; or
(ii) if subparagraph (i) does not apply—makes an application for the grant, under regulations made for the purposes of subsection 124(1) of the Lands Acquisition Act 1989, of a right to mine for, or recover, minerals on that land, while the person holds, under the regulations, a right to explore for minerals on that land.

Jabiru Town Development Authority means the Jabiru Town Development Authority established by the Jabiru Town Development Act 1978 (NT).

Jabiru town land has the meaning given by section 3AC.

Kakadu Aboriginal Land Trust means the Land Trust of that name established by the Minister by notice published in the Gazette under subsection 4(1).

Land Council means an Aboriginal Land Council established by or under this Act.

Land Trust means an Aboriginal Land Trust established under this Act.

law of the Northern Territory means a law made under, or having effect in the Northern Territory by virtue of, the Northern Territory (Self‑Government) Act 1978.

mine includes extract.

mineral royalties means royalties payable to the Commonwealth or the Northern Territory in respect of the mining of minerals.

minerals includes:

(a) gold, silver, copper, tin and other metals;
(b) coal, shale, petroleum and valuable earths and substances;
(c) mineral substances;
(d) gems and precious stones; and
(e) ores and other substances containing minerals;

whether suspended in water or not, and includes water and geothermal energy resources but does not include extractive minerals.

mining interest means:

(a) any lease or other interest in, or right in respect of, land granted under a law of the Northern Territory relating to mining for minerals (other than a lease or other interest in land, or a right, relating to exploration for, or the mining or development of, extractive mineral deposits); or
(b) if subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955 apply by virtue of subsection 124(8) of the Lands Acquisition Act 1989—any lease, licence or other right granted under any of those provisions; or
(c) if regulations have been made for the purposes of subsection 124(1) of the Lands Acquisition Act 1989—any right granted under those regulations to explore for, mine for, or recover, minerals;

but does not include, when the expression is used in Part IV, any such lease, licence, interest or right that is an exploration licence or exploration retention licence.

mission means a religious society or association the purposes of which are, or include, furthering the spiritual, cultural or economic welfare of Aboriginals, and includes a trustee or trustees empowered to hold land on behalf of such a society or association.

Northern Territory Mining Minister means the person holding ministerial office under section 36 of the Northern Territory (Self‑Government) Act 1978 who is responsible for the administration of the law of the Northern Territory relating to mining for minerals.

NT mining authority means an authority, issued under a law of the Northern Territory relating to mining for minerals, that empowers the holder to take possession of, mine or occupy land, or take any other action in relation to land, for any purpose in connection with mining.

petroleum has the meaning given by subsection 5(1) of the Petroleum Act 1984 of the Northern Territory.

qualifying area means an area that:

(a) is wholly included in the area of a Land Council; or
(b) is partly included in the area of one Land Council and partly included in the area of one or more other Land Councils.

sacred site means a site that is sacred to Aboriginals or is otherwise of significance according to Aboriginal tradition, and includes any land that, under a law of the Northern Territory, is declared to be sacred to Aboriginals or of significance according to Aboriginal tradition.

town has the same meaning as in the law of the Northern Territory relating to the planning and developing of towns and the use of land in or near towns, and includes any area that, by virtue of regulations in force under that law, is to be treated as a town.

township, in relation to a Land Trust, has the meaning given by section 3AB.

traditional Aboriginal owners, in relation to land, means a local descent group of Aboriginals who:

(a) have common spiritual affiliations to a site on the land, being affiliations that place the group under a primary spiritual responsibility for that site and for the land; and
(b) are entitled by Aboriginal tradition to forage as of right over that land.

traditional land claim, in relation to land, means a claim by or on behalf of the traditional Aboriginal owners of the land arising out of their traditional ownership.

unalienated Crown land means Crown land in which no person (other than the Crown) has an estate or interest, but does not include land in a town.

(2) Unless the contrary intention appears, a reference in this Act to an estate or interest in land includes a reference to an interest by way of a right against the Crown to a grant of an estate or interest in land, but does not include a reference to: (a) a mining interest; (b) an interest arising out of the operation of the Atomic Energy Act 1953 or any other Act authorizing mining for minerals; (ba) a lease or other interest in land, or a right granted in respect of land, under a law of the Northern Territory relating, in whole or in part, to exploration for, or the mining or development of, extractive mineral deposits; (c) an interest arising out of the taking possession, mining or occupation of land by virtue of an NT mining authority; or (d) an interest by way of the occupation or use, with the licence or permission of the Crown, of land by an Authority or a mission. (3) A reference in this Act to an Act authorizing mining for minerals shall be read as a reference to such an Act whether passed before or after the commencement of this section and as including a reference to section 124 of the Lands Acquisition Act 1989. (4) A reference in this Act to the granting of a mining interest in respect of Aboriginal land shall be read as not including a reference to the renewal, in accordance with an option or other right conferred before the land became Aboriginal land, of a mining interest that was in existence when the land became Aboriginal land. (5) A description of land in Schedule 1 shall be deemed not to include any land on which there is, at the commencement of this section, a road over which the public has a right of way. (6) A reference in this Act to the Crown shall be read as a reference to the Crown in right of the Commonwealth or the Crown in right of the Northern Territory or both, as the case requires.

3AA

Approved entities

3AA Approved entities

Approval of the Commonwealth and Commonwealth authorities (1) For the purposes of paragraph (a) of the definition of approved entity in subsection 3(1), the Minister may, by writing, approve any of the following bodies as an approved entity: (a) the Commonwealth; (b) a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989). Approval of Aboriginal and Torres Strait Islander corporations (2) For the purposes of paragraph (b) of the definition of approved entity in subsection 3(1), the Minister may, by writing, approve an Aboriginal and Torres Strait Islander corporation as an approved entity for an area of land known by a particular name if the Minister is satisfied that: (a) the Land Council for the area in which the area of land is situated has nominated the corporation under subsection (4) to be an approved entity for the area of land known by that name; and (b) a majority of the members of the corporation are either: (i) the traditional Aboriginal owners of land that constitutes, or forms part of, the area of land known by that name; or (ii) Aboriginal people who live in the area of land known by that name; and (c) any conditions determined under subsection (9) for the purposes of this paragraph are satisfied. (3) An approval under subsection (2) must specify the name by which the area of land is known, but need not otherwise delineate the area of land. (4) A Land Council may nominate an Aboriginal and Torres Strait Islander corporation, that satisfies the condition in paragraph (2)(b), to be an approved entity for an area of land situated in the Council’s area. (5) A nomination under subsection (4) must: (a) be given to the Minister in writing; and (b) specify the name by which the area of land is known; and (c) describe the area of land (but need not delineate the area); and (d) set out the names of the corporation’s members; and (e) contain a declaration to the effect that the Land Council is satisfied the corporation satisfies the condition in paragraph (2)(b); and (f) set out a description of any consultation by the Land Council with the following persons in relation to the nomination: (i) traditional Aboriginal owners of land that constitutes, or forms part of, the area of land; (ii) Aboriginal people who live in the area of land; (iii) any other Aboriginal community or group that may be affected by the nomination; and (g) contain any other information determined under subsection (9) for the purposes of this paragraph. Matters to which Minister must or may have regard (6) In deciding under subsection (1) or (2) whether to approve a body as an approved entity, the Minister: (a) must have regard to any matters determined under subsection (9) for the purposes of this paragraph; and (b) may have regard to: (i) any matters determined under subsection (9) for the purposes of this subparagraph; and (ii) any other matters the Minister considers relevant. Revoking an approval (7) The Minister may, by writing, revoke an approval under subsection (1) or (2) if the Minister considers it appropriate to do so. (8) Before revoking an approval under subsection (2) of an Aboriginal and Torres Strait Islander corporation as an approved entity for an area of land, the Minister must consult the Land Council that nominated the corporation under subsection (4) in relation to the area of land. Legislative instruments determining certain matters (9) The Minister may, by legislative instrument, determine: (a) conditions for the purposes of paragraph (2)(c); and (b) information for the purposes of paragraph (5)(g); and (c) matters for the purposes of paragraph (6)(a) or subparagraph (6)(b)(i).

3AB

Townships

3AB Townships

(1) For the purposes of this Act, a township, in relation to a Land Trust (the applicable Land Trust), is either of the following 2 types of areas of Aboriginal land vested in that Land Trust. Areas applicable to all Land Trusts (2) The first type is an area of land that is of a kind prescribed by the Minister under subsection (3A), for the purposes of this subsection, in relation to all Land Trusts. Areas applicable to that Land Trust (3) The second type is an area of land that is prescribed by the Minister under subsection (3A), for the purposes of this subsection, in relation to the applicable Land Trust only. Minister may prescribe areas in relation to all or particular Land Trusts (3A) The Minister may, by legislative instrument, prescribe areas of land in relation to: (a) all Land Trusts for the purposes of subsection (2); or (b) a particular Land Trust for the purposes of subsection (3). Kakadu Aboriginal Land Trust (4) For the purposes of this Act, a township, in relation to the Kakadu Aboriginal Land Trust, is the area of Jabiru town land. (5) Subsection (4) does not limit the application of subsections (1) to (3A) in relation to the Kakadu Aboriginal Land Trust.

3AC

Jabiru town land

3AC Jabiru town land

(1) For the purposes of this Act, Jabiru town land means the land specified in an instrument under subsection (2). (2) The Minister must, by legislative instrument, specify land for the purposes of subsection (1). (3) Before making a legislative instrument under subsection (2), the Minister must have regard to the boundaries of the land comprising the whole of former Northern Territory Portion 2272 delineated on Survey Plan S79/31 lodged with the Surveyor‑General, Darwin (other than land on which there is a road over which the public has a right of way). (4) Before making a legislative instrument under subsection (2), the Minister must consult the Government of the Northern Territory and the Land Council for the area in which the land is situated. The Minister may also consult such other persons or bodies as the Minister thinks appropriate.

Crown land vested in Northern Territory

3A Crown land vested in Northern Territory

(1) Notwithstanding any law of the Northern Territory, the application of this Act in relation to Crown land extends to Crown land that is vested in the Northern Territory. (2) Notwithstanding any law of the Commonwealth or of the Northern Territory, the Commonwealth is not liable to pay to the Northern Territory any compensation by reason of the making of a grant to a Land Trust of Crown land that is vested in the Northern Territory.

Act binds the Crown

3B Act binds the Crown

This Act binds the Crown in right of the Commonwealth and of the Northern Territory.

Act has effect despite Lands Acquisition Act

3C Act has effect despite Lands Acquisition Act

This Act has effect despite anything contained in the Lands Acquisition Act 1989.

Application of the Criminal Code

3D Application of the Criminal Code

Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part II

Grants of land to Aboriginal Land Trusts

Part II—Grants of land to Aboriginal Land Trusts

Land Trusts

4 Land Trusts

(1) The Minister may, by notice published in the Gazette, establish Aboriginal Land Trusts to hold title to land in the Northern Territory for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of the land concerned, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission, and, subject to subsections 10(1) and (2), shall so establish Land Trusts to hold the land described in Schedule 1. (1AA) A Land Trust to hold any Crown land described in Part 2 or 3 of Schedule 1 must be established not later than 2 years after the commencement of this subsection. (1AB) To avoid doubt, the Minister may establish a Land Trust under subsection (1) for the purpose of it holding land that is to be transferred to it under subsection 19(4). (1AC) If: (a) the Minister establishes a Land Trust (the new Land Trust) under subsection (1) for the purpose of it holding land that is to be transferred to it under subsection 19(4) by another Land Trust; and (b) the other Land Trust advises the Minister in writing that it is no longer going to transfer the land; the Minister may, by written notice, abolish the new Land Trust. (1A) Nothing in this Act shall be taken to imply that the Minister cannot establish, under this section, Land Trusts to hold different areas of land each of which is included within a single area of land that is described in Schedule 1. (1B) Where: (a) the traditional Aboriginal owners of an area of land constituting the whole or a part of the land that is held by a Land Trust are also the traditional Aboriginal owners of an area of land constituting the whole or a part of land that is held by another Land Trust or in which an estate in fee simple would be likely, but for the operation of this subsection, to be granted to another Land Trust; and (b) those traditional Aboriginal owners are in favour of the amalgamation, within a single Land Trust, of the areas of which they are the traditional owners; the Land Council or Land Councils in the area or areas of which the areas of land proposed for amalgamation are situated may request the Minister, in writing, to take action under subsection (1C) to effect that amalgamation. (1C) Where the Minister, upon receiving a request to take action under this subsection to effect the amalgamation of the whole or parts of 2 or more areas of affected land, is of the opinion that, in all the circumstances of the case, it is appropriate to do so, the Minister may: (a) by notice published in the Gazette vary the specifications of the boundaries of a Land Trust established to hold affected land, with effect from the day upon which a new deed of grant, or new deeds of grant, relating to the land that that Land Trust was established to hold is or are delivered by the Governor‑General in accordance with the recommendations of the Minister under subsection 10(2A) or 11(1B), so that the boundaries as so varied of the land to be held by that Land Trust relate: (i) to all the land that is proposed to be amalgamated; or (ii) to any affected land that was held by that Land Trust but that is not proposed to be amalgamated with other land; or (b) by notice published in the Gazette pursuant to subsection (1), establish a new Land Trust: (i) to hold all the land that is proposed to be amalgamated; or (ii) to hold any affected land that is not proposed to be amalgamated with other land. (1D) In subsection (1C), affected land means any area of land to which a deed of grant in fee simple under section 12, or an application referred to in paragraph 50(1)(a), relates, being land the whole or a part of which is proposed to be amalgamated with other land. (2) A notice published under subsection (1) shall: (a) specify the name of the Land Trust; and (c) set out the boundaries of the land to be held by the Land Trust. Anindilyakwa Land Trust (2A) An Aboriginal Land Trust with the name “Anindilyakwa Land Trust” is established by this subsection. The boundaries of the land to be held by the Land Trust are set out in Schedule 6.

Note: Section 12AAB deals with the grant of land to the Land Trust.

Varying Land Trust boundaries (2B) The Minister may, by notice published in the Gazette, vary the boundaries of the land to be held by a Land Trust: (a) because of a determination under subsection 10(2AA) or subparagraph 11(1)(c)(ii), (1AD)(d)(ii) or (1AE)(c)(ii); or (aa) because of a proposed grant of an estate in fee simple, in the land described under the heading “JABIRU” in Part 4 of Schedule 1, to the Kakadu Aboriginal Land Trust in accordance with this Act; or (b) because of a proposed transfer under subsection 19(4). The variation takes effect on the day, or on the occurrence of an event, specified in the notice. Legal status of Land Trust (3) A Land Trust: (a) is a body corporate, with perpetual succession; (b) shall have a common seal; (c) subject to this Part, may acquire, hold and dispose of real and personal property; and (d) may sue and be sued in its corporate name. Common seal of Land Trust (4) The common seal of a Land Trust shall be kept by a member of the staff of the Land Council in the area of which the Land Trust holds land who has been authorized by the Land Council for the purpose. (5) The common seal of a Land Trust is to be affixed to a document only with a written authority signed by: (a) if the Trust consists of 4 or more members—at least 3 of those members; or (b) if the Trust consists of 3 members—at least 2 of those members.

Note: Section 7 deals with the membership of a Land Trust.

(6) All courts, judges and persons acting judicially shall take notice of the common seal of a Land Trust affixed to a document and shall presume that it was duly affixed. Notices are not legislative instruments (7) A notice under subsection (1), (1AC) or (2B) is not a legislative instrument.

Functions of Land Trusts

5 Functions of Land Trusts

(1) The functions of a Land Trust are: (a) to hold title to land vested in it in accordance with this Act; (b) to exercise its powers as owner of land referred to in paragraph (a) for the benefit of the Aboriginals concerned; and (c) where the Land Trust is named as the grantee of land in a deed of grant held in escrow by a Land Council—to acquire, as and when practicable, the estates and interests of other persons in the land with a view to the surrender to the Crown of those estates and interests and the delivery to the Land Trust of the deed of grant held by the Land Council. (2) A Land Trust: (a) shall not exercise its functions in relation to land held by it except in accordance with a direction given to it by the Land Council for the area in which the land is situated; and (b) where such a direction is given to it—shall take action in accordance with that direction. (3) The Lands Acquisition Act 1989 does not apply to the acquisition by a Land Trust, under this Act, of an estate or interest in land.

Public Works Committee Act

5A Public Works Committee Act

The Public Works Committee Act 1969 does not apply to a Land Trust.

Land Trust not empowered to accept moneys

6 Land Trust not empowered to accept moneys

A Land Trust is not empowered to accept moneys due and owing to it or to give a valid discharge for such moneys, but such moneys may be paid to the Land Council for the area in which the Land Trust holds, or is established to hold, land.

Membership of Land Trust

7 Membership of Land Trust

(1) A Land Trust shall, unless the Minister, in accordance with subsection (1A), determines that the Land Trust shall be differently constituted, consist of a Chair and such other members not less than 3 in number as the Minister appoints. (1A) Where, on the application, in writing, of the Land Council for the area in which the land to be held by a Land Trust established, or about to be established, under section 4, is situated, being an application made after the commencement of this subsection and before any person is appointed to be a member of that Land Trust, the Minister is satisfied that it is appropriate so to do, the Minister may, by signed writing, make, in respect of the Land Trust: (a) a determination that the Land Trust shall not have a Chair but shall consist of such number of members, not being less than 3, as the Minister specifies in the determination; or (b) a determination that the Land Trust shall consist of a Chair and 2 other members; and, where a determination is so made in relation to a Land Trust, the Land Trust shall be constituted in accordance with the determination. (2) The members of a Land Trust shall be appointed by the Minister on a nomination received by the Minister under subsection (3). (3) For the purposes of subsection (2), the Minister may request a nomination of a person from the Land Council for the area in which the Land Trust is to hold land. (4) A member of a Land Trust shall be appointed as a part‑time member. (5) The exercise or performance of a power or function by a Land Trust is not affected by reason only of there being a vacancy in the office of a member of the Land Trust. (6) All members of a Land Trust shall be Aboriginals living in the area of the Land Council in the area of which the land of the Land Trust is situated or whose names are set out in the register maintained by that Land Council in accordance with section 24. (7) Subject to this Act, a member of a Land Trust holds office for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment and on such terms and conditions as the Minister determines, but is eligible for re‑appointment. (8) Where a member of a Land Trust is, or is about to be, unable, whether on account of illness or otherwise, to perform the duties of his or her office, the Minister may appoint an Aboriginal to act in the place of that member during the period during which that member is unable to perform the duties of his or her office. (9) A person appointed to act in the place of a member of a Land Trust has all the functions, powers and duties of that member.

Termination of appointment of members of Land Trusts

8 Termination of appointment of members of Land Trusts

Where the Land Council for the area in which a Land Trust holds, or is established to hold, land requests the Minister, in writing, to remove a member of the Land Trust on the ground that the member has, in the opinion of the Land Council, failed properly to perform the duties of his or her office, the Minister shall, if the Minister is satisfied that the request is reasonable, terminate the appointment of the member.

Resignation of member of Land Trust

9 Resignation of member of Land Trust

A member of a Land Trust may resign his or her office by signed writing delivered to the Minister, but the resignation does not have effect until it is accepted by the Minister.

Recommendations for grants of land described in Schedule 1

10 Recommendations for grants of land described in Schedule 1

(1) Where: (a) either: (i) a Land Trust has been established in respect of land constituting, or included within, an area of land described in Schedule 1 (other than an area of land described under the heading ‘JABIRU’ in Part 4 of Schedule 1); or (ii) the Minister has, under subsection (2AA), determined that a specified existing Land Trust should hold a specified area of land described in Schedule 1; and (b) subsection (2) does not apply in relation to that land or applies in relation to a part only of that land; the Minister shall recommend to the Governor‑General that a grant of an estate of fee simple in that land, or in the part of that land to which subsection (2) does not apply, be made to that Land Trust. (2) Where: (a) either: (i) a Land Trust has been established in respect of land constituting, or included within, an area of land described in Schedule 1 (other than an area of land described under the heading ‘JABIRU’ in Part 4 of Schedule 1); or (ii) the Minister has, under subsection (2AA), determined that a specified existing Land Trust should hold a specified area of land described in Schedule 1; and (b) a person (other than the Crown) has an estate or interest in the whole or a part of that land; the Minister shall recommend to the Governor‑General that the Governor‑General execute a deed of grant of an estate in fee simple in that land, or that part of that land, to that Land Trust and deliver it to the Land Council for the area in which that land, or that part of that land, is situated to be held in escrow until all of the estates and interests in that land, or that part of that land, held by a person (other than the Crown) have come to an end, whether by surrender to the Crown or otherwise, and then to be delivered by the Land Council to that Land Trust. (2AA) The Minister may, by a determination in writing, specify an existing Land Trust, and an area of land described in Schedule 1, for the purposes of subparagraph (1)(a)(ii) or (2)(a)(ii). The determination is not a legislative instrument. (2AB) The Minister must recommend to the Governor‑General that a grant of an estate in fee simple in the land described in paragraphs (a) and (c) under the heading “JABIRU” in Part 4 of Schedule 1 be made to the Kakadu Aboriginal Land Trust. (2AC) The Minister must recommend to the Governor‑General that a grant of an estate in fee simple in the Jabiru town land be made to the Kakadu Aboriginal Land Trust. (2A) Where an amalgamation in respect of which the Minister has taken action under subsection 4(1C) involves an area of land that was the subject of a deed of grant (in this subsection referred to as the former deed) to an existing Land Trust, not being a deed of grant that is held in escrow by a Land Council, the Minister shall recommend to the Governor‑General that the Governor‑General execute, in lieu of the former deed: (a) if that area of land is wholly to be held by another Land Trust—a new deed of grant of an estate in fee simple in that area to that other Land Trust; or (b) if that area of land is to be held, as to part of that area, by that existing Land Trust and as to part of that area, by another Land Trust—new deeds of grant of estates in fee simple in the respective parts of that area to the respective Land Trusts that are to hold those respective parts of that area. (2B) Where an amalgamation in respect of which the Minister has taken action under subsection 4(1C) involves an area of land that was the subject of a deed of grant (in this subsection referred to as the former deed) to an existing Land Trust, being a deed of grant that is held in escrow by a Land Council, the Minister shall recommend to the Governor‑General: (a) that the Governor‑General execute, in lieu of the former deed: (i) if that area of land is wholly to be held by another Land Trust—a new deed of grant of an estate in fee simple in that area to that other Land Trust; or (ii) if that area of land is to be held, as to part of that area, by that existing Land Trust and as to part of that area, by another Land Trust—new deeds of grant of estates in fee simple in the respective parts of that area to the respective Land Trusts that are to hold those respective parts of that area; and (b) that the Governor‑General deliver the new deed or the new deeds to that Land Council upon the same terms as the former deed was delivered. (3) For the purposes of this section, a lease of land granted under a law of the Northern Territory relating to mining for minerals shall be deemed to be an estate or interest in that land if the lease was granted before the date of commencement of this section or in pursuance of an agreement entered into by the Commonwealth before that date. (4) For the purposes of this section, any estate or interest in the area of land described in Schedule 1 under the heading “Kakadu” that is held by the Director is taken to be an estate or interest held by the Crown in right of the Commonwealth.

Recommendations for grants of Crown land other than Schedule 1 land and former public roads

11 Recommendations for grants of Crown land other than Schedule 1 land and former public roads

(1) Where: (a) a Commissioner has, before the commencement of the Aboriginal Land Rights Legislation Amendment Act 1982, recommended, or, after the commencement of that Act, recommends, to the Minister in a report made to the Minister under paragraph 50(1)(a) that an area of Crown land should be granted to a Land Trust for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of that area of land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission; and (b) the Minister is satisfied that the land (the divisible land), or a part (also the divisible land) of the land, should be granted to one or more new or existing Land Trusts so that each Land Trust holds the land granted to it for the benefit of Aboriginals who are the relevant Aboriginals in relation to the land granted to it; the Minister shall: (c) do either or both of the following: (i) establish the one or more Land Trusts under section 4; (ii) make a determination in writing specifying the one or more existing Land Trusts; that are to hold the divisible land or parts of the divisible land for the benefit of Aboriginals who are the relevant Aboriginals in relation to the divisible land or the parts of the divisible land; and (d) if the divisible land or a part of the divisible land proposed to be held by a Land Trust referred to in paragraph (c) is not, and does not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust; and (e) if the divisible land or a part of the divisible land proposed to be held by a Land Trust referred to in paragraph (c) is, or includes, alienated Crown land: (i) ensure that the estates and interests in that land or part of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and (ii) after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust. (1AA) Where the Minister has, before the commencement of this subsection, taken action, or, after that commencement, takes action, in pursuance of subsection (1) in relation to a part or parts of the area of land to which a recommendation that is contained in a report made to the Minister by a Commissioner under paragraph 50(1)(a) relates, the taking of that action does not preclude the Minister from taking further action in pursuance of subsection (1) in relation to any other part or parts of the land to which the recommendation relates. (1AB) Where the Minister: (a) after taking action in pursuance of subsection (1), whether before or after the commencement of this subsection, to establish a Land Trust to hold part only of an area of land to which a recommendation that is contained in a report made by a Commissioner to the Minister under paragraph 50(1)(a) relates; or (b) after taking action in relation to a Land Trust in accordance with paragraph (c) of this subsection by virtue of a previous application of this subsection; is satisfied that the Land Trust (in this subsection referred to as the previously established Land Trust) should hold another part of the area of land to which the recommendation relates for the benefit of Aboriginals who are the relevant Aboriginals in relation to that other part of that area of land, the Minister shall: (c) by notice published in the Gazette, declare that that previously established Land Trust is to be treated, for all purposes of this Act or any other law of the Commonwealth, of a State or of a Territory, as if it had also been established under section 4 to hold title to that other part of the area of land to which the recommendation relates for the benefit of Aboriginals who are relevant Aboriginals in relation to that other part of that area of land; (d) where the land to be held by the previously established Land Trust is, or includes, alienated Crown land, ensure that the estates and interests in that alienated Crown land of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and (e) after any acquisition referred to in paragraph (d) has been effected in relation to the land to be held by the previously established Land Trust, recommend to the Governor‑General that a grant of an estate in fee simple in that land be made to that previously established Land Trust. (1AC) Upon the publication in the Gazette of a notice under paragraph (1AB)(c) the declaration contained in that notice has effect according to its tenor. (1AD) Where: (a) a Commissioner has, whether before or after the commencement of this subsection, in a report made to the Minister under paragraph 50(1)(a), made 2 or more recommendations to the Minister that areas of Crown land should be granted to Land Trusts for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of those respective areas of land, whether or not that traditional entitlement is qualified as to place, time, circumstance, purpose or permission; (b) in respect of each of at least 2 of those recommendations the Minister has not taken action under subsection (1) or (1AB) in respect of the land, or any part of the land, to which the recommendation relates; and (c) the Land Council for the area in which all the land (the recommended land) to which the recommendations in respect of which the Minister has taken no action relate is situated applies in writing to the Minister for the Minister to take action under this subsection in relation to that land; the Minister shall, if he or she is satisfied that it is appropriate to do so: (d) do either or both of the following: (i) establish one or more Land Trusts under section 4; (ii) make a determination in writing specifying one or more existing Land Trusts; that are to hold the recommended land or a part or parts of the recommended land for the benefit of Aboriginals who are the relevant Aboriginals in relation to the recommended land or the part or parts of the recommended land; and (e) if the recommended land or a part of the recommended land proposed to be held by a Land Trust referred to in paragraph (d) is not, and does not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust; and (f) if the recommended land or a part of the recommended land proposed to be held by a Land Trust referred to in paragraph (d) is, or includes, alienated Crown land: (i) ensure that the estates and interests in that land or part of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and (ii) after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust. (1AE) Where: (a) a Commissioner recommends to the Minister in two or more reports made under paragraph 50(1)(a) that areas of Crown land should be granted to two or more Land Trusts for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of those respective areas of land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission; and (b) the Minister is satisfied that the areas of land or parts of the areas of land to which each of at least two of those reports respectively relate should be granted to a single Land Trust to be held for the benefit of Aboriginals who are the relevant Aboriginals in relation to each of those areas or each of those parts; the Minister shall: (c) do either of the following: (i) establish a single Land Trust under section 4; (ii) make a determination in writing specifying a single existing Land Trust; that is to hold those areas or those parts of those areas for the benefit of Aboriginals who are the relevant Aboriginals in relation to those areas or parts; and (d) if those areas or those parts of those areas are not, and do not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in those areas or parts be made to the Land Trust; and (e) if those areas or those parts of those areas are, or include, alienated Crown land: (i) ensure that the estates and interests in those areas or parts of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and (ii) after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in those areas or parts be made to that Land Trust. (1AF) Where land that is contiguous to Aboriginal land would have been the subject of a recommendation by the Minister under subsection (1), (1AB), (1AD) or (1AE) but for the existence on that land of a stock route (other than a stock route to which subsection 50(2E) applies), then, if the land ceases to be a stock route, the Minister may, on the application of the Land Council for the area in which the land is situated, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part of that land be made to the Land Trust that holds, or to one of the Land Trusts that hold, contiguous Aboriginal land. (1B) Where an amalgamation in respect of which the Minister has taken action under subsection 4(1C) involves an area of land that was the subject of a deed of grant (in this subsection referred to as the former deed) to an existing Land Trust, the Minister shall recommend to the Governor‑General that the Governor‑General execute, in lieu of the former deed: (a) if that area of land is wholly to be held by another Land Trust—a new deed of grant of an estate in fee simple in that area to that other Land Trust; or (b) if that area of land is to be held, as to part of that area, by that existing Land Trust and as to part of that area, by another Land Trust—new deeds of grant of estates in fee simple in the respective parts of that area to the respective Land Trusts that are to hold those respective parts of that area. (3) A reference in subsection (1), (1AB), (1AD) or (1AE) to land shall be read as not including a reference to any land on which there is a road over which the public has a right of way. (4) In this section, relevant Aboriginals, in relation to an area of land, means Aboriginals entitled by Aboriginal tradition to the use or occupation of that area of land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission. (5) A recommendation under paragraph (1)(d) or (e), (1AB)(e), (1AD)(e) or (f) or (1AE)(d) or (e) that a grant of an estate in fee simple in land be made to a Land Trust may include a recommendation that the deed of grant not be delivered to the grantee until a condition specified in the recommendation has been complied with. (6) A determination under subparagraph (1)(c)(ii), (1AD)(d)(ii) or (1AE)(c)(ii) is not a legislative instrument.

11A

Land Councils may enter into agreements concerning land under claim

11A Land Councils may enter into agreements concerning land under claim

(1) A person who desires to obtain an estate or interest in land the subject of an application of the kind referred to in paragraph 50(1)(a) may, before the land (in this section referred to as the relevant land) is granted to a Land Trust, make representations to the Land Council in the area of which the relevant land is situated concerning the person’s plans in respect of the relevant land. (2) Subject to subsection (3), a Land Council to which representations are made pursuant to subsection (1) may, at any time before the relevant land is granted to a Land Trust, agree with the person who made the representations that it will, if the relevant land is granted to a Land Trust, direct the Land Trust to grant an estate or interest in that land to that person and that agreement shall specify the terms and conditions on which the proposed grant is to be made. (3) A Land Council shall not enter into an agreement under subsection (2) unless it is satisfied that: (a) the traditional Aboriginal owners of the relevant land understand the nature and purpose of the proposed grant and, as a group, consent to it; (b) any Aboriginal community or group that may be affected by the proposed grant has been consulted and has had adequate opportunity to express its view to the Land Council; and (c) the terms and conditions on which the proposed grant is to be made are reasonable. (4) An agreement referred to in subsection (2) is binding on any successors to the Land Council that entered into the agreement. (5) Where a Land Council has entered into an agreement under subsection (2), it shall, immediately after the relevant land is granted to a Land Trust, give a direction in writing to the Land Trust to grant an estate or interest in the land on the terms and conditions set out in that agreement. (6) Where a Land Council, in entering into an agreement under subsection (2), fails to comply with subsection (3), that failure does not invalidate the entry by the Land Council into that agreement. (6A) To avoid doubt, an agreement under subsection (2) does not create an estate or interest in the relevant land that would prevent the relevant land from being granted to the Land Trust. (7) In this section, a reference to an estate or interest in land includes a reference to: (a) a mining interest; and (b) a licence granted in respect of that land.

11B

Recommendations for grants of former public roads

11B Recommendations for grants of former public roads

(1) This section applies if: (a) a road over which the public had a right of way existed on land that is contiguous to Aboriginal land; and (b) the Minister would have made a recommendation about the land under section 10 or subsection 11(1), (1AB), (1AD) or (1AE) but for that public right of way; and (c) that public right of way ceases to exist. (2) On application by the Land Council for the area in which the land is situated, the Minister may recommend that the Governor‑General grant an estate in fee simple for the whole or a part of that land to a Land Trust that holds contiguous Aboriginal land.

Grants of land to Land Trusts

12 Grants of land to Land Trusts

(1) Subject to this section, on the receipt of a recommendation under section 10, 11 or 11B with respect to land, the Governor‑General may: (a) in the case of a recommendation under subsection 10(1) or (2A), section 11 or 11B, not being a recommendation that includes a recommendation under subsection 11(5)—execute a deed of grant of an estate in the land in accordance with the recommendation and deliver it to the grantee; (aa) in the case of a recommendation under section 11 that includes a recommendation under subsection 11(5)—execute a deed of grant of an estate in the land in accordance with the recommendation and, if the Governor‑General is satisfied that the condition specified in the recommendation has been complied with, deliver it to the grantee; or (b) in the case of a recommendation under subsection 10(2) or (2B)—execute a deed of grant of an estate in the land in accordance with the recommendation and deliver it to the Land Council referred to in the recommendation on the condition that it be held by the Land Council in escrow, and subsequently delivered to the grantee, in accordance with the recommendation. (1AA) Subject to this section, on the receipt of a recommendation under subsection 10(2AB) with respect to land, the Governor‑General may execute a deed of grant of an estate in fee simple in that land to the Kakadu Aboriginal Land Trust. (1AB) If: (a) a deed of grant of an estate in fee simple in land is executed under subsection (1AA); and (b) the Minister is satisfied that: (i) a lease under section 19 granted by the Kakadu Aboriginal Land Trust to the Director has been varied to cover the whole of that land; and (ii) the variation is expressed to take effect on the date that a deed of grant of an estate in fee simple in that land to that Land Trust is delivered to that Land Trust; then the Governor‑General may deliver that deed of grant to the Kakadu Aboriginal Land Trust. (1AC) Subject to this section, on the receipt of a recommendation under subsection 10(2AC) with respect to land, the Governor‑General may execute a deed of grant of an estate in fee simple in that land to the Kakadu Aboriginal Land Trust. (1AD) If: (a) a deed of grant of an estate in fee simple in land is executed under subsection (1AC); and (b) the Minister is satisfied that subsection (1AH) applies; then the Governor‑General may deliver that deed of grant to the Kakadu Aboriginal Land Trust. (1AH) This subsection applies if: (a) the Kakadu Aboriginal Land Trust has entered into a lease, under section 19A, covering the whole of the Jabiru town land; and (b) the lease is expressed to take effect on the date that a deed of grant of an estate in fee simple in that land to that Land Trust is delivered to that Land Trust. (1AI) If a deed of grant is delivered to the Kakadu Aboriginal Land Trust under subsection (1AB) or (1AD), subsection (2A) applies to the estate in fee simple in the land held by the Director, but does not apply to any other estate or interest in the land held by the Director.

Note: Subsection (2A) has the effect that the estate in fee simple in the land held by the Director ceases to exist at the time the deed of grant takes effect.

(1A) Where the Governor‑General, pursuant to a recommendation made under subsection 10(2A) or (2B) or 11(1B), executes a new deed of grant or new deeds of grant under this section in lieu of an existing deed of grant and delivers that new deed of grant or each of those new deeds of grant to a Land Trust or to a Land Council in accordance with this section then, with effect from the date of delivery of that new deed or of each of those new deeds to that Land Trust or to that Land Council: (a) that existing deed of grant shall be taken, by force of this subsection, to have been revoked; (b) any Land Trust that had been established to hold land to which that existing deed of grant related, being a Land Trust established to hold only areas of land to which the new deed of grant relates or the new deeds of grant relate and not being a Land Trust the boundaries of which have been varied, shall be taken to be dissolved; (c) any right, title or other interest in an area of land to which the existing deed of grant related is preserved as a right, title or interest in that area in the new deed of grant or in such of the deeds of grant as relate to that area; and (d) any reference in any document to the existing deed shall be read as a reference to the new deed or to the new deeds, as the case requires. (1B) Any agreement in respect to an area of land that is entered into by a Land Trust that has been dissolved shall have the same force and effect, with effect from the date of dissolution of the Land Trust, as the agreement would have had if it had been entered into by the Land Trust that, after the dissolution of the first‑mentioned Land Trust held the land or by each of the Land Trusts that, after the dissolution of the first‑mentioned Land Trust, held part of the land, to which the agreement related. (2) A deed of grant under this section shall be expressed to be subject to the reservation that: (a) the right to any minerals existing in their natural condition, or in a deposit of waste material obtained from any underground or surface working, on or below the surface of the land, being minerals all interests in which are vested in the Commonwealth, remains with the Commonwealth; (b) the right to any minerals existing in their natural condition, or in a deposit of waste material obtained from any underground or surface working, on or below the surface of the land, being minerals all interests in which are vested in the Northern Territory, remains with the Northern Territory; and (c) rights to explore for minerals, and leases or licences to mine for minerals, on or below the surface of the land may be granted under section 124 of the Lands Acquisition Act 1989. (2AAA) Where a deed of grant executed before the commencement of the Lands Acquisition Act 1989 is expressed to be subject to a reservation that rights to explore for minerals, and leases or licences to mine for minerals, on or below the surface of the land may be granted under subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955, that reservation has effect on and after the commencement of the Lands Acquisition Act 1989 as if it were a reservation to the effect that such rights, leases or licences may be granted in accordance with section 124 of the Lands Acquisition Act 1989. (2AA) For the purposes of the operation of subsection (2), any interest in minerals vested in a person, other than the Commonwealth or the Northern Territory, shall be disregarded, and any reservation inserted in a deed of grant in accordance with that subsection is subject to such an interest. (2A) Where a deed of grant under this section relating to land in a Commonwealth reserve under the Environment Protection and Biodiversity Conservation Act 1999 takes effect at a particular time, any estate or interest that, immediately before that time, was held by the Director in that land ceases to exist. (2AB) If a deed of grant is delivered to the Kakadu Aboriginal Land Trust under subsection (1AD), then, at the time the deed of grant takes effect, the lease of the Jabiru town land by the Director to the Jabiru Town Development Authority ceases to exist. (2B) The delivery of a deed of grant under this section in respect of: (a) any land described in Schedule 1 under the heading of “Alligator Rivers (No. 1)” or “Alligator Rivers (No. 2)”; or (b) any land described in Schedule 1 under the heading “Kakadu”; not being land constituting, or forming part of, the land described in Schedule 2 known as the Ranger Project Area, is subject to the condition that the Land Council in the area of which the land is situated shall enter into an agreement with the Director under which the Land Council agrees to direct the Land Trust concerned to grant a lease of the land, or such part of the land as the Director specifies, to the Director, being a lease the terms and conditions of which are set out in the agreement, so as to enable the Director to hold the land for the purposes of Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999. (2C) The delivery of a deed of grant under this section in respect of any land described in Schedule 1 under the heading “Uluru” is subject to the condition that the Land Council in the area of which the land is situated shall enter into an agreement with the Director under which the Land Council agrees to direct the Land Trust concerned to grant a lease of the land to the Director, being a lease the terms and conditions of which are set out in the agreement, so as to enable the Director to hold the land for the purposes of Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999. (3) A deed of grant under this section in respect of land that is not Schedule 1 land: (a) shall identify any land on which there is, at the time of the execution of the deed of grant, a road over which the public has a right of way; and (b) shall be expressed to exclude such land from the grant. (3A) A deed of grant under this section in respect of Schedule 1 land shall be expressed to exclude from the grant: (a) any land on which there was, at the time of the commencement of section 3, a road over which public had, at that time, a right of way; and (b) any land on which there is, at the time of the execution of the deed of grant, a road over which the public has a right of way. (3B) However, subsections (3) and (3A) do not apply to a deed of grant arising from a recommendation under section 11B. (4) A deed of grant under this section takes effect: (a) where a deed is delivered by the Governor‑General to the grantee—on the date on which it is so delivered; or (b) in any other case—on the date on which it is delivered by a Land Council to the grantee in accordance with the condition subject to which it was delivered to the Land Council by the Governor‑General. (5) On the application of a Land Trust to which has been delivered a deed of grant of an estate in land executed by the Governor‑General under this section, whether the delivery was by the Governor‑General or by a Land Council, the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land shall register and otherwise deal with that deed of grant under that law according to its tenor. (6) In this section, a reference to a delivery of a deed by a person shall be read as including a reference to a delivery of the deed by the duly authorized agent of the person. (7) In this section, Schedule 1 land means land that is, or forms part of, an area of land described in Schedule 1.

12AAA

Additional grant to Tiwi Land Trust

12AAA Additional grant to Tiwi Land Trust

(1) The Governor‑General may execute a deed of grant to the Tiwi Land Trust of an estate in fee simple in so much of the land as was included in the description of Bathurst Island appearing in Schedule 1 as was not included in the description of Bathurst Island that appeared in Schedule 1 as in force immediately before the commencement of this section and may deliver that deed of grant to the Tiwi Land Trust. (2) The provisions of this Act apply to a grant made in pursuance of subsection (1) as if it were a grant made under subsection 12(1). (3) The Tiwi Land Trust shall be taken for all purposes of this Act or of any other law of the Commonwealth, of a State or of a Territory to hold title both to land granted to it under subsection (1) and to land previously granted to it under this Act, for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of the area of land comprising all the lands so granted whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission. (4) On the application of the Tiwi Land Trust, the Registrar‑General of the Northern Territory shall take such measures as are necessary under the law of the Northern Territory relating to the transfer of land to issue to the Tiwi Land Trust one certificate for the whole of the land granted under this Act to the Tiwi Land Trust and held under separate certificates and, upon the issue of the certificate, to cancel those separate certificates. (5) Except to the extent that subsection (4) expressly provides, nothing in that subsection shall be taken to affect the application to land granted under this Act to a Land Trust of any provision of the law of the Northern Territory relating to the transfer of land. (6) In this section, a reference to the Tiwi Land Trust is a reference to the Land Trust of that name established by the Minister by notice published in the Gazette in pursuance of subsection 4(1). (7) In this section, a reference to the law of the Northern Territory relating to the transfer of land shall read as a reference to that law as applied in accordance with the requirements of this Act.

12AAB

Grant of land to Anindilyakwa Land Trust etc.

12AAB Grant of land to Anindilyakwa Land Trust etc.

Immediate grant of land to Anindilyakwa Land Trust (1) The Governor‑General may: (a) execute a deed of grant to the Anindilyakwa Land Trust of an estate in fee simple in so much of the land in the area of the Anindilyakwa Land Council as was included in any Arnhem Land type 1 deed (regardless of whether the deed also included other land); and (b) deliver it to the Anindilyakwa Land Trust. The deed of grant is not a legislative instrument.

Note: See subsection (9) for the definition of Arnhem Land type 1 deed.

Delayed grant of land to Anindilyakwa Land Trust (2) The Governor‑General may: (a) execute a deed of grant to the Anindilyakwa Land Trust of an estate in fee simple in so much of the land in the area of the Anindilyakwa Land Council as was included in any Arnhem Land type 2 deed; and (b) deliver it to the Anindilyakwa Land Council on the condition that the Council hold it in escrow and deliver it to the Anindilyakwa Land Trust when all of the estates and interests in that land held by a person (other than the Crown) have come to an end, whether by surrender to the Crown or otherwise. The deed of grant is not a legislative instrument.

Note: See subsection (9) for the definition of Arnhem Land type 2 deed.

Application of other provisions of this Act (3) The provisions of this Act apply to a grant under subsection (1) or (2) as if it were a grant under subsection 12(1).

Note: One of the consequences of this subsection is that subsection 12(4) will apply to determine when a deed of grant executed under subsection (1) or (2) of this section takes effect. Another consequence is that the Anindilyakwa Land Trust will be able to apply under subsection 12(5) to have such a deed registered.

Land no longer held by Arnhem Land Aboriginal Land Trust (4) The following table sets out the effect on: (a) an Arnhem Land type 1 deed or an Arnhem Land type 2 deed that included land in the area of the Anindilyakwa Land Council (regardless of whether the deed also included other land); and (b) the boundaries of the land that is held by the Arnhem Land Aboriginal Land Trust.

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="3" style="width:353.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Deeds of grant</span></p></td></tr><tr><td style="width:7.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold"></span></p></td><td style="width:90.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">For this deed:</span></p></td><td style="width:233.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">the result is:</span></p></td></tr></thead><tbody><tr><td style="width:7.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:90.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>An Arnhem Land type 1 deed that included part of the land in the area of the Anindilyakwa Land Council and no other land</span></p></td><td style="width:233.45pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The deed is taken to be revoked. At the time the deed of grant executed under subsection</span><span> </span><span>(1) takes effect:</span></p><p class="Tablea"><span>(a) the revocation takes effect; and</span></p><p class="Tablea"><span>(b) the boundaries are taken to have been varied to no longer relate to that part of the land in the area of the Anindilyakwa Land Council.</span></p></td></tr><tr><td style="width:7.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:90.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>An Arnhem Land type 1 deed that included part of the land in the area of the Anindilyakwa Land Council and some other land</span></p></td><td style="width:233.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The deed ceases to include the part of the land in the area of the Anindilyakwa Land Council. At the time the deed of grant executed under subsection</span><span> </span><span>(1) takes effect:</span></p><p class="Tablea"><span>(a) the cessation takes effect; and</span></p><p class="Tablea"><span>(b) the boundaries are taken to have been varied to no longer relate to that part of the land in the area of the Anindilyakwa Land Council.</span></p></td></tr><tr><td style="width:7.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:90.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>An Arnhem Land type 2 deed that included part of the land in the area of the Anindilyakwa Land Council and no other land</span></p></td><td style="width:233.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The deed is taken to be revoked. At the time the deed of grant executed under subsection</span><span> </span><span>(2) is delivered to the Anindilyakwa Land Council:</span></p><p class="Tablea"><span>(a) the revocation takes effect; and</span></p><p class="Tablea"><span>(b) the boundaries are taken to have been varied to no longer relate to that part of the land in the area of the Anindilyakwa Land Council.</span></p></td></tr></tbody></table>

(5) If the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land is required to register the deed of grant executed under subsection (1), he or she must also take such measures as are necessary to take account of the effect on the deeds of grant mentioned in item 1 or 2 of the table in subsection (4).

Note: Subsection 12(5) deals with registration of deeds of grant.

Existing rights, titles or other interests (6) The following table sets out the effect on a right, title or other interest in land in the area of the Anindilyakwa Land Council to which an Arnhem Land type 1 deed or an Arnhem Land type 2 deed related.

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="3" style="width:353.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Existing rights, titles or other interests</span></p></td></tr><tr><td style="width:7.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold"></span></p></td><td style="width:90.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">For this deed:</span></p></td><td style="width:233.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">the result is:</span></p></td></tr></thead><tbody><tr><td style="width:7.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:90.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>An Arnhem Land type 1 deed</span></p></td><td style="width:233.45pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The right, title or other interest is, from the day the deed of grant executed under subsection</span><span> </span><span>(1) takes effect, preserved as a right, title or interest in that land in that deed.</span></p></td></tr><tr><td style="width:7.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:90.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>An Arnhem Land type 2 deed</span></p></td><td style="width:233.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tablea"><span>(a) if the right, title or other interest was acquired by the Arnhem Land Aboriginal Land Trust as mentioned in paragraph</span><span> </span><span>5(1)(c)—the right, title or other interest is, from the day the deed of grant executed under subsection</span><span> </span><span>(2) of this section is delivered to the Anindilyakwa Land Council, taken to have been acquired and to be held by the Anindilyakwa Land Trust; or</span></p><p class="Tablea"><span>(b) otherwise—the right, title or other interest is, from the day the deed of grant executed under subsection</span><span> </span><span>(2) of this section is delivered to the Anindilyakwa Land Council, preserved as a right, title or interest in that land in that deed.</span></p></td></tr></tbody></table>

Documents (7) The following table sets out the effect on a reference in a document to an Arnhem Land type 1 deed or an Arnhem Land type 2 deed, in so far as the reference relates to land in the area of the Anindilyakwa Land Council.

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="3" style="width:353.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Documents</span></p></td></tr><tr><td style="width:7.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold"></span></p></td><td style="width:90.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">For this deed:</span></p></td><td style="width:233.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">the result is:</span></p></td></tr></thead><tbody><tr><td style="width:7.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:90.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>An Arnhem Land type 1 deed</span></p></td><td style="width:233.45pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The reference is taken, from the day the deed of grant executed under subsection</span><span> </span><span>(1) takes effect, to be a reference to that deed.</span></p></td></tr><tr><td style="width:7.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:90.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>An Arnhem Land type 2 deed</span></p></td><td style="width:233.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The reference is taken, from the day the deed of grant executed under subsection</span><span> </span><span>(2) is delivered to the Anindilyakwa Land Council, to be a reference to that deed.</span></p></td></tr></tbody></table>

Agreements (8) The following table sets out the effect on an agreement entered into by the Arnhem Land Aboriginal Land Trust in respect of land: (a) in the area of the Anindilyakwa Land Council; and (b) included in an Arnhem Land type 1 deed or an Arnhem Land type 2 deed.

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="3" style="width:353.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Agreements</span></p></td></tr><tr><td style="width:11.3pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold"></span></p></td><td style="width:86.8pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">For this deed:</span></p></td><td style="width:233.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-weight:bold">the result is:</span></p></td></tr></thead><tbody><tr><td style="width:11.3pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:86.8pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>An Arnhem Land type 1 deed</span></p></td><td style="width:233.45pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The agreement is taken to have the same force and effect, with effect from the day the deed of grant executed under subsection</span><span> </span><span>(1) takes effect, as the agreement would have had if it had been entered into by the Anindilyakwa Land Trust.</span></p></td></tr><tr><td style="width:11.3pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:86.8pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>An Arnhem Land type 2 deed</span></p></td><td style="width:233.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The agreement is taken to have the same force and effect, with effect from the day the deed of grant executed under subsection</span><span> </span><span>(2) is delivered to the Anindilyakwa Land Council, as the agreement would have had if it had been entered into by the Anindilyakwa Land Trust.</span></p></td></tr></tbody></table>

Definitions (9) In this section:

Arnhem Land Aboriginal Land Trust means the Land Trust of that name established by the Minister by notice published in the Gazette under subsection 4(1).

Arnhem Land type 1 deed means:

(a) a deed of grant executed under paragraph 12(1)(a) to the Arnhem Land Aboriginal Land Trust; or
(b) a deed of grant executed under paragraph 12(1)(b) to the Arnhem Land Aboriginal Land Trust that took effect before the commencement of this section.

Note: See subsection 12(4) for when a deed of grant under section 12 takes effect.

Arnhem Land type 2 deed means a deed of grant executed under paragraph 12(1)(b) to the Arnhem Land Aboriginal Land Trust that has not taken effect before the commencement of this section.

12AA

Agreements with respect to roads on land described in Schedule 1

12AA Agreements with respect to roads on land described in Schedule 1

(1) Where a deed of grant of land sets out an exclusion in accordance with subsection 12(3A), the Land Council in the area of which the land is situated and the Northern Territory may, at any time, agree with each other that a part of that land, being a part identified in the agreement, is: (a) land on which there was, at the time of the commencement of section 3, a road over which the public had, at that time, a right of way; or (b) land on which there was, at the time of the execution of the deed of grant, a road over which the public had, at that time, a right of way. (2) An agreement under subsection (1) shall be reduced to writing and a copy of it certified by both parties shall be forwarded to the Minister. (3) On the receipt of a copy of an agreement under subsection (2), the Minister shall publish in the Gazette a notification of the agreement, including a copy of the terms of the agreement.

12AB

Declaratory orders with respect to roads on land described in Schedule 1

12AB Declaratory orders with respect to roads on land described in Schedule 1

(1) Where a deed of grant of land sets out an exclusion in accordance with subsection 12(3A), the Supreme Court of the Northern Territory has jurisdiction, at the suit of the Northern Territory or of the Land Council in the area of which the land is situated, to make an order declaring that a part of the land, being a part identified in the order, is: (a) land on which there was, at the time of the commencement of section 3, a road over which the public had, at that time, a right of way; or (b) land on which there was, at the time of the execution of the deed of grant, a road over which the public had, at that time, a right of way. (2) The jurisdiction conferred by subsection (1) shall be exercised in accordance with the Supreme Court Act 1979 of the Northern Territory.

12AC

Effect of agreement or order

12AC Effect of agreement or order

(1) On the publication in the Gazette of an agreement in accordance with section 12AA or the coming into effect of an order under section 12AB, not being an agreement or order relating to a deed of grant that has been registered in accordance with subsection 12(5), the land the subject of the agreement or order shall, for all purposes, be deemed to be, and always to have been, land coming within the terms of the exclusion set out, in accordance with subsection 12(3A), in the deed of grant to which the agreement or order relates. (2) Where an agreement under section 12AA that has been published in the Gazette or an order under section 12AB that has come into effect relates to a deed of grant that has been registered in accordance with subsection 12(5), a party to the agreement or the person who obtained the order may lodge the agreement or order, as the case may be, with the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land, and, on that lodgement, the Registrar‑General or other appropriate officer shall: (a) call in the deed of grant; and (b) enter on the deed of grant and in the register book a memorandum setting out the terms of the agreement or order, as the case may be. (3) On the entering of a memorandum under subsection (2), the land the subject of the agreement or order to which the memorandum relates shall, for all purposes, be deemed to be, and always to have been, land coming within the terms of the exclusion set out, in accordance with subsection 12(3A), in the deed of grant to which the agreement or order, as the case may be, relates.

12AD

Compensation for loss of licences etc.

12AD Compensation for loss of licences etc.

(1) Where a person has, by virtue of a grazing licence, an occupation licence or a miscellaneous licence under the Crown Lands Ordinance 1931 of the Northern Territory, as amended and in force from time to time, a right to use land to which a recommendation under subsection 11(1) or (1AD) relates, then, upon the execution under this Act of a deed of grant in respect of the land, that right is converted into a right to compensation from the Commonwealth. (2) Where a person has a right to compensation under subsection (1) in relation to the loss of a licence, the right extends to compensation for decrease in value of an estate or interest or other licence of the person in land that is adjacent to the land granted, to the extent that the decrease arose out of the loss of that licence. (3) Compensation under this section is not payable in respect of improvements that are not authorised under the Crown Lands Ordinance 1931 of the Northern Territory, as amended and in force from time to time. (4) The amount of compensation payable to a person under this section shall be such reasonable amount of compensation as is, subject to the operation of subsections (2) and (3), agreed between the Commonwealth and that person or, failing agreement, as is determined by the Federal Court of Australia.

12A

Occupation of land by Director

12A Occupation of land by Director

(1) Where the estate or interest of the Director in any land ceases to exist by virtue of subsection 12(2A), the Director is entitled, by virtue of this section, to continue his or her occupation of the land for the purposes of Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 and, during that period of occupation, any buildings or improvements on the land shall be deemed to be the property of the Director. (1A) Subsection (1) does not apply to an estate or interest of the Director in land described under the heading “JABIRU” in Part 4 of Schedule 1. (2) Nothing in subsection (1) prevents the granting by a Land Trust of a lease to the Director of land to which this section applies and, if such a lease is granted, the land ceases to be land to which this section applies.

12B

Arbitration on agreement between Land Council and Director

12B Arbitration on agreement between Land Council and Director

(1) Where the Minister is satisfied that a Land Council and the Director are unable to agree on the terms of an agreement to be entered into by them in compliance with the condition referred to in subsection 12(2B), the Minister may, after consulting with the Land Council and with the Director, appoint an Arbitrator, being a person whom the Minister considers to be in a position to deal with the matter impartially, to determine the terms of an agreement that, in the opinion of the Arbitrator, complies with that condition and should be acceptable to the Land Council and to the Director. (2) An agreement determined by the Arbitrator under subsection (1) shall not include a term or condition (whether in the agreement or in a lease the terms and conditions of which are set out in the agreement) that: (a) requires the Land Council or Land Trust concerned to take any action that it is not authorized to take by, or under, this Act or any other Act or by, or under, a law of the Northern Territory; or (b) requires the Director to take any action that the Director is not authorized to take by, or under, the Environment Protection and Biodiversity Conservation Act 1999 or any other Act or by, or under, a law of the Northern Territory. (3) Where the Arbitrator has determined the terms of an agreement under subsection (1), the Land Council concerned and the Director shall enter into that agreement. (4) Where the Minister is satisfied that a Land Council has refused, or is unwilling, to enter into an agreement with the Director as required by subsection (3), the Minister may, on behalf of the Land Council, enter into the agreement with the Director.

12C

Minister may grant lease in certain circumstances

12C Minister may grant lease in certain circumstances

Where the Minister is satisfied that: (a) a Land Council has refused, or is unwilling, to direct a Land Trust to grant to the Director a lease in accordance with an agreement entered into between the Land Council and the Director (including such an agreement entered into by the Minister on behalf of the Land Council) in compliance with the condition referred to in subsection 12(2B); or (b) a Land Trust has refused, or is unwilling, to take action in accordance with a direction given to it by a Land Council, being a direction to grant to the Director a lease in accordance with an agreement entered into between the Land Council and the Director (including such an agreement entered into by the Minister on behalf of the Land Council) in compliance with the condition referred to in subsection 12(2B); the Minister may, on behalf of the Land Trust, grant to the Director the lease provided for by the agreement.

12D

Land subject of deed in escrow—Land Councils may enter into agreements

12D Land subject of deed in escrow—Land Councils may enter into agreements

(1) If: (a) land is the subject of a deed of grant held in escrow by a Land Council on the condition that the Land Council deliver the deed to a Land Trust when all of the estates and interests in the land held by a person (other than the Crown) have come to an end; and (b) a person (the proponent) desires to obtain an estate or interest in the land; the proponent may make representations to the Land Council concerning the proponent’s plans for the land. (2) At any time before the deed is delivered to the Land Trust, the Land Council may agree with the proponent that the Land Council will, if the deed is delivered to the Land Trust, direct the Land Trust to grant the proponent an estate or interest in the land. (3) The agreement must specify the terms and conditions on which the proposed grant is to be made. (4) The Land Council must not enter into the agreement unless it is satisfied that: (a) the traditional Aboriginal owners (if any) of the land understand the nature and purpose of the proposed grant and, as a group, consent to it; and (b) any Aboriginal community or group that may be affected by the proposed grant has been consulted and has had adequate opportunity to express its view to the Land Council; and (c) the terms and conditions on which the proposed grant is to be made are reasonable. (5) The agreement is binding on any successors to the Land Council. (6) The Land Council must, immediately after the deed is delivered to the Land Trust, in writing direct the Land Trust to grant an estate or interest in the land on the terms and conditions set out in the agreement. (7) A failure to comply with subsection (4) does not invalidate the agreement. (8) To avoid doubt, the agreement does not create an estate or interest in the land that would prevent the deed from being delivered to the Land Trust. (9) For the purposes of this section, an estate or interest in land includes a mining interest or licence in respect of the land.

Land subject of deed in escrow—grants of interests by the Crown

13 Land subject of deed in escrow—grants of interests by the Crown

(1) Subject to subsection (2), no grant of an estate or interest in land the subject of a deed of grant held in escrow by a Land Council shall be made by the Crown to any person. (2) Subsection (1) does not prevent the grant by the Crown of an estate or interest in land referred to in that subsection in any of the following circumstances: (a) where the grant is made in consequence of the exercise by a person of a right, under a law of the Northern Territory, to require the grant to be made; (b) where: (i) the grant is made in consequence of an application by a person having a right, under a law of the Northern Territory, to make that application for a renewal of the person’s estate or interest in the land for a further period or a conversion of the person’s estate or interest in the land into another estate or interest; (ii) a copy of the application is served on the Land Council for the area in which the land is situated; and (iii) an arbitrator appointed by the Minister is satisfied, after hearing both the views of the applicant and the views of the Land Council on the matter, that the hardship that would be occasioned to the applicant by a refusal of his or her application would be greater than the hardship that would be occasioned to the Aboriginal communities or groups interested in the land by an approval of the application; (c) where the Land Council for the area in which the land is situated consents to the grant. (3) A reference in paragraph (2)(a) or in subparagraph (2)(b)(i) to a right of a person shall be read as a reference to a right that was vested in the person immediately before the land became Aboriginal land.

Occupation etc. by the Crown etc. of Aboriginal land vested in Land Trust

14 Occupation etc. by the Crown etc. of Aboriginal land vested in Land Trust

(1) Where, on the vesting in a Land Trust of an estate in fee simple in land, the land is being occupied or used by the Crown or, with the licence or permission of the Crown, by an Authority, the Crown or the Authority is entitled to continue that occupation or use for such period as the land is required by the Crown or the Authority. (2) During the period for which, by virtue of subsection (1), the Crown or an Authority is entitled to the occupation or use of land, any buildings and improvements on that land shall be deemed to be the property of the Crown or the Authority. (3) Nothing in this section prevents the granting by a Land Trust of a lease of land referred to in subsection (1) to the Commonwealth, the Northern Territory or an Authority, as the case may be, and, if such a lease is granted, the land ceases to be land to which this section applies. (3A) Nothing in this section prevents a Land Trust granting a lease of land to an approved entity under section 19A that includes land referred to in subsection (1) of this section. (3B) If land (the applicable land): (a) is of a kind referred to in subsection (1); and (b) is part of land that is leased to an approved entity under section 19A; nothing in this section prevents the approved entity granting a sublease of the applicable land to the Commonwealth, the Northern Territory or an Authority, as the case may be. (3C) If such a sublease is granted, the applicable land ceases to be land to which this section applies. (4) This section does not apply in relation to an occupation or use of land that is authorized by the Atomic Energy Act 1953 or any other Act authorizing mining for minerals and this section does not prejudice the operation of the Atomic Energy Act 1953 or that other Act, as the case may be.

Payments in respect of occupation of land by the Crown etc.

15 Payments in respect of occupation of land by the Crown etc.

(1) Subject to subsection (1A), if an occupation or use of Aboriginal land to which section 14 applies is for a purpose that is not a community purpose, the Crown shall pay to the Land Council for the area in which the land is situated amounts in the nature of rent for that occupation or use at such rate as is fixed by the Minister having regard to the economic value of the land. (1A) If the land referred to in subsection (1) is part of land that is leased to an approved entity under section 19A, the Crown must pay to the approved entity the amounts referred to in subsection (1) of this section (instead of paying the amounts to the Land Council concerned). (2) For the purposes of subsection (1): (a) an occupation or use of land by the Crown for forestry purposes shall be deemed to be an occupation or use for a purpose that is not a community purpose; and (b) the economic value of land shall not include the value of any royalties that are, or may be, payable in connexion with forestry operations on the land.

Payments to Land Council by the Crown in respect of interests in Aboriginal land

16 Payments to Land Council by the Crown in respect of interests in Aboriginal land

The Crown shall pay to a Land Council amounts equal to the amounts of rents and other prescribed payments paid to the Crown in respect of an interest (including a mining interest) granted by the Crown (whether before or after the commencement of this Act) in Aboriginal land in the area of the Land Council, not being payments in the nature of royalties in respect of a mining interest or payments made to the Northern Territory by way of fees for services provided under provisions of a law of the Northern Territory relating to mining for minerals.

Appropriation etc. of payments to Land Council or approved entity

17 Appropriation etc. of payments to Land Council or approved entity

The amount of any payment to a Land Council or an approved entity under section 15 or 16 shall be paid: (a) in the case of a payment by the Commonwealth—out of the Consolidated Revenue Fund, which is appropriated accordingly; or (b) in the case of a payment by the Northern Territory—out of moneys lawfully available for the purpose.

Occupation or use of Aboriginal land by mission

18 Occupation or use of Aboriginal land by mission

(1) Where, on the vesting of an estate in fee simple in land in a Land Trust, the land is being occupied or used by a mission with the licence or permission of the Crown, the mission is entitled to continue that occupation or use in accordance with this section. (2) The Land Council for the area in which land referred to in subsection (1) is situated may serve notice on the mission that it wishes to terminate the occupation or use of the land by the mission on a date specified in the notice, being a date not earlier than 12 months after the date on which the notice is served. (3) Where a notice is served on a mission in accordance with subsection (2), the mission ceases, on the date of termination specified in the notice, to be entitled to occupy or use the land. (4) Where: (a) a mission ceases, by virtue of a notice served on it under subsection (2), to be entitled to occupy or use land; and (b) there are on the land buildings or other improvements that were erected, wholly or partially, by or at the expense of the mission before the service of that notice; the Land Council shall pay to the mission an amount equal to: (c) where the buildings or other improvements referred to in paragraph (b) were erected wholly by or at the expense of the mission—the value, as agreed by the Land Council and the mission, or, in the absence of such agreement, as determined by the Minister, of those buildings or other improvements when the mission ceased to be entitled to occupy or use the land; or (d) in any other case—such part of the value referred to in paragraph (c) as is attributable to the action of the mission. (5) Nothing in this section prevents the granting by the Land Trust of a lease of land referred to in subsection (1) to a mission and, if such a lease is granted, the land ceases to be land to which this section applies.

18A

Occupation or use of land in Ranger Project Area

18A Occupation or use of land in Ranger Project Area

(1) Subject to section 18C, where, on the vesting in a Land Trust of an estate in fee simple in land (hereinafter in this subsection referred to as the vested land) that constitutes, or forms part of, the land described in Schedule 2 known as the Ranger Project Area, the vested land is being occupied or used by a person as provided for by a law of the Northern Territory relating to mining for minerals or with the licence or permission of the Crown: (a) the person is entitled to continue that occupation or use during the period commencing on that vesting and ending on: (i) the entering into an agreement with respect to the vested land under subsection 44(2); or (ii) the granting of an authority under the Atomic Energy Act 1953 with respect to the vested land; whichever last occurs; and (b) any fixtures or other improvements constructed or erected on the vested land by the person before 17 May 1978 shall, during the period commencing at the commencement of the period referred to in paragraph (a) and ending when the authority under the Atomic Energy Act 1953, referred to in subparagraph (a)(ii), or any extension or renewal of that authority, is revoked or otherwise ceases to operate, be deemed to be the property of that person. (2) A person who, by force of subsection (1): (a) has a right to occupy or use land during a period; or (b) has, during a period, a title to fixtures or other improvements constructed or erected on land; may, with the consent of the Minister, transfer that right or title to another person and may, subject to any conditions or restrictions applicable by or under a law of the Commonwealth or of the Northern Territory, demolish or remove any such fixtures or other improvements during, or within 3 months after the expiration of, that period.

18B

Occupation or use of land in Alligator Rivers Region, other than the Ranger Project Area

18B Occupation or use of land in Alligator Rivers Region, other than the Ranger Project Area

(1) Subject to section 18C, where, on the vesting in a Land Trust of an estate in fee simple in land (hereinafter in this subsection referred to as the vested land) that forms part of the Alligator Rivers Region, the vested land is being occupied or used by a person as provided for by a law of the Northern Territory relating to mining for minerals or with the licence or permission of the Crown: (a) the person is entitled to continue that occupation or use during the period commencing on that vesting and ending: (i) when the person or another person, having obtained a grant in respect of the land under the Atomic Energy Act 1953 or any other Act authorizing mining for minerals or any law of the Northern Territory, becomes, as such grantee, entitled, whether at the time of the grant or subsequently, to occupy or use the land; or (ii) when the Minister, by notice in the Gazette, declares that he or she is satisfied that no grant of a kind referred to in subparagraph (i) will be made to any person; and (b) any fixtures or other improvements constructed or erected on the vested land by the person before 17 May 1978, shall, during the period commencing at the commencement of the period referred to in paragraph (a) and ending: (i) where a grant referred to in subparagraph (a)(i) is made—when that grant, or any extension or renewal of that grant, is revoked or otherwise ceases to operate; or (ii) where the Minister makes a declaration under subparagraph (a)(ii)—when that declaration is published in the Gazette; be deemed to be the property of that person. (2) A person who, by force of subsection (1): (a) has a right to occupy or use land during a period; or (b) has, during a period, a title to fixtures or other improvements constructed or erected on land; may, with the consent of the Minister, transfer that right or title to another person and may, subject to any conditions or restrictions applicable by or under a law of the Commonwealth or of the Northern Territory, demolish or remove any such fixtures or other improvements during, or within 3 months after the expiration of, that period. (3) In this section, Alligator Rivers Region means the Alligator Rivers Region as defined for the purposes of the Environment Protection (Alligator Rivers Region) Act 1978, but does not include the land described in Schedule 2, being the land known as the Ranger Project Area.

18C

Section 18A or 18B not to authorise mining etc.

18C Section 18A or 18B not to authorise mining etc.

Nothing in section 18A or 18B shall be taken to authorize the carrying out of mining operations, or exploration for minerals, on land.

Dealings etc. with interests in land by Land Trusts

19 Dealings etc. with interests in land by Land Trusts

(1) Except as provided by this section or section 19A or 20, a Land Trust must not deal with or dispose of, or agree to deal with or dispose of: (a) any estate or interest in land vested in it; or (b) the land described under the heading “JABIRU” in Part 4 of Schedule 1. (1A) Subsection (1) does not prevent a dealing with, or disposal of, an estate or interest in land, being land to which the condition referred to in subsection 12(2B) or (2C) relates, in accordance with an agreement entered into in compliance with that condition. (2) With the consent, in writing, of the Minister, and at the direction, in writing, of the relevant Land Council, a Land Trust may, subject to subsection (7), grant an estate or interest in land vested in it to an Aboriginal or an Aboriginal and Torres Strait Islander corporation: (a) for use for residential purposes by: (i) the Aboriginal and his or her family; or (ii) an employee of the Aboriginal or the corporation, as the case may be; (b) for use in the conduct of a business by the Aboriginal or the corporation, not being a business in which a person who is not an Aboriginal has an interest that entitles him or her to a share in, or to a payment that varies in accordance with, the profits of the business; or (c) for any community purpose of the Aboriginal community or group for whose benefit the Land Trust holds the land. (3) With the consent, in writing, of the Minister, and at the direction, in writing, of the relevant Land Council, a Land Trust may, subject to subsection (7), grant an estate or interest in land vested in it to the Commonwealth, the Northern Territory or an Authority for any public purpose or to a mission for any mission purpose. (3A) If a Land Trust is considering granting a lease under subsection (3), the relevant Land Council may, by notice in writing given to the Minister, request that, if the Land Trust and the Commonwealth intend to enter into the lease, the Executive Director: (a) enter into the lease on behalf of the Commonwealth; and (b) administer the lease. (3B) If the Minister receives a request under subsection (3A), the Minister must, by notice in writing given to the relevant Land Council, agree or refuse to agree to the request. (3C) A notice given under subsection (3A) or (3B) is not a legislative instrument. (3D) A lease under this section granted by the Kakadu Aboriginal Land Trust to the Director may be varied to cover the land described in paragraphs (a) and (c) under the heading “JABIRU” in Part 4 of Schedule 1, despite a deed of grant of an estate in fee simple in that land to that Land Trust not having been delivered to that Land Trust. The variation must be expressed to take effect on the date that such a deed of grant is delivered to that Land Trust. (4) With the consent, in writing, of the Minister and at the direction, in writing, of the relevant Land Council, a Land Trust may: (b) transfer to another Land Trust, or surrender to the Crown, the whole of its estate or interest in the whole, or any part of, the land vested in it.

Note: See also section 20A (which deals with the application of the law of the Northern Territory relating to the transfer of land).

(4AA) Any right, title or other interest in land transferred under subsection (4) that existed immediately before the transfer is preserved as a right, title or interest in that land after the transfer. (4AB) Any agreement in respect of land transferred under subsection (4) that was entered into by the transferor Land Trust and that is in force immediately before the transfer is taken to have the same force and effect, after the transfer, as the agreement would have had if it had been entered into by the transferee Land Trust. (4A) With the consent, in writing, of the Minister, and at the direction, in writing, of the relevant Land Council, a Land Trust may, subject to subsection (7), grant an estate or interest in the whole, or any part, of the land vested in it to any person for any purpose. (5) A Land Council shall not give a direction under this section for the grant, transfer or surrender of an estate or interest in land unless the Land Council is satisfied that: (a) the traditional Aboriginal owners (if any) of that land understand the nature and purpose of the proposed grant, transfer or surrender and, as a group, consent to it; (b) any Aboriginal community or group that may be affected by the proposed grant, transfer or surrender has been consulted and has had adequate opportunity to express its view to the Land Council; and (c) in the case of a grant of an estate or interest—the terms and conditions on which the grant is to be made are reasonable. (6) Where a Land Council, in giving a direction for a proposed grant, transfer or surrender of an estate or interest in land, fails to comply with subsection (5), that failure does not invalidate that grant, transfer or surrender unless the person to whom the grant, transfer or surrender was made procured the direction of the Land Council by fraud. (7) The consent of the Minister is not required for the grant under subsection (2), (3) or (4A) of an estate or interest the term of which does not exceed 40 years. (8) The grantee of an estate or interest under this section is not empowered to transfer his or her interest as such grantee to another person, or to grant to another person an interest dependent upon his or her interest as such grantee, except with the consent, in writing, of the relevant Land Council and, if the consent of the Minister was required to the grant of that estate or interest to the grantee, the consent, in writing, of the Minister. (8A) A Land Council may give a consent under subsection (8) at the time it gives a direction under subsection (2), (3) or (4A) or at any later time. (8B) The Minister may give a consent under subsection (8) at the time he or she gives a consent under subsection (2), (3) or (4A) or at any later time. (8C) A consent of the Minister or a Land Council under subsection (8) relating to a transfer or grant may: (a) be general; or (b) be expressed to be limited to a specified person or a person included in a specified class. (9) Where a grant of an estate or interest is invalidated, by virtue of subsection (6), on account of fraud, that invalidity does not affect the rights of a person who has, for value and without notice of the fraud, accepted the transfer of that estate or interest or been granted an interest dependent upon that estate or interest. (9A) When the Minister is satisfied that a Land Council has refused, or is unwilling, to give a direction under subsection 11A(5) to a Land Trust to grant an estate or interest in land in accordance with an agreement entered into by the Land Council under subsection 11A(2), the Minister shall, in the name of, and on behalf of, that Land Council, give the Land Trust that direction. (9B) Where the Minister is satisfied that a Land Trust has refused, or is unwilling, to comply with a direction given under subsection 11A(5), or subsection (9A) of this section, to grant an estate or interest in particular land on particular terms and conditions, the Minister shall, in the name of, and on behalf of, that Land Trust, grant that estate or interest in relation to that land on those terms and conditions. (10) In this section, relevant Land Council, in relation to land, means the Land Council for the area in which the land is situated. (11) A reference in this section to an estate or interest in land includes: (a) a reference to a licence granted in respect of that land including, but without limiting the generality of the foregoing, a licence granted under a law of the Northern Territory relating to exploration for, or the mining or development of, extractive mineral deposits; or (b) a reference to a lease or other interest in that land, or a right granted in respect of that land, under such a law. (12) The preceding provisions of this section do not authorise the grant by a Land Trust of the fee simple in land vested in it except in the circumstances referred to in paragraph (4)(b). (13) If a Land Trust grants an estate or interest in Aboriginal land under this section, then, at the direction, in writing, of the relevant Land Council, the Land Trust may, in writing, authorise a specified person, or any person included in a specified class of persons, to enter or remain on the land for a specified purpose that is related to that estate or interest.

Note: Section 70 will not apply to a person who enters or remains on the land in accordance with such an authorisation: see subsection 70(2B).

(14) A direction or an authorisation under subsection (13) is not a legislative instrument.

19A

Land Trust may grant headlease over township

19A Land Trust may grant headlease over township

Grant of lease (1) A Land Trust may grant a lease of a township to an approved entity if: (a) the Minister consents, in writing, to the grant of the lease; and (b) the Land Council for the area in which the land is situated directs, in writing, the Land Trust to grant the lease; and (c) if the approved entity is an Aboriginal and Torres Strait Islander corporation—some or all of an area of land for which the corporation is approved under subsection 3AA(2) falls within the area of the township. A consent or direction under this subsection is not a legislative instrument. (1A) If an approved entity is the Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989), the Commonwealth or authority is authorised to acquire a lease under this section. Lease of Jabiru town land (1B) The Kakadu Aboriginal Land Trust may grant a lease of the Jabiru town land under this section despite a deed of grant of an estate in fee simple in that land to that Land Trust not having been delivered to that Land Trust. The lease must be expressed to take effect on the date that such a deed of grant is delivered to that Land Trust. (1C) The Minister must not give a consent under subsection (1) to the grant of a lease mentioned in subsection (1B) unless the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 is satisfied that the terms and conditions of the lease are consistent with the protection of the world heritage values, and other natural and cultural values, of Kakadu National Park (within the meaning of that Act). Land Council direction (2) A Land Council must not give a direction under subsection (1) for the grant of a lease unless it is satisfied that: (a) the traditional Aboriginal owners (if any) of the land understand the nature and purpose of the proposed lease and, as a group, consent to it; and (b) any Aboriginal community or group that may be affected by the proposed lease has been consulted and has had adequate opportunity to express its view to the Land Council; and (c) the terms and conditions of the proposed lease (except those relating to matters covered by this section) are reasonable. (3) If a Land Council, in giving a direction for a grant of a lease, fails to comply with subsection (2), that failure does not invalidate that grant unless the approved entity to whom the grant was made procured the direction of the Land Council by fraud. Term of lease (4) The term of a lease granted under this section is the term specified in the lease (which must be at least 40 years and no more than 99 years). The term specified in the lease must not be varied. This subsection is subject to subsections (4A) and (5). (4A) A lease granted under this section may provide for the variation of the lease by way of one or more extensions of the term of the lease. The extensions must not result in the term of the lease being more than 99 years. Interpretation (4B) Subsection (4A) does not limit variations of the lease in relation to other matters. Operation of Lands Acquisition Act (4C) If an approved entity is the Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989), the Commonwealth or authority is authorised to acquire the interest (within the meaning of that Act) in land that arises under an extension of the term of a lease granted under this section (as mentioned in subsection (4A)). Grant of replacement lease (5) If, at least 20 years before the end of the term of a lease (the original lease) granted under this section (including that term as extended as mentioned in subsection (4A)), a Land Trust grants another lease under this section to the same approved entity covering the area of land concerned (whether or not the other lease also covers other land), the original lease ends at the time the other lease takes effect. Limitation on grant of replacement lease (5A) The Minister must not, under subsection (1), consent to the grant of another lease as mentioned in subsection (5) unless the Minister is satisfied that the grant of the other lease would not adversely affect a sublease or other right or interest derived from the original lease mentioned in subsection (5). Payments (6) A lease granted under this section must not make provision for the lessee to make a payment to a person other than the lessor. Transfer of lease (8) A lease granted under this section may be transferred to another approved entity: (a) with the written approval of the Minister; and (b) in accordance with the terms and conditions of the lease; and (c) in the case where the other approved entity is an Aboriginal and Torres Strait Islander corporation—only if some or all of an area of land for which the corporation is approved under subsection 3AA(2) falls within the area of the township. An approval under paragraph (a) is not a legislative instrument. (8A) The Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989) is authorised to: (a) transfer a lease granted under this section in accordance with subsection (8); or (b) acquire a lease that is transferred in accordance with subsection (8). Lease not to be used as security (9) A lease granted under this section must not be used as security for a borrowing. Preserving any existing right, title or other interest (10) Any right, title or other interest in land the subject of a lease granted under this section that existed immediately before the time the lease takes effect is preserved as a right, title or interest in that land after that time. (11) If that right, title or other interest was granted by the Land Trust, then, at the time the lease granted under this section takes effect, that right, title or other interest has effect as if it were granted by the approved entity on the same terms and conditions as existed immediately before that time. (11A) Subsections (10) and (11) do not apply in relation to the grant of a lease mentioned in subsection (1B). (11B) If a lease mentioned in subsection (1B) is granted under this section: (a) any right, title or interest, or any thing, that was registered under the Land Title Act 2000 (NT) in relation to the land (the relevant land) the subject of the lease immediately before the time the lease takes effect, other than: (i) the estate in fee simple in the relevant land held by the Director; and (ii) any right, title or interest, or any thing, held by the Jabiru Town Development Authority in relation to the relevant land; has full force and effect in accordance with its terms at and after that time; and (b) any right, title or interest in relation to the relevant land that was granted: (i) under any right, title or interest, or any thing, covered by paragraph (a); or (ii) under any right, title or interest, or any thing, held by the Jabiru Town Development Authority in relation to the relevant land; and that existed immediately before the time the lease takes effect, has full force and effect in accordance with its terms at and after that time, subject to subsection (11GA); and (c) any right, title or interest: (i) in relation to a facility (within the meaning of the Telecommunications Act 1997) that is on, over or under the relevant land and is owned or operated by a carrier (within the meaning of that Act); and (ii) that existed immediately before the time the lease takes effect; has full force and effect in accordance with its terms at and after that time; and (d) any right, title or interest in relation to the trust assets (see subsection (11C)) that existed immediately before the time the lease takes effect, has full force and effect in accordance with its terms at and after that time; and (e) any right, title or interest, or any thing, in relation to the relevant land, specified in a legislative instrument made by the Minister under this paragraph, has full force and effect in accordance with its terms at and after the time the lease takes effect. (11C) For the purposes of paragraph (11B)(d), trust assets means Trust Assets within the meaning of subclause 1(1) of the Agreement between the Jabiru Town Development Authority and Energy Resources of Australia Ltd made on 23 August 1985. (11D) Paragraphs (11B)(a) to (d) do not limit paragraph (11B)(e). (11E) Any right, title, interest or thing to which subsection (11B) applies has full force and effect in accordance with its terms, at and after the time the lease takes effect, even if the right, title, interest or thing did not have full force and effect according to its terms immediately before that time. (11F) If subsection (11B) applies in relation to a right, title, interest or thing granted by the Jabiru Town Development Authority, then, at and after the time the lease takes effect, the right, title, interest or thing has full force and effect in accordance with its terms as if it were granted by the approved entity to which the lease was granted. (11G) If: (a) subsection (11B) applies in relation to a right, title, interest or thing; and (b) immediately before the time the lease (the new lease) mentioned in subsection (1B) takes effect, that right, title, interest or thing is, in accordance with its terms, contingent on the existence of the lease of the Jabiru town land by the Director to the Jabiru Town Development Authority; then, for the purposes of subsections (11B) to (11F), at the time the new lease takes effect, those terms are taken to have been modified so that the right, title, interest or thing is contingent on the existence of the new lease. (11GA) Despite subsections (11B), (11F) and (11G), a right, title or interest that relates to the relevant land mentioned in subsection (11B) and was granted under a lease (a Director‑JTDA lease) of the Jabiru town land by the Director to the Jabiru Town Development Authority ceases to have effect at the earlier of the following times (or either of them if they are the same): (a) the time the Director‑JTDA lease that ceases to exist because of subsection 12(2AB) would have expired if it had not ceased to exist under subsection 12(2AB); (b) the time the right, title or interest would have expired had the Director‑JTDA lease not ceased to exist under subsection 12(2AB). (11GB) Subsection (11GA) does not prevent the right, title or interest from ceasing to have effect according to its terms (as affected by subsections (11F) and (11G)) before the time worked out under subsection (11GA).

Note: Example: The right, title or interest may be surrendered or terminated in accordance with those terms before that time.

(11H) Before making a legislative instrument under paragraph (11B)(e), the Minister must consult the Land Council for the area in which the relevant land is situated. The Minister may also consult such other persons or bodies as the Minister thinks appropriate. (11J) If the Minister makes a legislative instrument under paragraph (11B)(e), the Minister must give a copy of the instrument to the Land Council for the area in which the relevant land is situated. (12) If: (a) subsection (11) or (11F) applies in relation to a right, title, interest or thing; and (b) the lease is transferred in accordance with this section; and (c) the right, title, interest or thing existed immediately before the time the transfer takes effect; then, at that time, the right, title, interest or thing has effect as if it were granted by the transferee on the same terms and conditions as existed immediately before that time. Subleases (13) This section does not prevent a sublease of a lease granted under this section. (14) A lease granted under this section must not contain any provision requiring the consent of any person to the grant of a sublease of the lease. (15) A lease granted under this section must not contain any provision relating to the payment of rent, or the non‑payment of rent, in relation to a sublease of the lease. (16) The Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989) is authorised to acquire, or grant, a sublease of a lease granted under this section in accordance with the terms and conditions of the lease. Licences (17) This section does not prevent the lessee of a lease granted under this section from granting a licence in relation to land covered by the lease. (18) The Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989) is authorised to acquire, or grant, a licence in relation to land covered by a lease granted under this section in accordance with the terms and conditions of the lease.

19B

Expenditure of approved entities to be in accordance with approved estimates

19B Expenditure of approved entities to be in accordance with approved estimates

(1) An approved entity must: (a) prepare estimates, in such form and for such periods as the Minister directs, of its expenditure to meet its costs of: (i) acquiring leases, or administering leases granted or transferred to the approved entity, under section 19A; or (ii) the payment of amounts under leases granted or transferred to the approved entity under section 19A; and (b) submit those estimates to the Minister for the Minister’s approval not later than such date as the Minister directs.

Note: The Minister must have regard to approved estimates in directing that an amount be debited from the Account under paragraph 64(4A)(a) or (b).

(2) A period directed under paragraph (1)(a) for an approved entity may be wholly or partly concurrent with another period directed under that paragraph for the entity. (3) Subject to subsection (4), if the Minister has directed under paragraph (1)(a) that an approved entity prepare estimates for a period, money of the approved entity must not be spent to meet its costs referred to in paragraph (1)(a) in respect of the period otherwise than in accordance with estimates of expenditure approved by the Minister. (4) The amount of expenditure by an approved entity in relation to the matter or matters covered by an item in the estimates approved by the Minister may exceed the amount specified in the item by an amount not exceeding 20% of the amount so specified. (5) An approved entity must not spend amounts, in relation to matters covered by estimates approved by the Minister, that exceed the total amount of expenditure provided for by those estimates. (6) An obligation imposed by this section on an approved entity must be fulfilled by the Executive Director of Township Leasing if the approved entity is the Commonwealth. (7) Nothing in this section affects a requirement under section 36 of the Public Governance, Performance and Accountability Act 2013 to prepare budget estimates in relation to an approved entity that is the Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989).

19C

Modification of certain NT laws for a township lease held by an approved entity

19C Modification of certain NT laws for a township lease held by an approved entity

(1) This section applies to: (a) the grant of a lease to an approved entity under section 19A; or (aa) the extension of the term of a lease granted under that section (as mentioned in subsection 19A(4A)) if the lease is held by an approved entity at the time of the variation mentioned in that subsection; or (b) the transfer of a lease to an approved entity in accordance with that section. Taxes (2) No stamp duty or similar tax is payable under a law of the Northern Territory in respect of the grant, extension or transfer. Registration (3) On the application of the approved entity, the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land must register the instrument of grant, extension or transfer as if it were duly executed under that law.

19D

Modification of NT subdivision law for grant of a township lease to an approved entity

19D Modification of NT subdivision law for grant of a township lease to an approved entity

The procedures for the subdivision of land under the law of the Northern Territory relating to the transfer of land do not apply in respect of the grant of a lease to an approved entity under section 19A.

19E

Modification of certain NT laws for a township lease held by an approved entity

19E Modification of certain NT laws for a township lease held by an approved entity

(1) This section applies in relation to a lease: (a) granted to an approved entity under section 19A; or (b) transferred to an approved entity in accordance with that section. (2) The regulations may make modifications of any law of the Northern Territory relating to: (a) planning; or (b) infrastructure; or (c) the subdivision or transfer of land; or (d) other prescribed matters; to the extent that the law applies to land the subject of the lease. (3) In subsection (2):

modifications includes additions, omissions and substitutions.

Leases in compliance with obligations of the Commonwealth

20 Leases in compliance with obligations of the Commonwealth

(1) Where an agreement entered into by the Commonwealth before the commencement of this section gives a person an entitlement, in certain circumstances, to the grant of a lease under the Special Purposes Leases Ordinance 1953 of the Northern Territory, as amended from time to time, of land in Schedule 1, that agreement shall be taken to provide that, after the vesting in a Land Trust of an estate in fee simple in the land, the lease to which the person is to become so entitled in those circumstances shall be a lease granted by that Land Trust in accordance with this section, being a lease under which that person and the Land Trust have rights and obligations that are as near as practicable the same as the rights and obligations that would have been applicable to that person and the Crown, respectively, under a lease from the Crown granted in accordance with the agreement. (2) Where a person who, by virtue of subsection (1), has become entitled to the grant of a lease of land by a Land Trust has informed the Land Council for the area in which the land is situated that the person requires the lease, the Land Council shall: (a) negotiate with the person with respect to the terms and conditions of the lease; and (b) if agreement is reached on terms and conditions, direct the Land Trust to grant the lease on those terms and conditions; and the Land Trust shall comply with that direction. (3) Where the Minister is satisfied that: (a) a Land Council has refused, or is unwilling, to negotiate with respect to the terms and conditions of a lease to which a person has become entitled by virtue of subsection (1); or (b) the Land Council and that person cannot agree on the terms and conditions of the lease; the Minister may, after consultation with the Land Council and with the person, appoint an Arbitrator, being a person whom the Minister considers to be in a position to deal with the matter impartially, to determine terms and conditions of the lease that, in the opinion of the Arbitrator, should be acceptable to the Land Council and to the person. (4) Where the Arbitrator has determined terms and conditions of a lease under subsection (3) and the person entitled to the lease is willing to enter into that lease on those terms and conditions, the Land Council shall direct the Land Trust in which the land is vested to grant the lease on those terms and conditions. (5) Where the Minister is satisfied that a Land Council has refused, or is unwilling, to give a direction in compliance with subsection (2) or (4) or a Land Trust has refused, or is unwilling, to comply with such a direction, the Minister may, in the name of, and on behalf of, the Land Trust, grant a lease in accordance with the direction that should have been, or has been, given.

20A

Northern Territory transfer of land law to apply

20A Northern Territory transfer of land law to apply

(1) Subject to sections 19C to 19E, this section and sections 20SA and 20SB, the law of the Northern Territory relating to the transfer of land applies, according to its tenor, to, and in relation to, any dealing with, or disposition of, an estate or interest in land by, or on behalf of, a Land Trust. (2) No stamp duty or similar tax is payable under a law of the Northern Territory in respect of a transfer under subsection 19(4). (3) The procedures for the subdivision of land under the law of the Northern Territory relating to the transfer of land do not apply in respect of a transfer of an estate or interest in any part of land under subsection 19(4). (4) On the application of a Land Trust that has had an estate or interest in any part of land transferred to it under subsection 19(4), the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land must register the instrument of transfer as if it were duly executed under that law.

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Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part I Preliminary