10Recommendations 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.