4Land 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.