67AEstates or interests not to be granted while land subject to traditional land claim

67A Estates or interests not to be granted while land subject to traditional land claim

(1) Where an application referred to in paragraph 50(1)(a) in respect of an area of land was made before the day of commencement of this section: (a) any grant of an estate or interest in that area of land, or in a part of that area of land, that was purportedly effected on a day before that traditional land claim, in so far as it related to the area of land to which the grant relates, was finally disposed of, being a day after 28 May 1986 and before the day of commencement of this section, shall be taken to be, and at all times to have been, of no effect; and (b) any grant of an estate or interest in that area of land, or in a part of that area of land, that was purportedly effected on a day before that traditional land claim, in so far as it relates to the area of land to which the grant relates, is finally disposed of, being the day of commencement of this section or a later day, shall be of no effect.

Note: Subsection (1) does not apply to certain grants: see section 67B.

(2) Where an application referred to in paragraph 50(1)(a) in respect of an area of land is made on or after the day of commencement of this section, any grant of an estate or interest in that area of land, or in a part of that area of land, that is purportedly effected on a day before that traditional land claim, in so far as it relates to the area of land to which the grant relates, is finally disposed of, being the day on which the application is made or a later day, shall be of no effect.

Note: Subsection (2) does not apply to certain grants: see section 67B.

(3) Where an application referred to in paragraph 50(1)(a) in respect of an area of land was made before the day of commencement of this section any reservation, dedication or setting aside of that area of land, or a part of that area of land, that was purportedly effected on a day before that traditional land claim, in so far as it relates to the area of land so reserved, dedicated or set aside, is finally disposed of, being the day of commencement of this section or a later day, shall be of no effect. (4) Where an application referred to in paragraph 50(1)(a) in respect of an area of land is made on or after the day of commencement of this section, any reservation, dedication or setting aside of that area of land, or a part of that area of land, that is purportedly effected on a day before that traditional land claim, in so far as it relates to the area of land so reserved, dedicated or set aside, is finally disposed of, being the day on which the application is made or a later day, shall be of no effect. (5) Subject to subsections (6), (7), (8), (9), (12) and (17), a traditional land claim shall be taken not to have been finally disposed of in so far as it relates to a particular area of land until: (a) the claim, or the claim, in so far as it relates to the area of land, is withdrawn; or (b) the Governor‑General executes a deed of grant of an estate in fee simple in the area of land, or in an area of land that includes the area of land, under section 12; or (c) the Commissioner informs the Minister, in the Commissioner’s report to the Minister in respect of the claim: (i) that the Commissioner finds that there are no Aboriginals who are the traditional Aboriginal owners of the area of land; or (ii) that the Commissioner is unable to make a finding that there are Aboriginals who are the traditional Aboriginal owners of the area of land; or (d) where the Commissioner finds that there are Aboriginals who are the traditional Aboriginal owners of the area of land, or of an area of land that includes the area of land—the Minister determines, in writing, that the Minister does not propose to recommend to the Governor‑General that a grant of estate in fee simple in the area of land, or in an area of land that includes the area of land, be made to a Land Trust. (6) If: (a) an application has been made under section 50 by or on behalf of Aboriginals claiming to have a traditional land claim to an area of land; and (b) either: (i) the application was made on or after 5 June 1997; or (ii) subsection 50(2D) applies to the whole or a part of that land; then: (c) if subparagraph (b)(i) applies—the traditional land claim is taken to have been finally disposed of; and (d) if subparagraph (b)(ii) applies—the traditional land claim, to the extent to which subsection 50(2D) applies, is taken to have been finally disposed of.