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. > Note: Subparagraph (b)(i) relates to subsection 50(2A), which prevents Commissioners considering applications relating to traditional land claims made after the expiration of 10 years after the commencement of that subsection. That subsection commenced on 5 June 1987. (7) 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) after the commencement of this subsection, the Commissioner requests the applicants, in writing, to provide further information in relation to the application within a period specified in the request (which must be at least 6 months from the making of the request) and the Commissioner determines in writing that the further information is not provided within that period; the traditional land claim is taken to have been finally disposed of. (8) 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) paragraphs 50(2B)(b) and (c) are satisfied but the Commissioner has not made a finding under paragraph 50(2B)(d), (e) or (f) in relation to common land (within the meaning of subsection 50(2B)); and (c) after the commencement of this subsection, either: (i) the Commissioner determines in writing that the Commissioner is satisfied that there are not sufficient grounds for the making of such a finding; or (ii) the Commissioner requests the applicants, in writing, to provide further information in relation to the application within 6 months of the making of the request and the Commissioner determines in writing that the further information is not provided within that period; the traditional land claim, in so far as it relates to the common land, is taken to have been finally disposed of. (9) 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) the Commissioner is prevented, because of the operation of subsection 50(2C), from performing, or continuing to perform, a function under paragraph 50(1)(a) in relation to the application as it relates to land (the held land) in respect of which an estate or interest is held by or on behalf of Aboriginals; and (c) after the commencement of this subsection, either: (i) the Commissioner determines in writing that the Commissioner is satisfied that the consent referred to in subsection 50(2C) has been refused; or (ii) the Commissioner requests the applicants, in writing, to provide the consent referred to in subsection 50(2C) within 6 months of the making of the request and the Commissioner determines in writing that the consent is not provided within that period; the traditional land claim, in so far as it relates to the held land, is taken to have been finally disposed of. (10) The Commissioner must provide a copy of a determination referred to in subsection (7), (8) or (9) to the applicants concerned and to the Chief Minister of the Northern Territory. (11) A determination under subsection (7), (8) or (9) is not a legislative instrument. (12) This subsection applies in relation to an application: (a) that was made under section 50 before the commencement of this subsection by or on behalf of Aboriginals claiming to have a traditional land claim to qualifying land (whether or not recommendations of the kind referred to in subparagraph 50(1)(a)(ii) have been made and whether or not the application covers other land); and (b) that was given the land claim number prescribed by the regulations. The traditional land claim is taken to have been finally disposed of: (c) to the extent that it relates to qualifying land that is described in the regulations; and (d) on the day on which the regulations take effect. (13) To avoid doubt, if regulations are made for the purposes of subsection (12) in relation to a particular application, then later regulations may also be made for the purposes of that subsection in relation to that application. (14) In subsection (12): > qualifying land means one or more of the following: (a) land between the high and low water marks; (b) the whole or a part of either or both banks of one or more rivers or creeks; (c) the whole or a part of the bed of one or more rivers or creeks; (d) one or more islands in one or more rivers or creeks. (17) This subsection applies in relation to the application: (a) that was made under section 50 before the commencement of this subsection by the Northern Land Council on behalf of Aboriginals claiming to have a traditional land claim to unalienated Crown land in the Coomalie Shire/Deepwater Area; and (b) that was given the land claim number 238. The traditional land claim is taken to have been finally disposed of to the extent that it relates to the following land: (c) Section 200 of the Hundred of Playford; (d) Section 201 of the Hundred of Playford; (e) Section 202 of the Hundred of Playford; (f) Section 210 of the Hundred of Howard. > Note: Subsection (12) or (13) may apply to other parts of the traditional land claim.