67BCertain estates or interests may be granted while land subject to traditional land claim

#### 67B Certain estates or interests may be granted while land subject to traditional land claim Conditions for grants of estates or interests (1) Subsections 67A(1) and (2) do not apply to a grant of an estate or interest (other than a grant of an estate in fee simple or a lease in perpetuity) in the area of land concerned, or in a part of the area of land concerned, if: (a) the Land Council for the area in which that land, or that part of that land, is situated enters into an agreement under subsection (2) of this section in relation to that grant; and (b) for a grant the term of which exceeds 40 years—the Minister, by written notice, gives his or her consent to the grant. > Note: Grants of estates or interests in land in respect of which a traditional land claim has been made may be subject to the provisions of the Native Title Act 1993. Written agreements (2) A Land Council may enter into a written agreement with a person in relation to a grant of an estate or interest in an area of land, or in a part of an area of land, specifying the terms and conditions on which the proposed grant is to be made. (3) A Land Council must 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; 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 Council; and (c) the terms and conditions on which the proposed grant is to be made are reasonable. (4) An agreement entered into by a Land Council under subsection (2) is binding on any successors to the Council. (5) If a Land Council fails to comply with subsection (3) in entering into an agreement under subsection (2), that failure does not invalidate the Council’s entry into that agreement. Payments (6) If a Land Council receives a payment under an agreement entered into under subsection (2), the Council must, within 6 months after receiving the payment: (a) apply the payment in accordance with the agreement; or (b) if the agreement makes no provision in relation to the application of the payment—apply the payment to or for the benefit of the traditional Aboriginal owners of the area of land, or the part of the area of land, referred to in subsection (2). (7) If: (a) a Land Council receives a payment as mentioned in subsection (6); and (b) the payment is made by the Commonwealth, the Northern Territory or an Authority; and (c) the payment is of a kind prescribed by the regulations for the purposes of this subsection; and (d) under subsection (6), the Land Council pays an amount equal to that payment to a person; the Land Council must, at the time it pays that amount, advise the person in writing that the amount is an accountable amount. > Note: Sections 35B and 35C impose requirements on a body corporate in relation to accountable amounts. Commissioner to continue to assess land claim application (8) To avoid doubt, if a grant of an estate or interest in land is made after the relevant requirements of subsection (1) have been satisfied, the Commissioner must continue to perform the function mentioned in paragraph 50(1)(a) in relation to that land. Estates or interests preserved (9) If the Governor‑General executes a deed of grant of an estate in fee simple in the area (the claim area) of land concerned, or in an area of land that includes the claim area, under section 12, any estate or interest granted in the claim area after the relevant requirements of subsection (1) of this section have been satisfied is preserved as an estate or interest in the claim area after the deed is executed. Consent of Minister not a legislative instrument (10) A notice under paragraph (1)(b) is not a legislative instrument.