9Governor in Council to make Crown grants of reserves to Trusts

9 Governor in Council to make Crown grants of reserves to Trusts

(1) Notwithstanding anything to the contrary in the Land Act 1958 but subject to this Act, the Governor in Council shall as soon as may be after the appointed day issue a Crown grant of the lands constituting the Framlingham reserve to the Framlingham Aboriginal Trust, and a Crown grant of the lands constituting the Lake Tyers reserve to the Lake Tyers Aboriginal Trust.

(2) Any such grant may adjust the boundaries of a reserve as shown in the First or Second Schedule in any respect in order to overcome any defect found on survey.

(3) Any such grant may be made subject to such covenants conditions reservations exceptions and restrictions as the Governor in Council thinks fit.

(4) Without affecting the generality of subsection (3), there may be excepted from any grant made under this section—

(a) in the case of the Framlingham reserve—any portion of the reserve which at the time of the grant lies within a distance of not more than two hundred links from the Hopkins River; and

(b) in the case of the Lake Tyers reserve—any portion of the reserve which at the time of the grant lies within a distance of not more than two hundred links from the high water mark of Lake Tyers.

(5) Notwithstanding anything to the contrary in any Act but subject to this Act—

(a) the Framlingham Aboriginal Trust shall be entitled to be granted by the Governor in Council without fee a perpetual licence to occupy and use so much of the Framlingham reserve as is excepted pursuant to subsection (4) from any grant made in respect of the reserve; and

(b) the Lake Tyers Aboriginal Trust shall be entitled to be granted by the Governor in Council without fee a perpetual licence to occupy and use so much of the Lake Tyers reserve as is excepted pursuant to subsection (4) from any grant made in respect of the reserve.

S. 9(6) amended by No. 33/2013 s. 5.

(6) A licence granted to a Trust under subsection (5) may be revoked by the Governor in Council if the Governor in Council thinks fit, but only in accordance with the following provisions—

(a) the licence may be revoked as to the whole or any part of the land comprised therein at the request of the Trust;

(b) the licence may be revoked as to the whole or any part of the land comprised therein if at any time the Trust holds an estate in fee simple in less than—

(i) in the case of the Framlingham reserve—two hundred acres; or

(ii) in the case of the Lake Tyers reserve—on thousand five hundred acres—

of the land granted to the Trust under this section; and

(c) the licence may be revoked as to any part of the land comprised therein if the Trust ceases to hold an estate in fee simple in the land abutting upon that part.