27Land vested in Council

### 27 Land vested in Council > > (1)  The land referred to in [Schedule 3](#JS3@EN) is vested in the Council in trust for Aboriginal persons in perpetuity. > > > (1A)  [*\[Section 27 Subsection (1A) inserted by No. 25 of 2005, s. 14, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS14@Hpa@EN) The land declared under [section 35A](#GS35A@EN) is held by the Council – > > > > > > (a) in trust for Aboriginal persons in perpetuity; and > > > > > > > (b) subject to the provisions of this Act. > > > (2)  [*\[Section 27 Subsection (2) amended by No. 25 of 2005, s. 14, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS14@Hpb@EN) [*\[Section 27 Subsection (2) amended by No. 17 of 1996, Applied:10 Apr 2002\]*](/view/html/inforce/2002-04-10/act-1996-017#AT@EN) The land referred to in [subsection (1)](#GS27@Gs1@EN) is vested to a depth of 50 metres and includes minerals other than oil, atomic substances, and geothermal substances, within the meaning of the [Mineral Resources Development Act 1995](/view/html/inforce/2026-04-12/act-1995-116) and helium. > > > (2A)  [*\[Section 27 Subsection (2A) inserted by No. 25 of 2005, s. 14, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS14@Hpc@EN) The land referred to in [subsection (1A)](#GS27@Gs1A@EN) includes the right to minerals, other than oil, atomic substances and geothermal substances, within the meaning of the [Mineral Resources Development Act 1995](/view/html/inforce/2026-04-12/act-1995-116) , and to helium, to a depth of 50 metres. > > > (3)  [*\[Section 27 Subsection (3) amended by No. 25 of 2005, s. 14, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS14@Hpd@EN) The land referred to in [subsection (1)](#GS27@Gs1@EN) vests subject to– > > > > > > (a) any estate existing in it immediately before the commencement of this Act; and > > > > > > > (b) the provisions of this Act. > > > (4)  There is reserved to the Crown the right at all times – > > > > > > (a) [*\[Section 27 Subsection (4) amended by No. 25 of 2005, s. 14, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS14@Hpe@EN) of making and constructing in land referred to in [subsection (1)](#GS27@Gs1@EN) such drains, sewers and waterways for sanitary or other purposes as may be considered expedient; and > > > > > > > (b) of altering, amending, cleansing or repairing those drains, sewers and waterways. > > > (5)  There is reserved to the public during daylight hours over the land referred to in item 11 of [Schedule 3](#JS3@EN) a right of access as specified in Plan 3466 in the Central Plan Register except when a significant Aboriginal cultural event is being held on that land. > > > (6)  There is included with the areas of land referred to in items 5, 6 and 7 of [Schedule 3](#JS3@EN) a right of access on foot over any Crown land between each of those areas and the nearest point of public access. > > > (7)  There is reserved to the public at all times a right of access over the land referred to in items 1 and 2 of [Schedule 3](#JS3@EN) as specified in Plans 3468 and 3467 in the Central Plan Register. > > > (7A)  [*\[Section 27 Subsection (7A) inserted by No. 8 of 1999, s. 4, Applied:16 Apr 1999\]*](/view/html/inforce/1999-04-16/act-1999-008#GS4@EN) There is to be reserved to the public at all times over the land referred to in item 13 of [Schedule 3](#JS3@EN) a right of access as specified in Plan 4807 in the Central Plan Register. > > > (7B)  [*\[Section 27 Subsection (7B) inserted by No. 8 of 1999, s. 4, Applied:16 Apr 1999\]*](/view/html/inforce/1999-04-16/act-1999-008#GS4@EN) There is to be reserved to the public during daylight hours access over the land shown as lot 3 in Plan 4807 in the Central Plan Register. > > > (8)  [*\[Section 27 Subsection (8) substituted by No. 1 of 2005, s. 5, Applied:12 Apr 2005\]*](/view/html/inforce/2005-04-12/act-2005-001#GS5@EN) There is reserved to the public at all times, in relation to the land referred to in items 3, 4, 8, 9, 10, 12 and 15 of [Schedule 3](#JS3@EN) , a right of pedestrian access over the area of land 15 metres wide immediately above the high-water mark. > > > (8A)  [*\[Section 27 Subsection (8A) inserted by No. 1 of 2005, s. 5, Applied:12 Apr 2005\]*](/view/html/inforce/2005-04-12/act-2005-001#GS5@EN) There is reserved to the public at all times, in relation to the land referred to in item 2 of [Schedule 3](#JS3@EN) , a right of pedestrian access over the area of land 15 metres wide immediately above the high-water mark except that area of land between points A and D shown as being on the high-water mark in Plan 3467 in the Central Plan Register. > > > (8B)  [*\[Section 27 Subsection (8B) inserted by No. 1 of 2005, s. 5, Applied:12 Apr 2005\]*](/view/html/inforce/2005-04-12/act-2005-001#GS5@EN) In relation to the land referred to in item 14 of [Schedule 3](#JS3@EN) there is reserved to the public at all times – > > > > > > (a) a right of access over all roads and vehicular tracks shown on Plan 6457 in the Central Plan Register; and > > > > > > > (b) a right of access over all reserved roads in existence at the commencement of the [Aboriginal Lands Amendment Act 2004](/view/html/inforce/2026-04-12/act-9999-999) ; and > > > > > > > (c) a right of pedestrian access over the area of land 15 metres wide immediately above the high-water mark except those areas of land shown as hatched on Plan 6457 in the Central Plan Register; and > > > > > > > (d) a right of pedestrian access over those areas of land shown as hatched on Plan 6457 in the Central Plan Register. > > > (9)  There is reserved to the Crown a right to construct and fence a road over the land referred to in item 11 of [Schedule 3](#JS3@EN) as specified in [Plan 3466 in the Central Plan Register](/view/html/inforce/2026-04-12/act-1980-019#GS33@EN) and to carry out any preliminary investigation relating to the construction of a road on that land. > > > (10)  If the Crown exercises the right to construct and fence a road over the land referred to in [subsection (9)](#GS27@Gs9@EN) – > > > > > > (a) no compensation is payable to the Council; and > > > > > > > (b) the road, as constructed and fenced, becomes a highway, within the meaning of the [Highways Act 1951](/view/html/inforce/2026-04-12/act-1951-083) , and a road, within the meaning of the [Roads and Jetties Act 1935](/view/html/inforce/2026-04-12/act-1935-082) , and forms part of the East Derwent Highway.