45Eligible interest in an area of land—Crown land that is not Torrens system land

#### 45 Eligible interest in an area of land—Crown land that is not Torrens system land Scope (1) This section applies to an area of land in a State or Territory if the area of land: (a) is Crown land; and (b) is not Torrens system land. Eligible interest (2) For the purposes of this Act, if the area of land is neither: (a) exclusive possession native title land; nor (b) land rights land; the Crown lands Minister of the State or Territory holds an eligible interest in the area of land. (3) For the purposes of this Act, if: (a) a person (other than the State or Territory) holds a legal estate or interest (the relevant estate or interest) in the whole or a part of the area of land; and (b) any of the following conditions are satisfied: (i) the relevant estate or interest came into existence as a result of a grant by the Crown in any capacity; (ii) the relevant estate or interest was derived from an estate or interest that came into existence as a result of a grant by the Crown in any capacity; (iii) the relevant estate or interest was created by or under a law of the Commonwealth, a State or a Territory; (iv) the relevant estate or interest was derived from an estate or interest that was created by or under a law of the Commonwealth, a State or a Territory; the relevant estate or interest is an eligible interest held by the person in the area of land. (4) For the purposes of this Act, if: (a) under subsection (3), a person holds an eligible interest in the area of land; and (b) another person: (i) is a mortgagee of the eligible interest; or (ii) is a chargee of the eligible interest; the mortgage or charge is an eligible interest held by the other person in the area of land. (5) The regulations may provide that, for the purposes of this Act, a person specified in, or ascertained in accordance with, the regulations holds an eligible interest in the area of land. (5A) The legislative rules may provide that, for the purposes of this Act, a person specified in, or ascertained in accordance with, the legislative rules holds an eligible interest in the area of land. (6) For the purposes of this Act, if: (a) the area of land is land rights land; and (b) any of the following subparagraphs applies to the area of land: (i) a lease is in force over the land, and the grant of the lease took place under a law of the Commonwealth that makes provision for the grant of such things only to, or for the benefit of, Aboriginal peoples or Torres Strait Islanders; (ii) subparagraph (i) does not apply, and the land is held by the Commonwealth; (iii) subparagraph (i) does not apply, and the land is held by a statutory authority of the Commonwealth; then: (c) if subparagraph (b)(i) applies—the Minister who administers the law mentioned in that subparagraph holds an eligible interest in the area of land; or (d) if subparagraph (b)(ii) applies—the Minister who administers the Aboriginal Land Rights (Northern Territory) Act 1976 holds an eligible interest in the area of land; or (e) if subparagraph (b)(iii) applies—the Minister who administers the Act that establishes the statutory authority holds an eligible interest in the area of land. (7) For the purposes of this Act, if: (a) the area of land is land rights land in a State or Territory; and (b) the area of land is not covered by subsection (6); and (c) the area of land is not freehold land rights land; the Crown lands Minister of the State or Territory holds an eligible interest in the area of land.