76Resumption and reservation of Crown land

76 Resumption and reservation of Crown land (1) Subject to this Act the Administrator may, at any time, by proclamation: (a) resume any Crown lands the subject of a lease except a lease under the Mineral Titles Act 2010 or the Pastoral Land Act 1992: (i) for the use and benefit of the Aboriginal inhabitants of the Territory; (ii) for forestry and re-afforestation; (iii) for stock routes and travelling stock; (iv) for the recreation or amusement of the public; (v) for railways, roads or drainage; (vi) for water conservation purposes; (vii) for the protection or conservation of wildlife; (viii) for fisheries or fishing; (ix) for the conservation of native flora; (x) for national or public parks or gardens; Crown Lands Act 1992 33 (xi) for purposes relating to a local government area; (xii) for the preservation or protection of places of historic interest; (xiii) for cultivation purposes; or (xiv) for such other purposes in relation to the Territory as the Minister thinks fit; (b) reserve for the purpose for which they are resumed the whole or a part of the lands so resumed; (c) reserve for a purpose mentioned in paragraph (a) unalienated Crown lands; or (d) revoke wholly or in part a reservation of land whether made before or after the commencement of this Act and whether made in pursuance of this Act or any other law of the Territory in force at any time prior to the commencement of this Act. (2) The power to resume land under subsection (1) includes a power to resume part of the land the subject of a lease. (3) Land shall not be resumed for cultivation purposes if it is the subject of a lease for agricultural purposes. (4) The purpose specified in subsection (1)(a)(i) for which land may be reserved under this section includes (but without limiting the generality of the expression of that purpose in that subparagraph): (a) the use by Aborigines of the natural waters and springs on unleased land within the reserved land; (b) subject to any other law of the Territory, the taking or killing for food by Aborigines of fish, birds and animals ferae naturae on such unleased land or in those waters or springs; and (c) the taking by Aborigines for food of vegetable matter growing naturally on such unleased land or in those waters or springs. (5) Where land has been reserved for a purpose specified in subsection (1)(a)(i), (iv), (vii), (ix), (x) or (xii), the reservation of the land or any part of it shall not be revoked unless the Minister has, in accordance with this section, made to the Administrator a recommendation in writing that it be revoked. (6) The Minister shall not make a recommendation referred to in subsection (5) unless the Legislative Assembly has, in accordance with this section, approved that the Minister do so. Crown Lands Act 1992 34 (7) The Minister shall lay a copy of the proposed recommendation before the Legislative Assembly. (8) If: (a) within 6 sitting days of the Legislative Assembly after the Minister has laid such a copy before it, no notice of motion that the Legislative Assembly disapprove the recommendation has been given; or (b) a notice of motion that the Legislative Assembly disapprove the recommendation has been given within that time, and the motion has been moved and defeated by the Legislative Assembly, the Legislative Assembly shall be deemed to have approved in accordance with this section that the Minister make the recommendation to the Administrator but in any other case it shall be deemed not to have done so.