46Effect of notice of acquisition

46 Effect of notice of acquisition (1) Subject to this section, upon publication in the Gazette of a notice of acquisition: (a) the land described in the notice vests in the Territory freed and discharged from all interests, trusts, restrictions, dedications, reservations, obligations, encumbrances, contracts, licences, charges and rates of any kind; and Lands Acquisition Act 1978 32 (b) any interest that a person had in the acquired land is divested, modified or affected to the extent necessary to give effect to this subsection. (1A) Where a notice of acquisition describes land that is to be excised from any parcel of land as an Aboriginal community living area as the result of an application under Part 8 of the Pastoral Land Act 1992 or Part IV of the Crown Lands Act 1931 as in force before the commencement of the Pastoral Land Act 1992, an estate in fee simple in the land described in the notice of acquisition is, on publication in the Gazette of the notice and by virtue of this subsection, granted to the association formed or approved pursuant to either of those Parts of those Acts to take the land. (1B) Land granted by subsection (1A): (a) is granted subject to: (i) the provisions of sections 20, 21 and 22 of the Crown Lands Act 1992; and (ii) a mineral title, or any other right or interest, under the Mineral Titles Act 2010 or a reservation of land under Part 6, Division 1 of that Act; and (b) is granted as prescribed property within the meaning of the Associations Act 2003, but is otherwise granted freed and discharged from all other interests, trusts, restrictions, dedications, reservations, obligations, encumbrances, contracts, licences, charges or rates of any kind, and for this purpose any interest that a person had in the granted land is divested or modified to the extent necessary to give effect to this subsection. (2) A mining interest is not acquired under this section unless the notice of acquisition indicates, whether by specific or general reference, that the mining interest has been acquired.