101Application for grant of living area

101 Application for grant of living area (1) Subject to subsections (2) and (3), an applicant, on his or her own behalf or on behalf of the applicant and other Aboriginal persons who, if they themselves had applied, would also be qualified as applicants, may apply to the Minister for the excision from the pastoral lease to which the application relates of an area of land specified in the application and the grant of an estate in fee simple in that land for the benefit of the applicant, or the applicant and those Aboriginal persons, as a community living area. (2) An Aboriginal person is not, or would not be, qualified as an applicant for the purposes of subsection (1) in respect of an area of land all or any part of which is within 2 kilometres of a homestead unless: (a) he or she, at the time of making the application or being included amongst those on whose behalf the application was made, as the case may be, was entitled under section 38(4) to reside within 2 kilometres of the homestead; or (b) not being so entitled but being a person referred to in paragraph (a)(i) of the definition of applicant in section 92 in relation to the pastoral lease, he or she has the written consent of the owner of the pastoral lease to make the application or to be included amongst those on whose behalf it is made. (3) Subject to subsection (4), except as agreed between the parties, an application shall not be considered before the expiration of 6 months after the date the application was made to the Minister or before the expiration of such further period as agreed between the parties. Pastoral Land Act 1992 88 (4) Where, after making an application under subsection (1), an applicant has requested the lessee of a pastoral lease to negotiate for the surrender of an area of land comprised in the pastoral lease as a living area for the applicant or the applicant and other similarly qualified Aboriginal persons and, within 3 months after the request, the lessee has failed to agree to the negotiations taking place, an application under subsection (1) shall be considered by the Minister at any time after the expiration of the period.