NTIn ForceAct
Pastoral Land Act 1992
109Recommendation, &c., to Minister in other cases
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109 Recommendation, &c., to Minister in other cases
(1) If, after considering an application referred to it (other than an
application considered under section 108), the Tribunal:
(a) is satisfied that:
(ii) the excision of the area of land the subject of the
application, or another area in substitution for the land or
part of the land, will not unreasonably reduce the
economic viability of the relevant pastoral lease; and
(b) has had regard to:
(i) the length of time during which the applicant has or had,
or those Aboriginal persons for whose benefit the
application was made have, or a particular Aboriginal
person has or had, resided on the area or another part
of the pastoral lease, and the likely benefit to the
applicant or those Aboriginal persons, or any of them, of
the granting of an estate in fee simple in the area as a
community living area, and the acceptability to the
applicant of another area in substitution for the area
applied for; and
(ii) the reasonableness of the size of the area applied for,
taking into account the number of people who reside or
intend to reside on the community living area, and any
estimates of population growth or decrease; and
(iii) the likely effect of the use of the proposed community
living area on the privacy of others residing on the
pastoral lease or neighbouring areas; and
(iv) the provisions, if any, that should be made for
reasonable access to the area, or across the area to
parts of the pastoral lease from which, if it is
recommended, the area should be excised; and
(v) the need for and probable cost of providing services,
including the provision of water and electricity, and
reasonable access to the area, and the availability of or
the potential to locate potable ground water; and
(vi) the number and size of areas already granted or sought
under this Act or any other law in force in the Territory
for the applicant or those Aboriginal persons for whose
benefit the application was made or any of them or on
which they reside, or which are available for occupation
by them; and
Pastoral Land Act 1992 94
(vii) the number and size of areas of land claimed under a
law in force in the Territory or of a State or other
Territory of the Commonwealth as Aboriginal land (by
whatever name called) on which the applicant or those
Aboriginal persons for whose benefit the application was
made, or any of them, would be entitled to reside if the
claim were successful, and the stage of proceedings
reached in relation to such claims, but where the grant
of land under that law is to be made on the
recommendation of a person or body, the Tribunal shall
only have regard to the land actually granted or in
respect of which such a recommendation for grant has
been made; and
(viii) the degree to which the economic viability of the
pastoral lease would be affected by the excision of the
area; and
(ix) whether the applicant or the Aboriginal persons for
whose benefit the application was made have adequate
housing circumstances or have available to them land
on which housing might be provided; and
(x) any agreement reached between the parties to the
application in relation to the issues between them,
it shall recommend to the Minister that:
(c) there be excised from the pastoral lease the land to which the
application relates or any other land that is part of the pastoral
lease in substitution for that land or part of that land as an
Aboriginal community living area; or
(d) that no such excision be made.
(2) In making its recommendation under subsection (1) the Tribunal
shall comment on the matters to which it has had regard.
(3) At the time of making its recommendation under subsection (1), the
Tribunal shall send a copy of the recommendation and its
comments under subsection (2) to the parties to the application.