109Recommendation, &c., to Minister in other cases

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.