12Land agreements

12 Land agreements (1) The Minister, on behalf of the State, may enter into a land agreement with a traditional owner group entity for any part of the land that is the subject of the recognition and settlement agreement as to any one or more of the matters set out in this section. (2) A land agreement may provide that if land that is the subject of the agreement is unreserved public land, an estate in fee simple in the land is to be granted to the traditional owner group entity in accordance with Division 3. (3) A land agreement may provide that if land that is the subject of the agreement is public land, aboriginal title in the land is to be granted to the traditional owner group entity in accordance with Division 4. (4) A land agreement— (a) must not make provision under subsection (2) unless the consent of the Minister administering Division 6 of Part I of the **Land Act 1958** has first been obtained; and (b) must not make provision under subsection (3) unless the consent of the relevant land Minister has first been obtained. (5) If a land agreement provides for the grant of aboriginal title in land that is the subject of the agreement, the agreement must provide that the grant of aboriginal title is subject to the Minister administering Part 8A of the **Conservation, Forests and Lands Act 1987** entering into a traditional owner land management agreement as to the management of the land that is the subject of the grant with the traditional owner group entity. (6) If a land agreement makes provisions for the management of public land (that is not land that is provided for under subsection (5)), the agreement may provide that the provisions are subject to the Minister administering Part 8A of the **Conservation, Forests and Lands Act 1987** entering into a traditional owner land management agreement with the traditional owner group entity as to the management of the land. (7) If a land agreement provides for the grant of an estate in fee simple under Division 3 in land that is the subject of the agreement the agreement may provide that the grant of the estate in fee simple is subject to— (a) the conditions agreed to in the agreement as conditions to be set out in the grant; and (b) the Secretary (within the meaning of section 69 of the **Conservation, Forests and Lands Act 1987**) entering into a land management co-operative agreement as to the management of the land that is the subject of the grant with the traditional owner group entity. (8) If a land agreement makes provision under subsection (3) and the land is— (a) land under the **Crown Land (Reserves) Act 1978,** the agreement may provide that the land is to be reserved for the purpose specified in the agreement; or (b) land under the **Forests Act 1958**, the agreement may provide that the land is to be set aside and declared for the purpose specified in the agreement. (9) If a land agreement has a provision under— (a) subsection (8)(a), the provision is conditional on the land being reserved for the purpose specified in the agreement under sections 11A and 11B of the **Crown Land (Reserves) Act 1978**; or (b) subsection (8)(b), the provision is conditional on the land being set aside and declared under section 50AA of the **Forests Act 1958** for the purpose specified in the agreement.