20Transfer of rights to the State

20 Transfer of rights to the State (1) The grant of an estate in fee simple under section 19 must not be made unless the traditional owner group entity has entered into a contract for the transfer to the State of a right (to which this section applies) to occupy, use, control and manage the land, being a right that is subject to the limitation that— (a) the State is not able to sell, transfer, dispose of, encumber or otherwise deal with any legal or equitable interest in the land; and S. 20(1)(b) substituted by No. 67/2016 s. 8(1). (b) the State is not able to lease or licence any legal or equitable estate or interest in the land, unless the State does so consistently with the Act under which (under subsection (2)(a)) the land is taken to be occupied, used, controlled and managed. (2) On the transfer of a right to occupy, use, control and manage land under a contract under subsection (1)— S. 20(2)(a) amended by No. 67/2016 s. 8(2)(a). (a) the land is taken to be land under the Act under which the land was occupied, used, controlled and managed immediately before the grant of the estate in fee simple; and S. 20(2)(b) substituted by No. 67/2016 s. 8(2)(b). (b) the land is taken to be occupied, used, controlled and managed for the same purpose (whether or not specified in an Act or legislative or other instrument) as that which applied to the land immediately before the transfer of the right; and (c) in relation to the land, any reference in any other Act or legislative or other instrument— (i) to "Crown land" generally or words of similar import; or S. 20(2)(c)(ii) amended by No. 67/2016 s. 8(2)(c). (ii) to land under the Act under which the land is taken to be occupied, used, controlled and managed— however described, is taken to include the land. (3) For the avoidance of doubt, a contract under this section may be entered into by the traditional owner group entity even though the grant of the estate in fee simple under section 19 has not been made. S. 20(4) inserted by No. 4/2013 s. 9. (4) For the avoidance of doubt, nothing in subsection (1) prevents the Secretary entering into a Carbon Sequestration Agreement under section 45 of the **Climate Change Act 2010** in relation to land that is subject to the grant of an estate in fee simple under section 19. S. 21 repealed by No. 67/2016 s. 9. S. 22 substituted by No. 67/2016 s. 10.