NTIn ForceAct
Water Act 1992
4BMeaning of eligible land
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4B Meaning of eligible land
(1) Eligible land means the following:
(a) Aboriginal land as defined in section 3(1) of the Aboriginal
Land Rights (Northern Territory) Act 1976 (Cth);
Water Act 1992 9
(b) land in relation to which, under the Native Title Act 1993 (Cth),
a determination of native title was made that native title rights
and interests to possess, occupy, use and enjoy land and
waters to the exclusion of all others exist on the land and
those rights and interests were not subsequently extinguished;
(c) freehold land, land held under a lease in perpetuity or land
held under a lease for a term that expires on or after the expiry
of the water allocation plan:
(i) if the title holder of the land or lease is one of the
(A) an incorporated association under the Associations
Act 2004;
(B) an Aboriginal and Torres Strait Islander
Corporation established under the Corporations
(Aboriginal and Torres Strait Islander) Act 2006
(Cth);
(C) a trust established under a law of the Territory; and
(ii) to which at least one of the following applies:
(A) the land or lease is granted under a law of the
Territory as part of the settlement of a land claim
under the Aboriginal Land Rights (Northern
Territory) Act 1976 (Cth);
(B) the title to the land or lease is expressly held by or
for the benefit of Aboriginal people and a law of the
Territory or a law of the Commonwealth imposes a
restriction on the use, occupation or any dealing
with the land for the purpose of ensuring the title to
the land or lease is held by or for the benefit of
Aboriginal people.
lease does not include a sublease.