(1) This section applies if:
(a) a road over which the public had a right of way existed on land that is contiguous to Aboriginal land; and
(b) the Minister would have made a recommendation about the land under section 10 or subsection 11(1), (1AB), (1AD) or (1AE) but for that public right of way; and
(c) that public right of way ceases to exist.
(2) On application by the Land Council for the area in which the land is situated, the Minister may recommend that the Governor-General grant an estate in fee simple for the whole or a part of that land to a Land Trust that holds contiguous Aboriginal land.