(1) Subject to subsection (2), no grant of an estate or interest in land the subject of a deed of grant held in escrow by a Land Council shall be made by the Crown to any person.
(2) Subsection (1) does not prevent the grant by the Crown of an estate or interest in land referred to in that subsection in any of the following circumstances:
(a) where the grant is made in consequence of the exercise by a person of a right, under a law of the Northern Territory, to require the grant to be made;
(i) the grant is made in consequence of an application by a person having a right, under a law of the Northern Territory, to make that application for a renewal of the person's estate or interest in the land for a further period or a conversion of the person's estate or interest in the land into another estate or interest;
(ii) a copy of the application is served on the Land Council for the area in which the land is situated; and
(iii) an arbitrator appointed by the Minister is satisfied, after hearing both the views of the applicant and the views of the Land Council on the matter, that the hardship that would be occasioned to the applicant by a refusal of his or her application would be greater than the hardship that would be occasioned to the Aboriginal communities or groups interested in the land by an approval of the application;
(c) where the Land Council for the area in which the land is situated consents to the grant.
(3) A reference in paragraph (2)(a) or in subparagraph (2)(b)(i) to a right of a person shall be read as a reference to a right that was vested in the person immediately before the land became Aboriginal land.