Commonwealth Consolidated Acts

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Occupation or use of Aboriginal land by mission

             (1)  Where, on the vesting of an estate in fee simple in land in a Land Trust, the land is being occupied or used by a mission with the licence or permission of the Crown, the mission is entitled to continue that occupation or use in accordance with this section.

             (2)  The Land Council for the area in which land referred to in subsection (1) is situated may serve notice on the mission that it wishes to terminate the occupation or use of the land by the mission on a date specified in the notice, being a date not earlier than 12 months after the date on which the notice is served.

             (3)  Where a notice is served on a mission in accordance with subsection (2), the mission ceases, on the date of termination specified in the notice, to be entitled to occupy or use the land.

             (4)  Where:

                     (a)  a mission ceases, by virtue of a notice served on it under subsection (2), to be entitled to occupy or use land; and

                     (b)  there are on the land buildings or other improvements that were erected, wholly or partially, by or at the expense of the mission before the service of that notice;

the Land Council shall pay to the mission an amount equal to:

                     (c)  where the buildings or other improvements referred to in paragraph (b) were erected wholly by or at the expense of the mission--the value, as agreed by the Land Council and the mission, or, in the absence of such agreement, as determined by the Minister, of those buildings or other improvements when the mission ceased to be entitled to occupy or use the land; or

                     (d)  in any other case--such part of the value referred to in paragraph (c) as is attributable to the action of the mission.

             (5)  Nothing in this section prevents the granting by the Land Trust of a lease of land referred to in subsection (1) to a mission and, if such a lease is granted, the land ceases to be land to which this section applies.

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