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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 19

Dealings etc. with interests in land by Land Trusts

             (1)  Except as provided by this section or section 19A or 20, a Land Trust must not deal with or dispose of, or agree to deal with or dispose of:

                     (a)  any estate or interest in land vested in it; or

                     (b)  the land described under the heading "JABIRU" in Part 4 of Schedule 1.

          (1A)  Subsection (1) does not prevent a dealing with, or disposal of, an estate or interest in land, being land to which the condition referred to in subsection 12(2B) or (2C) relates, in accordance with an agreement entered into in compliance with that condition.

             (2)  With the consent, in writing, of the Minister, and at the direction, in writing, of the relevant Land Council, a Land Trust may, subject to subsection (7), grant an estate or interest in land vested in it to an Aboriginal or an Aboriginal and Torres Strait Islander corporation:

                     (a)  for use for residential purposes by:

                              (i)  the Aboriginal and his or her family; or

                             (ii)  an employee of the Aboriginal or the corporation, as the case may be;

                     (b)  for use in the conduct of a business by the Aboriginal or the corporation, not being a business in which a person who is not an Aboriginal has an interest that entitles him or her to a share in, or to a payment that varies in accordance with, the profits of the business; or

                     (c)  for any community purpose of the Aboriginal community or group for whose benefit the Land Trust holds the land.

             (3)  With the consent, in writing, of the Minister, and at the direction, in writing, of the relevant Land Council, a Land Trust may, subject to subsection (7), grant an estate or interest in land vested in it to the Commonwealth, the Northern Territory or an Authority for any public purpose or to a mission for any mission purpose.

          (3A)  If a Land Trust is considering granting a lease under subsection (3), the relevant Land Council may, by notice in writing given to the Minister, request that, if the Land Trust and the Commonwealth intend to enter into the lease, the Executive Director:

                     (a)  enter into the lease on behalf of the Commonwealth; and

                     (b)  administer the lease.

          (3B)  If the Minister receives a request under subsection (3A), the Minister must, by notice in writing given to the relevant Land Council, agree or refuse to agree to the request.

          (3C)  A notice given under subsection (3A) or (3B) is not a legislative instrument.

          (3D)  A lease under this section granted by the Kakadu Aboriginal Land Trust to the Director may be varied to cover the land described in paragraphs (a) and (c) under the heading "JABIRU" in Part 4 of Schedule 1, despite a deed of grant of an estate in fee simple in that land to that Land Trust not having been delivered to that Land Trust. The variation must be expressed to take effect on the date that such a deed of grant is delivered to that Land Trust.

          (3E)  A lease under this section granted by the Kakadu Aboriginal Land Trust to the Director may be varied to cover the category A Jabiru land, despite a deed of grant of an estate in fee simple in the Jabiru town land to that Land Trust not having been delivered to that Land Trust. The variation must be expressed to take effect on the date that such a deed of grant is delivered to that Land Trust.

           (3F)  With the consent, in writing, of the Minister, and at the direction, in writing, of the relevant Land Council, the Kakadu Aboriginal Land Trust may grant to the Aboriginal and Torres Strait Islander corporation, nominated in writing by the relevant Land Council, a lease of the category B Jabiru land.

          (3G)  The Kakadu Aboriginal Land Trust may grant a lease mentioned in subsection (3F) despite a deed of grant of an estate in fee simple in the Jabiru town land to that Land Trust not having been delivered to that Land Trust. The lease must be expressed to take effect on the date that such a deed of grant is delivered to that Land Trust.

          (3H)  With the consent, in writing, of the Minister, and at the direction, in writing, of the relevant Land Council, the Kakadu Aboriginal Land Trust may grant to the Northern Territory a lease of the category C Jabiru land.

           (3J)  The Kakadu Aboriginal Land Trust may grant a lease mentioned in subsection (3H) despite a deed of grant of an estate in fee simple in the Jabiru town land to that Land Trust not having been delivered to that Land Trust. The lease must be expressed to take effect on the date that such a deed of grant is delivered to that Land Trust.

          (3K)  The Minister must not give a consent under subsection (3F) or (3H) in relation to the grant of a lease mentioned in that subsection unless:

                     (a)  the term of the lease is 99 years; and

                     (b)  the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 is satisfied that the terms and conditions of the lease are consistent with the protection of the world heritage values, and other natural and cultural values, of Kakadu National Park (within the meaning of that Act).

          (3L)  If a lease under this section is varied as mentioned in subsection (3E) or a lease (the new lease ) mentioned in subsection (3F) or (3H) is granted under this section:

                     (a)  any right, title or interest, or any thing, that was registered under the Land Title Act 2000 (NT) in relation to the applicable land immediately before the time the variation or new lease, as the case may be, takes effect, other than:

                              (i)  the estate in fee simple in the applicable land held by the Director; and

                             (ii)  any right, title or interest, or any thing, held by the Jabiru Town Development Authority in relation to the applicable land;

                            has full force and effect in accordance with its terms at and after that time; and

                     (b)  any right, title or interest in relation to the applicable land that was granted:

                              (i)  under any right, title or interest, or any thing, covered by paragraph (a); or

                             (ii)  under any right, title or interest, or any thing, held by the Jabiru Town Development Authority in relation to the applicable land;

                            and that existed immediately before the time the variation or new lease, as the case may be, takes effect, has full force and effect in accordance with its terms at and after that time; and

                     (c)  any right, title or interest:

                              (i)  in relation to a facility (within the meaning of the Telecommunications Act 1997 ) that is on, over or under the applicable land and is owned or operated by a carrier (within the meaning of that Act); and

                             (ii)  that existed immediately before the time the variation or new lease, as the case may be, takes effect;

                            has full force and effect in accordance with its terms at and after that time; and

                     (d)  any right, title or interest in relation to the trust assets (see subsection (3N)) that existed immediately before the time the variation or new lease, as the case may be, takes effect, has full force and effect in accordance with its terms at and after that time; and

                     (e)  any right, title or interest, or any thing, in relation to the applicable land, specified in a legislative instrument made by the Minister under this paragraph, has full force and effect in accordance with its terms at and after the time the variation or new lease, as the case may be, takes effect.

         (3M)  For the purposes of subsection (3L), the applicable land is:

                     (a)  for a lease under this section varied as mentioned in subsection (3E)--the category A Jabiru land; and

                     (b)  for a lease mentioned in subsection (3F)--the category B Jabiru land; and

                     (c)  for a lease mentioned in subsection (3H)--the category C Jabiru land.

          (3N)  For the purposes of paragraph (3L)(d), trust assets means Trust Assets within the meaning of subclause 1(1) of the Agreement between the Jabiru Town Development Authority and Energy Resources of Australia Ltd made on 23 August 1985.

           (3P)  Paragraphs (3L)(a) to (d) do not limit paragraph (3L)(e).

          (3Q)  Any right, title or interest, or any thing, to which subsection (3L) applies has full force and effect in accordance with its terms, at and after the time the variation or new lease, as the case may be, takes effect, even if the right, title, interest or thing did not have full force and effect according to its terms immediately before that time.

          (3R)  If subsection (3L) applies in relation to a right, title, interest or thing granted by the Jabiru Town Development Authority, then, at and after the time the variation or new lease, as the case may be, takes effect, the right, title, interest or thing has full force and effect in accordance with its terms as if it were granted by:

                     (a)  for a lease under this section varied as mentioned in subsection (3E)--the Director; or

                     (b)  for a lease mentioned in subsection (3F)--the Aboriginal and Torres Strait Islander corporation referred to in that subsection; or

                     (c)  for a lease mentioned in subsection (3H)--the Northern Territory.

           (3S)  If:

                     (a)  subsection (3L) applies in relation to a right, title, interest or thing; and

                     (b)  immediately before the time the variation or new lease, as the case may be, takes effect, that right, title, interest or thing is, in accordance with its terms, contingent on the existence of the lease of the Jabiru town land by the Director to the Jabiru Town Development Authority;

then, for the purposes of subsections (3L) to (3R), at the time the variation or new lease, as the case may be, takes effect, those terms are taken to have been modified so that the right, title, interest or thing is contingent on the existence of the varied lease, or of the new lease, as the case may be.

          (3T)  Before making a legislative instrument under paragraph (3L)(e), the Minister must consult the relevant Land Council. The Minister may also consult such other persons or bodies as the Minister thinks appropriate.

          (3U)  If the Minister makes a legislative instrument under paragraph (3L)(e), the Minister must give a copy of the instrument to the relevant Land Council.

             (4)  With the consent, in writing, of the Minister and at the direction, in writing, of the relevant Land Council, a Land Trust may:

                     (b)  transfer to another Land Trust, or surrender to the Crown, the whole of its estate or interest in the whole, or any part of, the land vested in it.

Note:          See also section 20A (which deals with the application of the law of the Northern Territory relating to the transfer of land).

       (4AA)  Any right, title or other interest in land transferred under subsection (4) that existed immediately before the transfer is preserved as a right, title or interest in that land after the transfer.

       (4AB)  Any agreement in respect of land transferred under subsection (4) that was entered into by the transferor Land Trust and that is in force immediately before the transfer is taken to have the same force and effect, after the transfer, as the agreement would have had if it had been entered into by the transferee Land Trust.

          (4A)  With the consent, in writing, of the Minister, and at the direction, in writing, of the relevant Land Council, a Land Trust may, subject to subsection (7), grant an estate or interest in the whole, or any part, of the land vested in it to any person for any purpose.

             (5)  A Land Council shall not give a direction under this section for the grant, transfer or surrender of an estate or interest in land unless the Land Council is satisfied that:

                     (a)  the traditional Aboriginal owners (if any) of that land understand the nature and purpose of the proposed grant, transfer or surrender and, as a group, consent to it;

                     (b)  any Aboriginal community or group that may be affected by the proposed grant, transfer or surrender has been consulted and has had adequate opportunity to express its view to the Land Council; and

                     (c)  in the case of a grant of an estate or interest--the terms and conditions on which the grant is to be made are reasonable.

             (6)  Where a Land Council, in giving a direction for a proposed grant, transfer or surrender of an estate or interest in land, fails to comply with subsection (5), that failure does not invalidate that grant, transfer or surrender unless the person to whom the grant, transfer or surrender was made procured the direction of the Land Council by fraud.

             (7)  The consent of the Minister is not required for the grant under subsection (2), (3) or (4A) of an estate or interest the term of which does not exceed 40 years.

             (8)  The grantee of an estate or interest under this section is not empowered to transfer his or her interest as such grantee to another person, or to grant to another person an interest dependent upon his or her interest as such grantee, except with the consent, in writing, of the relevant Land Council and, if the consent of the Minister was required to the grant of that estate or interest to the grantee, the consent, in writing, of the Minister.

          (8A)  A Land Council may give a consent under subsection (8) at the time it gives a direction under subsection (2), (3), (3F), (3H) or (4A) or at any later time.

          (8B)  The Minister may give a consent under subsection (8) at the time he or she gives a consent under subsection (2), (3), (3F), (3H) or (4A) or at any later time.

          (8C)  A consent of the Minister or a Land Council under subsection (8) relating to a transfer or grant may:

                     (a)  be general; or

                     (b)  be expressed to be limited to a specified person or a person included in a specified class.

             (9)  Where a grant of an estate or interest is invalidated, by virtue of subsection (6), on account of fraud, that invalidity does not affect the rights of a person who has, for value and without notice of the fraud, accepted the transfer of that estate or interest or been granted an interest dependent upon that estate or interest.

          (9A)  When the Minister is satisfied that a Land Council has refused, or is unwilling, to give a direction under subsection 11A(5) to a Land Trust to grant an estate or interest in land in accordance with an agreement entered into by the Land Council under subsection 11A(2), the Minister shall, in the name of, and on behalf of, that Land Council, give the Land Trust that direction.

          (9B)  Where the Minister is satisfied that a Land Trust has refused, or is unwilling, to comply with a direction given under subsection 11A(5), or subsection (9A) of this section, to grant an estate or interest in particular land on particular terms and conditions, the Minister shall, in the name of, and on behalf of, that Land Trust, grant that estate or interest in relation to that land on those terms and conditions.

           (10)  In this section, relevant Land Council , in relation to land, means the Land Council for the area in which the land is situated.

           (11)  A reference in this section to an estate or interest in land includes:

                     (a)  a reference to a licence granted in respect of that land including, but without limiting the generality of the foregoing, a licence granted under a law of the Northern Territory relating to the mining or development of extractive mineral deposits; or

                     (b)  a reference to a lease or other interest in that land, or a right granted in respect of that land, under such a law.

           (12)  The preceding provisions of this section do not authorise the grant by a Land Trust of the fee simple in land vested in it except in the circumstances referred to in paragraph (4)(b).

           (13)  If a Land Trust grants an estate or interest in Aboriginal land under this section, then, at the direction, in writing, of the relevant Land Council, the Land Trust may, in writing, authorise a specified person, or any person included in a specified class of persons, to enter or remain on the land for a specified purpose that is related to that estate or interest.

Note:          Section 70 will not apply to a person who enters or remains on the land in accordance with such an authorisation: see subsection 70(2B).

           (14)  A direction or an authorisation under subsection (13) is not a legislative instrument.



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