Commonwealth Consolidated Acts

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Traditional rights to use or occupation of Aboriginal land

             (1)  Subject to this section, an Aboriginal or a group of Aboriginals is entitled to enter upon Aboriginal land and use or occupy that land to the extent that that entry, occupation or use is in accordance with Aboriginal tradition governing the rights of that Aboriginal or group of Aboriginals with respect to that land, whether or not those rights are qualified as to place, time, circumstances, purpose, permission or any other factor.

             (2)  Subsection (1) does not authorize an entry, use or occupation that would interfere with the use or enjoyment of an estate or interest in the land held by a person not being a Land Trust or an incorporated association of Aboriginals.

             (3)  A reference in this section to an estate or interest in Aboriginal land includes a reference to:

                     (a)  a licence granted under section 19; and

                     (b)  a licence granted by the lessee of a lease granted under section 19A; and

                     (c)  a licence granted by a sublessee of a sublease of a lease referred to in paragraph (b); and

                     (d)  a licence of a kind prescribed by the regulations for the purposes of this paragraph.

             (4)  Subsection (3) does not limit section 66.

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