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ABORIGINAL LAND RIGHTS ACT 1983 - SECT 36AA
Aboriginal Land Agreements
(1) In this section,
"Aboriginal Land Agreement" means an agreement, in writing, between the
Crown Lands Minister and one or more Aboriginal Land Councils (whether or not
the agreement also includes other parties) that, in addition to any other
matter that may be included in the agreement, makes provision for-- (a) the
exchange, transfer or lease of land to an Aboriginal Land Council, or
(b) an
undertaking by an Aboriginal Land Council not to lodge a claim, or to withdraw
a claim, in relation to specified land.
(2) An Aboriginal Land Council and
the Crown Lands Minister may, at any time by notice in writing, commence
negotiation, in good faith and in a manner agreed between the parties, for an
Aboriginal Land Agreement whether or not a claim has been made under
section 36 by the Council in relation to the land that is the subject of the
proposed agreement.
(3) The Aboriginal Land Council or the
Crown Lands Minister may, with the approval of the other party, invite one or
more other Aboriginal Land Councils, or any other person, to join the
negotiations and enter into the Aboriginal Land Agreement.
(4) An
Aboriginal Land Council, the Crown Lands Minister or any other party may, at
any time before the making of an Aboriginal Land Agreement, withdraw from
negotiation for the agreement by notice in writing to the other party or
parties.
(5) Without limiting the matters that may be included in an
Aboriginal Land Agreement, such an agreement may make provision for or with
respect to the following-- (a) financial or other consideration,
(b)
exchange, transfer or lease of land,
(c) conditions or restrictions on the
use of any land to which the agreement relates,
(d) joint access to and
management of land (including a lease of a type referred to in section 36A),
(e) undertakings by an Aboriginal Land Council or the Crown Lands Minister
with regard to the lease, transfer, management or use of any land,
(f) the
duration of the agreement,
(g) the resolution of disputes arising under the
agreement.
(6) The Crown Lands Minister may enter into an
Aboriginal Land Agreement whether or not a claim has been made under
section 36 in relation to any lands to which the agreement relates.
(7) If a
proposed Aboriginal Land Agreement provides for the transfer or lease of lands
for which a Minister other than the Crown Lands Minister is responsible, the
concurrence of that other Minister is required before the agreement is made.
(8) The provisions of section 36(9)-(13), (15) and (17) apply (with necessary
modifications) to the transfer of lands in accordance with an
Aboriginal Land Agreement in the same way as those provisions apply to the
transfer of lands under that section.
(9) An Aboriginal Land Council or the
Crown Lands Minister may, at any time during the negotiation for an
Aboriginal Land Agreement, notify the other party, in writing, that the
agreement must not make provision with respect to specified lands.
(10) The
Crown Lands Minister is, on the making of an Aboriginal Land Agreement,
authorised to transfer or lease Crown lands the subject of the agreement in
accordance with the agreement.
(11) If an Aboriginal Land Agreement provides
for termination or transfer of an interest in land, other than an interest of
the Crown, the transfer or termination may only be effected with the approval
of the holder of the interest.
(11A) The termination or transfer of an
interest in land does not require the approval of the holder of the interest
under subsection (11) if-- (a) the holder's interest remains in force or is
restored in substantially the same terms, or
(b) the Crown Lands Minister
may, under any other Act or law, terminate or transfer the interest without
the holder's approval.
(12) The Registrar is to keep and maintain a register
in relation to Aboriginal Land Agreements made under this section.
(13) The
register required to be kept under this section is, subject to the
regulations, to include such information and to be in such form as is
determined by the Registrar.
(14) The provisions of the Crown Lands Act 1989
that provide for the transfer of Crown lands do not apply in respect of the
transfer of land carried out in accordance with an Aboriginal Land Agreement.
(15) In this section--
"Crown Lands Minister" has the same meaning as in section 36.
"interest in land" includes-- (a) a legal or equitable interest in the land,
or
(b) an easement, right, charge, power or privilege over, or in connection
with, the land.
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