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ABORIGINAL LAND RIGHTS ACT 1983 - SECT 37
Aboriginal lands in travelling stock reserves
37 Aboriginal lands in travelling stock reserves
(1) Where a claim by an Aboriginal Land Council is lodged under section 36 in
respect of land which is or is part of a travelling stock reserve within the
meaning of the Local Land Services Act 2013 (not being a travelling stock
reserve in the Western Division within the meaning of the Crown Lands Act
1989 ), the Registrar shall, in addition to complying with section 36(4)(c),
refer a copy of the claim to Local Land Services.
(2) This section has effect
notwithstanding the provisions of the Local Land Services Act 2013 or
Crown Lands Act 1989 .
(3) Subject to subsection (4), the Crown Lands
Minister within the meaning of section 36 may, in respect of the land referred
to in subsection (1), enter into an agreement with the claimant
Aboriginal Land Council so referred to, so as to achieve the following
purposes-- (a) the vesting of the freehold title to that land, subject to any
existing easements, in the claimant Aboriginal Land Council,
(b) the leasing
in perpetuity of that land to Her Majesty at a nominal rent,
(c) the
preparation of a plan of management in respect of that land giving the
claimant Aboriginal Land Council or Aboriginal persons defined rights, or
conferring or imposing on the claimant Aboriginal Land Council or on
Aboriginal persons defined functions, in respect of that land.
(4) The
Minister referred to in subsection (3) shall not enter into an agreement under
that subsection in respect of land unless the Minister is satisfied that
Aboriginal persons have traditional rights to the land or that
Aboriginal persons have had a long association with the land.
(4A) The
Minister referred to in subsection (3) shall not enter into an agreement under
that subsection in respect of land which is or is part of a travelling stock
reserve within the meaning of the Local Land Services Act 2013 without the
approval of the Minister administering that Act.
(5) For the purposes of
giving effect to an agreement referred to in subsection (3)-- (a) the Minister
so referred to may, by notification published in the Gazette, vest the
freehold title to land, subject to any existing easements, in the claimant
Aboriginal Land Council and that notification shall have effect according to
its tenor, and
(b) the Minister so referred to and the claimant
Aboriginal Land Council may execute any necessary instruments.
(6) Subject to
any plan of management prepared as referred to in subsection (3) in respect of
the land, the vesting of the freehold title to any land in an
Aboriginal Land Council, and the holding of the land under perpetual lease by
Her Majesty, under this section shall not affect-- (a) the application of the
provisions of the Local Land Services Act 2013 , or regulations under that
Act, to the land, or
(b) the status of the land for the purposes of any other
law, other than a law relating to the registration of titles.
(7) There shall
be no appeal against, or review of, a decision of the Minister referred to in
subsection (3) not to enter into an agreement under this section.
(8) Duty
under the Duties Act 1997 is not payable in respect of an agreement or other
instrument executed for the purposes of this section.
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