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ABORIGINAL LAND RIGHTS ACT 1983 - SECT 40
Interpretation
40 Interpretation
(1) In this Division and Division 4A--
"agreement" includes an arrangement.
"deal with land" means-- (a) sell, exchange, lease, mortgage, dispose of, or
otherwise create or pass a legal or equitable interest in, land, or
(b) grant
an easement or covenant over land or release an easement or covenant
benefiting land, or
(c) enter into a biobanking agreement relating to land
under the Threatened Species Conservation Act 1995 or a conservation
agreement under the NPW Act, or
(d) enter into a wilderness protection
agreement relating to land under the Wilderness Act 1987 , or
(e) enter into
a property vegetation plan under the Native Vegetation Act 2003 , or
(f)
subdivide or consolidate land so as to affect, or consent to a plan of
subdivision or consolidation of land that affects, the interests of an
Aboriginal Land Council in that land, or
(g) make a development application
in relation to land, or
(h) any other action (including executing an
instrument) relating to land that is prescribed by the regulations.
Note : In
this Act, a reference to land includes any estate or interest in land, whether
legal or equitable (see section 4(1)).
"dealing approval certificate" --see section 41.
"development application" means-- (a) a development application within the
meaning of the Environmental Planning and Assessment Act 1979 , or
(b) an
application for approval of a project under Part 3A of the
Environmental Planning and Assessment Act 1979 , or
(c) an application for
approval of State significant infrastructure under Part 5.1 of the
Environmental Planning and Assessment Act 1979 .
"General Register of Deeds" means the General Register of Deeds maintained
under the Conveyancing Act 1919 .
"land dealing" means an action in relation to land of a kind referred to in
paragraphs (a)-(h) of the definition of
"deal with land" .
"land dealing approval agreement" means an agreement entered into under a
condition imposed under section 42G(6)(b).
"Register" means the Register maintained under the Real Property Act 1900 .
"registrable instrument" means-- (a) an instrument (other than a caveat or
registration prohibition notice) giving effect to or forming part of a
land dealing (within the meaning of this Division) that is registrable or
capable of being made registrable under the Real Property Act 1900 or in
respect of which a recording is required or permitted (under that or any other
Act or Commonwealth Act) to be made in the Register maintained under that Act,
or
(b) a plan that is required or permitted to be registered under Division 3
of Part 23 of the Conveyancing Act 1919 and that is or gives effect to or
forms part of a land dealing (within the meaning of this Division), or
(c) an
instrument (other than a registration prohibition notice) giving effect to or
forming part of a land dealing (within the meaning of this Division) that is
registrable or in respect of which a recording is required or permitted to be
made in the General Register of Deeds.
"registration approval certificate" --see section 41.
"registration prohibition notice" --see section 42O.
(2) For the purposes of
this Division, land is
"vested" in an Aboriginal Land Council if-- (a) the Council has a legal
interest in the land, or
(a1) the land is the whole or part of land that is,
pursuant to an Aboriginal Land Agreement under section 36AA, to be transferred
to the Council, or
(b) the land is the whole or part of land the subject of a
claim under section 36 and-- (i) the Crown Lands Minister is satisfied that
the land is claimable Crown land under section 36, or
(ii) the Court has
ordered under section 36(7) that the land be transferred to the Council,
and
the land has not been transferred to the Council.
(3) In this Division, an
Aboriginal Land Council is taken to
"make a development application" for land vested in the Council if the Council
consents to such an application by another person.
(4) For the purposes of
this Division, land is of
"cultural and heritage significance to Aboriginal persons" if the land is
significant in terms of the traditions, observances, customs, beliefs or
history of Aboriginal persons.
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