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LAND ACT 1994 - SECT 18A
Grant or lease of unallocated State land in consideration of surrender of native title interest
18A Grant or lease of unallocated State land in consideration of surrender of
native title interest
(1) This section applies if, under an ILUA, all native title in relation to an
area is extinguished by surrender to the State.
(2) The designated person may
grant or lease unallocated State land to a grantee entity.
(3) The
unallocated State land being granted or leased need not be land the subject of
a surrender under the ILUA.
(4) If there are 2 or more surrender areas, the
grant or lease may be made to 2 or more grantee entities jointly.
(5) In this
section—
"Commonwealth Native Title Act" means the Native Title Act 1993 (Cwlth) .
"designated person" , until the commencement of the Land and Other Legislation
Amendment Act 2007 , section 16 , means the Governor in Council.
"grantee entity" means— (a) if there is, under the Commonwealth
Native Title Act , a registered native title body corporate for a
surrender area—the registered native title body corporate for the
surrender area; or
(b) for any other surrender area— (i) a body corporate
whose membership is restricted to persons in the surrender group; or
(ii) a
person as trustee for a trust whose beneficiaries are restricted to persons in
the surrender group.
"ILUA" means an indigenous land use agreement.
"surrender area" means— (a) an area in relation to which native title is
surrendered under the ILUA and in relation to which there is a registered
native title body corporate; or
(b) an area in relation to which native title
is surrendered under the ILUA on behalf of a surrender group.
"surrender group" means the persons identified in the ILUA as persons on whose
behalf native title is surrendered.
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