Commonwealth: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)

Aboriginal Land Rights (Northern Territory) Act 1976 No. 191, 1976 Compilation No. 48 Compilation date: 30 November 2024 Includes amendments: Act No. 95, 2024 About this compilation This compilation This is a compilation of the Aboriginal Land Rights (Northern Territory) Act 1976 that shows the text of the law as amended and in force on 30 November 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Interpretation 3AA Approved entities 3AB Townships 3AC Jabiru town land 3A Crown land vested in Northern Territory 3B Act binds the Crown 3C Act has effect despite Lands Acquisition Act 3D Application of the Criminal Code Part II—Grants of land to Aboriginal Land Trusts 4 Land Trusts 5 Functions of Land Trusts 5A Public Works Committee Act 6 Land Trust not empowered to accept moneys 7 Membership of Land Trust 8 Termination of appointment of members of Land Trusts 9 Resignation of member of Land Trust 10 Recommendations for grants of land described in Schedule 1 11 Recommendations for grants of Crown land other than Schedule 1 land and former public roads 11A Land Councils may enter into agreements concerning land under claim 11B Recommendations for grants of former public roads 12 Grants of land to Land Trusts 12AAA Additional grant to Tiwi Land Trust 12AAB Grant of land to Anindilyakwa Land Trust etc. 12AA Agreements with respect to roads on land described in Schedule 1 12AB Declaratory orders with respect to roads on land described in Schedule 1 12AC Effect of agreement or order 12AD Compensation for loss of licences etc. 12A Occupation of land by Director 12B Arbitration on agreement between Land Council and Director 12C Minister may grant lease in certain circumstances 12D Land subject of deed in escrow—Land Councils may enter into agreements 13 Land subject of deed in escrow—grants of interests by the Crown 14 Occupation etc. by the Crown etc. of Aboriginal land vested in Land Trust 15 Payments in respect of occupation of land by the Crown etc. 16 Payments to Land Council by the Crown in respect of interests in Aboriginal land 17 Appropriation etc. of payments to Land Council or approved entity 18 Occupation or use of Aboriginal land by mission 18A Occupation or use of land in Ranger Project Area 18B Occupation or use of land in Alligator Rivers Region, other than the Ranger Project Area 18C Section 18A or 18B not to authorise mining etc. 19 Dealings etc. with interests in land by Land Trusts 19A Land Trust may grant headlease over township 19B Expenditure of approved entities to be in accordance with approved estimates 19C Modification of certain NT laws for a township lease held by an approved entity 19D Modification of NT subdivision law for grant of a township lease to an approved entity 19E Modification of certain NT laws for a township lease held by an approved entity 20 Leases in compliance with obligations of the Commonwealth 20A Northern Territory transfer of land law to apply Part IIA—Executive Director of Township Leasing Division 1—Establishment of the Executive Director of Township Leasing 20B Executive Director of Township Leasing Division 2—Functions of the Executive Director etc. 20C Functions of the Executive Director 20CA Executive Director to hold leases and subleases on behalf of the Commonwealth 20CB Transfer of subleases Division 3—Administrative provisions about the Executive Director 20D Appointment of Executive Director 20E Appointment to be full‑time or part‑time 20F Terms and conditions—general 20G Remuneration and allowances 20H Restrictions on outside employment 20J Acting Executive Director 20K Leave of absence 20L Resignation 20M Termination of appointment 20N Disclosure of interests Division 4—Staff and consultants 20P Staff 20Q Consultants Division 5—Annual report 20R Annual report Division 6—Effect on other laws in relation to certain leases or subleases held by Executive Director 20S Operation of Lands Acquisition Act 20SA Modification of certain NT laws in relation to leases or subleases held by Executive Director 20SB Modification of certain NT laws in relation to land the subject of leases or subleases held by Executive Director Part III—Aboriginal Land Councils 21 Establishment of Land Councils 21A Aboriginal group or body may seek establishment of new Land Council 21B Minister's assessment of application for establishment of new Land Council 21C Establishment of new Land Council if a 55% positive vote 21D Rules about Commonwealth Electoral Roll 21E Variation of boundaries 22 Land Council to be body corporate etc. 23 Functions of Land Council 23AA How functions of a Land Council are to be performed 23A Power of Land Council to obtain information and documents 23B Application to Supreme Court for order with respect to information or documents 23C A person authorised by Land Council to have access to buildings and places in Region 23D Application to Supreme Court for order with respect to access 23E Secrecy 24 Register of traditional Aboriginal owners 25 Duty of Land Council to attempt conciliation of disputes 26 Land Council to meet expenses etc. of Land Trust 27 Powers of Land Council 28 Delegation 29 Membership of Land Council 29AA Register of interests of members of Land Council 29A Committees 30 Chair and Deputy Chair of Land Council 31 Meetings of Land Council 33 Borrowing by Land Council 33A Land Council may charge fees for services 33B Land Council may charge other fees 34 Expenditure to be in accordance with approved estimates 35 Application of money of Land Council 35A Making of determinations under subsection 35(2), (3) or (6) 35B Notification requirements for body corporate receiving money from Land Council 35C Reporting obligations for body corporate receiving money from Land Council 36 Other payments to be approved by Minister 37 Additional Land Council reporting requirements 39 Minister may give directions about Land Council finances Part IV—Mining 40 Grants of exploration licences 41 Application for consent to exploration licences 41A Withdrawal of application for consent to exploration licence 42 Response of Land Council and Minister to application 43 National interest cases 44 Determination of conditions of exploration licences 44A Terms and conditions of exploration licences 45 Mining interest not to be granted in certain circumstances 46 Terms and conditions to which grant of mining interest subject 47 Cancellation of exploration licence or mining interest 48 No further applications within certain periods 48A Land Council may enter agreement concerning exploration or mining of land subject to claim 48AA Special provisions relating to specified areas 48B Variation of terms and conditions 48C Application of Acts authorising mining on Aboriginal land 48D Payments in respect of mining under Acts 48E Arbitration on required agreement 48F Appointment as Mining Commissioner 48G Proclamations to be laid before Parliament 48H Agreements for entry on Aboriginal land 48J Offence in connection with mining interest Part V—Aboriginal Land Commissioners 49 Aboriginal Land Commissioners 50 Functions of Commissioner 51 Powers of Commissioner 52 Appointment of Commissioner 53 Judge or former Judge to be appointed as Commissioner 53A Protection for Commissioner etc. 53B Application of the Public Governance, Performance and Accountability Act 2013 54 Power to require person to answer questions and produce documents 54A Person wishing to give information etc. to Commissioner 54AA Commissioner may restrict publication etc. 54C Financial assistance in respect of legal representation 54D Reference of question of law to Federal Court 55 Interests of Commissioner in any business 56 Leave of absence 57 Acting appointments 58 Resignation 59 Staff to assist Commissioner 60 Consultants to Commissioner 61 Annual report etc. by Commissioner Part VI—Aboriginals Benefit Account 62 Aboriginals Benefit Account 62A Minimum investment amount 63 Credit of amounts to Account 63A Purposes of the Account 64 Debits from the Account 64A Debit of additional amounts from Account 64AA Debit of additional amounts from the Account for the purposes of the NTAI Corporation 64B Accounts, financial statements and annual report Part VIA—Northern Territory Aboriginal Investment Corporation Division 1—Definitions 65A Definitions Division 2—Northern Territory Aboriginal Investment Corporation Subdivision A—Establishment and functions 65B Establishment 65BA Purposes of the NTAI Corporation 65BB NTAI Corporation's functions 65BC General rules about performance of functions Subdivision B—Powers 65BD Powers 65BE Payments etc. may be made subject to terms and conditions 65BF Payments repayable if conditions breached etc. 65BG Investment of surplus money 65BH Investment limit 65BI Loans 65BJ Borrowing 65BK Guarantees 65BL Derivatives Subdivision C—Miscellaneous 65BM NTAI Corporation does not have privileges and immunities of the Crown 65BN Exemption from taxation Division 3—Strategic investment plan 65C Strategic investment plan Division 4—Financial arrangements 65D Administrative and capital expenditure to be in accordance with approved estimates 65DA NTAI Corporation may submit estimates of beneficial payments and investments Division 5—Board of the Northern Territory Aboriginal Investment Corporation Subdivision A—Establishment and functions 65E Establishment and functions of the Board 65EA Membership Subdivision B—Appointment of Board members 65EB Appointment of Board members by Land Councils 65EC Appointment of Board members by Commonwealth Ministers 65ED Appointment of independent Board members by the Board 65EE Basis on which Board members hold office 65EF Chair 65EG Term of appointment 65EH Acting appointments Subdivision C—Terms and conditions of appointment 65EI Disclosure of interests—Board members other than independent members 65EJ Remuneration and allowances 65EK Leave of absence 65EL Resignation of Board members 65EM Board code of conduct 65EN Termination of appointments 65EO Suspension of Land Council Board members 65EP Other terms and conditions of Board members Subdivision D—Meetings of the Board 65EQ Convening meetings 65ER Presiding at meetings 65ES Quorum 65ET Voting at meetings 65EU Observers 65EV Conduct of meetings 65EW Minutes 65EX Decisions without meetings Division 6—Committees 65F Establishment of committees 65FA Investment committee 65FB Audit committee must include independent Board member 65FC Remuneration and allowances 65FD Committee members are officials of the NTAI Corporation Division 7—Chief Executive Officer of the NTAI Corporation 65G Chief Executive Officer of the NTAI Corporation 65GA Functions of the CEO 65GB Appointment 65GC Acting appointments 65GD Other paid work 65GE Remuneration and allowances 65GF Leave of absence 65GG Resignation 65GH CEO code of conduct 65GI Termination of appointment 65GJ Disclosure of interests 65GK Other terms and conditions Division 8—Staff and consultants 65H Staff 65HA Consultants Division 9—Miscellaneous 65J Delegation by NTAI Corporation 65JA Delegation by Board 65JB Delegation by CEO 65JC Annual report 65JD Review of operation of this Part 65JE NTAI Corporation rules Part VII—Miscellaneous 66 Interpretation 67 Aboriginal land not to be resumed etc. 67A Estates or interests not to be granted while land subject to traditional land claim 67B Certain estates or interests may be granted while land subject to traditional land claim 68 Roads over Aboriginal land 69 Sacred sites 70 Entry etc. on Aboriginal land 70A Vested Aboriginal land and community land 70B Entering or remaining on Aboriginal land—access roads to communities 70C Entering or remaining on Aboriginal land—aerodromes 70D Entering or remaining on Aboriginal land—landing places for vessels 70E Entering or remaining on Aboriginal land—roads within communities 70F Entering or remaining on Aboriginal land—common areas 70G Entering or remaining on Aboriginal land—court hearings 70H No limit on section 71 71 Traditional rights to use or occupation of Aboriginal land 72 Aboriginal land to continue to be reserve under Northern Territory law 73 Reciprocal legislation of the Northern Territory 74 Application of laws of Northern Territory to Aboriginal land 74A Financial assistance in respect of legal representation in closure of seas applications 75 Application of NT mining authority in relation to Aboriginal land 76 Delegation by Minister 77 Remuneration and allowances 77A Consents of traditional Aboriginal owners 77B Conduct by director, employees or agents 77C Amendment of Schedule 1 78 Regulations Schedule 1 Part 1 Part 2 Part 3 Part 4 Part 5 Schedule 2 Schedule 3 Schedule 5 Schedule 6—Anindilyakwa Land Trust 1 Anindilyakwa Land Trust Schedule 7—Community land 1 Acacia Larrakia 2 Ali Curung 3 Amanbidji 4 Amoonguna 5 Ampilatwatja 6 Angurugu 7 Areyonga 8 Barunga 9 Belyuen 10 Beswick 11 Bulman 12 Daguragu 13 Galiwinku 14 Gapuwiyak 15 Gunbalanya 16 Gunyangara 17 Haasts Bluff 18 Hermannsburg 19 Kaltukatjara 20 Kintore 21 Lajamanu 22 Maningrida 23 Manyallaluk 24 Milikapiti 25 Milingimbi 26 Milyakburra 27 Minjilang 28 Mt Liebig 29 Mutitjulu 30 Nguiu 31 Ngukurr 32 Nturiya 33 Numbulwar 34 Nyirripi 35 Palumpa 36 Papunya 37 Peppimenarti 38 Pigeon Hole 39 Pirlangimpi 40 Pmara Jutunta 41 Ramingining 42 Robinson River 43 Santa Teresa 44 Umbakumba 45 Wadeye 46 Wallace Rockhole 47 Warruwi 48 Weemol 49 Willowra 50 Yirrkala 51 Yuelamu 52 Yuendumu 53 Low water marks Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act providing for the granting of Traditional Aboriginal Land in the Northern Territory for the benefit of Aboriginals, and for other purposes Part I—Preliminary 1 Short title This Act may be cited as the Aboriginal Land Rights (Northern Territory) Act 1976. 2 Commencement (1) This Act, other than section 70, shall come into operation on a date to be fixed by Proclamation. (2) Section 70 shall come into operation on a date to be fixed by Proclamation, being a date later than the date fixed for the purposes of subsection (1). 3 Interpretation (1) In this Act, unless the contrary intention appears: Aboriginal means a person who is a member of the Aboriginal race of Australia. Aboriginal and Torres Strait Islander corporation means a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006. Aboriginal land means: (a) land held by a Land Trust for an estate in fee simple; or (b) land the subject of a deed of grant held in escrow by a Land Council. Aboriginal people or Aboriginal person: see Aboriginal. Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginals or of a community or group of Aboriginals, and includes those traditions, observances, customs and beliefs as applied in relation to particular persons, sites, areas of land, things or relationships. Account means the Aboriginals Benefit Account continued in existence by section 62. adult Aboriginal means an Aboriginal who has attained the age of 18 years. alienated Crown land means Crown land in which a person (other than the Crown) has an estate or interest, but does not include land in a town. approved entity means a body approved by the Minister: (a) under subsection 3AA(1) as an approved entity; or (b) under subsection 3AA(2) as an approved entity for an area of land. area, in relation to a Land Council, means an area for which the Council is established under this Act. Authority means an authority established by or under a law of the Commonwealth or a law of the Northern Territory. Commissioner means an Aboriginal Land Commissioner holding office under Part V. Commonwealth Electoral Roll means the Rolls kept under the Commonwealth Electoral Act 1918. community living area has the same meaning as in the Stronger Futures in the Northern Territory Act 2012. community purpose means a purpose that is calculated to benefit primarily the members of a particular community or group. conservation zone has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999. Crown Land means land in the Northern Territory that has not been alienated from the Crown by a grant of an estate in fee simple in the land, or land that has been so alienated but has been resumed by, or has reverted to or been acquired by, the Crown, but does not include: (a) land set apart for, or dedicated to, a public purpose under an Act; or (b) land the subject of a deed of grant held in escrow by a Land Council. Director has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999. Electoral Commissioner has the same meaning as in the Commonwealth Electoral Act 1918. excludable matter means any of the following: (a) a matter relating to a member of the staff of a Land Council or to any other person assisting a Land Council in the performance of its functions or in the exercise of its powers; (b) a matter involving personal hardship suffered by a person; (c) a trade secret or other information having a commercial value the disclosure of which would, or could reasonably be expected to, affect a person adversely in respect of the person's lawful business, professional, commercial or financial affairs; (d) any matter the divulging or communicating of which is prohibited by section 23E; (e) information the disclosure of which would found an action for breach of confidence; (f) information of such a nature that it would be privileged from being disclosed in legal proceedings on the ground of legal professional privilege; (g) information the disclosure of which would, or could reasonably be expected to, prejudice the enforcement or proper administration of the law; (h) a matter affecting the security of a Land Council, its members, its staff or its property; (i) information that is considered sacred or otherwise significant by a particular group of Aboriginals, the disclosure of which would be inconsistent with the views or sensitivities of those Aboriginals. Executive Director means the Executive Director of Township Leasing referred to in section 20B. exploration licence includes: (b) a permit in respect of land under the Petroleum (Prospecting and Mining) Act 1954 of the Northern Territory; and (c) a permit granted under the Petroleum Act 1984 of the Northern Territory; and (ca) a mineral exploration licence granted under the Mineral Titles Act 2010 (NT); and (cb) a geothermal exploration permit granted under the Geothermal Energy Act 2009 (NT); and (d) a right to explore for minerals under: (i) if subsection 53(2A) of the Lands Acquisition Act 1955 applies by virtue of subsection 124(8) of the Lands Acquisition Act 1989—the first‑mentioned subsection; or (ii) if subparagraph (i) does not apply—regulations made for the purposes of subsection 124(1) of the Lands Acquisition Act 1989; but does not include an extractive mineral exploration licence granted under the Mineral Titles Act 2010 (NT). exploration retention licence means an exploration retention licence granted under a law of the Northern Territory relating to mining for minerals and includes the following: (a) a retention licence granted under the Petroleum Act 1984 (NT); (b) a geothermal retention licence granted under the Geothermal Energy Act 2009 (NT); (c) a mineral exploration licence in retention issued under the Mineral Titles Act 2010 (NT); but does not include any of the following granted under the Mineral Titles Act 2010 (NT): (d) an extractive mineral exploration licence; (e) an extractive mineral lease; (f) an extractive mineral permit. extractive mineral means: (a) soil; or (b) sand, gravel, clay or stone, being sand, gravel, clay or stone that is suitable for use in construction or building works. extractive mineral deposit means a deposit of extractive minerals. Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013. geothermal energy resources has the meaning given by section 4 of the Geothermal Energy Act 2009 (NT). grant, in relation to an interest in land (including any interest referred to in a paragraph of subsection (2) of this section), includes the doing of any action by reason of which the interest arises. intending miner, in respect of Aboriginal land, means: (a) a person who makes application, under a law of the Northern Territory relating to mining for minerals, for the grant of a mining interest in respect of that land, while the person: (i) holds an exploration licence under that law in respect of that land; or (ii) being a person who has held an exploration licence in respect of that land, holds under that law an exploration retention licence, or has made an application for the grant of an exploration retention licence, in respect of that land or a part of that land; or (b) a person who: (i) if subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955 apply by virtue of subsection 124(8) of the Lands Acquisition Act 1989—makes an application, under subsection 51(1A) of the first‑mentioned Act for the grant of a lease or licence to mine for minerals on that land, while the person holds, under subsection 53(2A) of that Act, a right to explore for minerals on that land; or (ii) if subparagraph (i) does not apply—makes an application for the grant, under regulations made for the purposes of subsection 124(1) of the Lands Acquisition Act 1989, of a right to mine for, or recover, minerals on that land, while the person holds, under the regulations, a right to explore for minerals on that land. Jabiru Town Development Authority means the Jabiru Town Development Authority established by the Jabiru Town Development Act 1978 (NT). Jabiru town land has the meaning given by section 3AC. Kakadu Aboriginal Land Trust means the Land Trust of that name established by the Minister by notice published in the Gazette under subsection 4(1). Land Council means an Aboriginal Land Council established by or under this Act. Land Trust means an Aboriginal Land Trust established under this Act. law of the Northern Territory means a law made under, or having effect in the Northern Territory by virtue of, the Northern Territory (Self‑Government) Act 1978. mine includes extract. mineral royalties means royalties payable to the Commonwealth or the Northern Territory in respect of the mining of minerals. minerals includes: (a) gold, silver, copper, tin and other metals; (b) coal, shale, petroleum and valuable earths and substances; (c) mineral substances; (d) gems and precious stones; and (e) ores and other substances containing minerals; whether suspended in water or not, and includes water and geothermal energy resources but does not include extractive minerals. mining interest means: (a) any lease or other interest in, or right in respect of, land granted under a law of the Northern Territory relating to mining for minerals (other than a lease or other interest in land, or a right, relating to exploration for, or the mining or development of, extractive mineral deposits); or (b) if subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955 apply by virtue of subsection 124(8) of the Lands Acquisition Act 1989—any lease, licence or other right granted under any of those provisions; or (c) if regulations have been made for the purposes of subsection 124(1) of the Lands Acquisition Act 1989—any right granted under those regulations to explore for, mine for, or recover, minerals; but does not include, when the expression is used in Part IV, any such lease, licence, interest or right that is an exploration licence or exploration retention licence. mission means a religious society or association the purposes of which are, or include, furthering the spiritual, cultural or economic welfare of Aboriginals, and includes a trustee or trustees empowered to hold land on behalf of such a society or association. Northern Territory Mining Minister means the person holding ministerial office under section 36 of the Northern Territory (Self‑Government) Act 1978 who is responsible for the administration of the law of the Northern Territory relating to mining for minerals. NT mining authority means an authority, issued under a law of the Northern Territory relating to mining for minerals, that empowers the holder to take possession of, mine or occupy land, or take any other action in relation to land, for any purpose in connection with mining. petroleum has the meaning given by subsection 5(1) of the Petroleum Act 1984 of the Northern Territory. qualifying area means an area that: (a) is wholly included in the area of a Land Council; or (b) is partly included in the area of one Land Council and partly included in the area of one or more other Land Councils. sacred site means a site that is sacred to Aboriginals or is otherwise of significance according to Aboriginal tradition, and includes any land that, under a law of the Northern Territory, is declared to be sacred to Aboriginals or of significance according to Aboriginal tradition. town has the same meaning as in the law of the Northern Territory relating to the planning and developing of towns and the use of land in or near towns, and includes any area that, by virtue of regulations in force under that law, is to be treated as a town. township, in relation to a Land Trust, has the meaning given by section 3AB. traditional Aboriginal owners, in relation to land, means a local descent group of Aboriginals who: (a) have common spiritual affiliations to a site on the land, being affiliations that place the group under a primary spiritual responsibility for that site and for the land; and (b) are entitled by Aboriginal tradition to forage as of right over that land. traditional land claim, in relation to land, means a claim by or on behalf of the traditional Aboriginal owners of the land arising out of their traditional ownership. unalienated Crown land means Crown land in which no person (other than the Crown) has an estate or interest, but does not include land in a town. (2) Unless the contrary intention appears, a reference in this Act to an estate or interest in land includes a reference to an interest by way of a right against the Crown to a grant of an estate or interest in land, but does not include a reference to: (a) a mining interest; (b) an interest arising out of the operation of the Atomic Energy Act 1953 or any other Act authorizing mining for minerals; (ba) a lease or other interest in land, or a right granted in respect of land, under a law of the Northern Territory relating, in whole or in part, to exploration for, or the mining or development of, extractive mineral deposits; (c) an interest arising out of the taking possession, mining or occupation of land by virtue of an NT mining authority; or (d) an interest by way of the occupation or use, with the licence or permission of the Crown, of land by an Authority or a mission. (3) A reference in this Act to an Act authorizing mining for minerals shall be read as a reference to such an Act whether passed before or after the commencement of this section and as including a reference to section 124 of the Lands Acquisition Act 1989. (4) A reference in this Act to the granting of a mining interest in respect of Aboriginal land shall be read as not including a reference to the renewal, in accordance with an option or other right conferred before the land became Aboriginal land, of a mining interest that was in existence when the land became Aboriginal land. (5) A description of land in Schedule 1 shall be deemed not to include any land on which there is, at the commencement of this section, a road over which the public has a right of way. (6) A reference in this Act to the Crown shall be read as a reference to the Crown in right of the Commonwealth or the Crown in right of the Northern Territory or both, as the case requires. 3AA Approved entities Approval of the Commonwealth and Commonwealth authorities (1) For the purposes of paragraph (a) of the definition of approved entity in subsection 3(1), the Minister may, by writing, approve any of the following bodies as an approved entity: (a) the Commonwealth; (b) a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989). Approval of Aboriginal and Torres Strait Islander corporations (2) For the purposes of paragraph (b) of the definition of approved entity in subsection 3(1), the Minister may, by writing, approve an Aboriginal and Torres Strait Islander corporation as an approved entity for an area of land known by a particular name if the Minister is satisfied that: (a) the Land Council for the area in which the area of land is situated has nominated the corporation under subsection (4) to be an approved entity for the area of land known by that name; and (b) a majority of the members of the corporation are either: (i) the traditional Aboriginal owners of land that constitutes, or forms part of, the area of land known by that name; or (ii) Aboriginal people who live in the area of land known by that name; and (c) any conditions determined under subsection (9) for the purposes of this paragraph are satisfied. (3) An approval under subsection (2) must specify the name by which the area of land is known, but need not otherwise delineate the area of land. (4) A Land Council may nominate an Aboriginal and Torres Strait Islander corporation, that satisfies the condition in paragraph (2)(b), to be an approved entity for an area of land situated in the Council's area. (5) A nomination under subsection (4) must: (a) be given to the Minister in writing; and (b) specify the name by which the area of land is known; and (c) describe the area of land (but need not delineate the area); and (d) set out the names of the corporation's members; and (e) contain a declaration to the effect that the Land Council is satisfied the corporation satisfies the condition in paragraph (2)(b); and (f) set out a description of any consultation by the Land Council with the following persons in relation to the nomination: (i) traditional Aboriginal owners of land that constitutes, or forms part of, the area of land; (ii) Aboriginal people who live in the area of land; (iii) any other Aboriginal community or group that may be affected by the nomination; and (g) contain any other information determined under subsection (9) for the purposes of this paragraph. Matters to which Minister must or may have regard (6) In deciding under subsection (1) or (2) whether to approve a body as an approved entity, the Minister: (a) must have regard to any matters determined under subsection (9) for the purposes of this paragraph; and (b) may have regard to: (i) any matters determined under subsection (9) for the purposes of this subparagraph; and (ii) any other matters the Minister considers relevant. Revoking an approval (7) The Minister may, by writing, revoke an approval under subsection (1) or (2) if the Minister considers it appropriate to do so. (8) Before revoking an approval under subsection (2) of an Aboriginal and Torres Strait Islander corporation as an approved entity for an area of land, the Minister must consult the Land Council that nominated the corporation under subsection (4) in relation to the area of land. Legislative instruments determining certain matters (9) The Minister may, by legislative instrument, determine: (a) conditions for the purposes of paragraph (2)(c); and (b) information for the purposes of paragraph (5)(g); and (c) matters for the purposes of paragraph (6)(a) or subparagraph (6)(b)(i). 3AB Townships (1) For the purposes of this Act, a township, in relation to a Land Trust (the applicable Land Trust), is either of the following 2 types of areas of Aboriginal land vested in that Land Trust. Areas applicable to all Land Trusts (2) The first type is an area of land that is of a kind prescribed by the Minister under subsection (3A), for the purposes of this subsection, in relation to all Land Trusts. Areas applicable to that Land Trust (3) The second type is an area of land that is prescribed by the Minister under subsection (3A), for the purposes of this subsection, in relation to the applicable Land Trust only. Minister may prescribe areas in relation to all or particular Land Trusts (3A) The Minister may, by legislative instrument, prescribe areas of land in relation to: (a) all Land Trusts for the purposes of subsection (2); or (b) a particular Land Trust for the purposes of subsection (3). Kakadu Aboriginal Land Trust (4) For the purposes of this Act, a township, in relation to the Kakadu Aboriginal Land Trust, is the area of Jabiru town land. (5) Subsection (4) does not limit the application of subsections (1) to (3A) in relation to the Kakadu Aboriginal Land Trust. 3AC Jabiru town land (1) For the purposes of this Act, Jabiru town land means the land specified in an instrument under subsection (2). (2) The Minister must, by legislative instrument, specify land for the purposes of subsection (1). (3) Before making a legislative instrument under subsection (2), the Minister must have regard to the boundaries of the land comprising the whole of former Northern Territory Portion 2272 delineated on Survey Plan S79/31 lodged with the Surveyor‑General, Darwin (other than land on which there is a road over which the public has a right of way). (4) Before making a legislative instrument under subsection (2), the Minister must consult the Government of the Northern Territory and the Land Council for the area in which the land is situated. The Minister may also consult such other persons or bodies as the Minister thinks appropriate. 3A Crown land vested in Northern Territory (1) Notwithstanding any law of the Northern Territory, the application of this Act in relation to Crown land extends to Crown land that is vested in the Northern Territory. (2) Notwithstanding any law of the Commonwealth or of the Northern Territory, the Commonwealth is not liable to pay to the Northern Territory any compensation by reason of the making of a grant to a Land Trust of Crown land that is vested in the Northern Territory. 3B Act binds the Crown This Act binds the Crown in right of the Commonwealth and of the Northern Territory. 3C Act has effect despite Lands Acquisition Act This Act has effect despite anything contained in the Lands Acquisition Act 1989. 3D Application of the Criminal Code Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II—Grants of land to Aboriginal Land Trusts 4 Land Trusts (1) The Minister may, by notice published in the Gazette, establish Aboriginal Land Trusts to hold title to land in the Northern Territory for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of the land concerned, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission, and, subject to subsections 10(1) and (2), shall so establish Land Trusts to hold the land described in Schedule 1. (1AA) A Land Trust to hold any Crown land described in Part 2 or 3 of Schedule 1 must be established not later than 2 years after the commencement of this subsection. (1AB) To avoid doubt, the Minister may establish a Land Trust under subsection (1) for the purpose of it holding land that is to be transferred to it under subsection 19(4). (1AC) If: (a) the Minister establishes a Land Trust (the new Land Trust) under subsection (1) for the purpose of it holding land that is to be transferred to it under subsection 19(4) by another Land Trust; and (b) the other Land Trust advises the Minister in writing that it is no longer going to transfer the land; the Minister may, by written notice, abolish the new Land Trust. (1A) Nothing in this Act shall be taken to imply that the Minister cannot establish, under this section, Land Trusts to hold different areas of land each of which is included within a single area of land that is described in Schedule 1. (1B) Where: (a) the traditional Aboriginal owners of an area of land constituting the whole or a part of the land that is held by a Land Trust are also the traditional Aboriginal owners of an area of land constituting the whole or a part of land that is held by another Land Trust or in which an estate in fee simple would be likely, but for the operation of this subsection, to be granted to another Land Trust; and (b) those traditional Aboriginal owners are in favour of the amalgamation, within a single Land Trust, of the areas of which they are the traditional owners; the Land Council or Land Councils in the area or areas of which the areas of land proposed for amalgamation are situated may request the Minister, in writing, to take action under subsection (1C) to effect that amalgamation. (1C) Where the Minister, upon receiving a request to take action under this subsection to effect the amalgamation of the whole or parts of 2 or more areas of affected land, is of the opinion that, in all the circumstances of the case, it is appropriate to do so, the Minister may: (a) by notice published in the Gazette vary the specifications of the boundaries of a Land Trust established to hold affected land, with effect from the day upon which a new deed of grant, or new deeds of grant, relating to the land that that Land Trust was established to hold is or are delivered by the Governor‑General in accordance with the recommendations of the Minister under subsection 10(2A) or 11(1B), so that the boundaries as so varied of the land to be held by that Land Trust relate: (i) to all the land that is proposed to be amalgamated; or (ii) to any affected land that was held by that Land Trust but that is not proposed to be amalgamated with other land; or (b) by notice published in the Gazette pursuant to subsection (1), establish a new Land Trust: (i) to hold all the land that is proposed to be amalgamated; or (ii) to hold any affected land that is not proposed to be amalgamated with other land. (1D) In subsection (1C), affected land means any area of land to which a deed of grant in fee simple under section 12, or an application referred to in paragraph 50(1)(a), relates, being land the whole or a part of which is proposed to be amalgamated with other land. (2) A notice published under subsection (1) shall: (a) specify the name of the Land Trust; and (c) set out the boundaries of the land to be held by the Land Trust. Anindilyakwa Land Trust (2A) An Aboriginal Land Trust with the name "Anindilyakwa Land Trust" is established by this subsection. The boundaries of the land to be held by the Land Trust are set out in Schedule 6. Note: Section 12AAB deals with the grant of land to the Land Trust. Varying Land Trust boundaries (2B) The Minister may, by notice published in the Gazette, vary the boundaries of the land to be held by a Land Trust: (a) because of a determination under subsection 10(2AA) or subparagraph 11(1)(c)(ii), (1AD)(d)(ii) or (1AE)(c)(ii); or (aa) because of a proposed grant of an estate in fee simple, in the land described under the heading "JABIRU" in Part 4 of Schedule 1, to the Kakadu Aboriginal Land Trust in accordance with this Act; or (b) because of a proposed transfer under subsection 19(4). The variation takes effect on the day, or on the occurrence of an event, specified in the notice. Legal status of Land Trust (3) A Land Trust: (a) is a body corporate, with perpetual succession; (b) shall have a common seal; (c) subject to this Part, may acquire, hold and dispose of real and personal property; and (d) may sue and be sued in its corporate name. Common seal of Land Trust (4) The common seal of a Land Trust shall be kept by a member of the staff of the Land Council in the area of which the Land Trust holds land who has been authorized by the Land Council for the purpose. (5) The common seal of a Land Trust is to be affixed to a document only with a written authority signed by: (a) if the Trust consists of 4 or more members—at least 3 of those members; or (b) if the Trust consists of 3 members—at least 2 of those members. Note: Section 7 deals with the membership of a Land Trust. (6) All courts, judges and persons acting judicially shall take notice of the common seal of a Land Trust affixed to a document and shall presume that it was duly affixed. Notices are not legislative instruments (7) A notice under subsection (1), (1AC) or (2B) is not a legislative instrument. 5 Functions of Land Trusts (1) The functions of a Land Trust are: (a) to hold title to land vested in it in accordance with this Act; (b) to exercise its powers as owner of land referred to in paragraph (a) for the benefit of the Aboriginals concerned; and (c) where the Land Trust is named as the grantee of land in a deed of grant held in escrow by a Land Council—to acquire, as and when practicable, the estates and interests of other persons in the land with a view to the surrender to the Crown of those estates and interests and the delivery to the Land Trust of the deed of grant held by the Land Council. (2) A Land Trust: (a) shall not exercise its functions in relation to land held by it except in accordance with a direction given to it by the Land Council for the area in which the land is situated; and (b) where such a direction is given to it—shall take action in accordance with that direction. (3) The Lands Acquisition Act 1989 does not apply to the acquisition by a Land Trust, under this Act, of an estate or interest in land. 5A Public Works Committee Act The Public Works Committee Act 1969 does not apply to a Land Trust. 6 Land Trust not empowered to accept moneys A Land Trust is not empowered to accept moneys due and owing to it or to give a valid discharge for such moneys, but such moneys may be paid to the Land Council for the area in which the Land Trust holds, or is established to hold, land. 7 Membership of Land Trust (1) A Land Trust shall, unless the Minister, in accordance with subsection (1A), determines that the Land Trust shall be differently constituted, consist of a Chair and such other members not less than 3 in number as the Minister appoints. (1A) Where, on the application, in writing, of the Land Council for the area in which the land to be held by a Land Trust established, or about to be established, under section 4, is situated, being an application made after the commencement of this subsection and before any person is appointed to be a member of that Land Trust, the Minister is satisfied that it is appropriate so to do, the Minister may, by signed writing, make, in respect of the Land Trust: (a) a determination that the Land Trust shall not have a Chair but shall consist of such number of members, not being less than 3, as the Minister specifies in the determination; or (b) a determination that the Land Trust shall consist of a Chair and 2 other members; and, where a determination is so made in relation to a Land Trust, the Land Trust shall be constituted in accordance with the determination. (2) The members of a Land Trust shall be appointed by the Minister on a nomination received by the Minister under subsection (3). (3) For the purposes of subsection (2), the Minister may request a nomination of a person from the Land Council for the area in which the Land Trust is to hold land. (4) A member of a Land Trust shall be appointed as a part‑time member. (5) The exercise or performance of a power or function by a Land Trust is not affected by reason only of there being a vacancy in the office of a member of the Land Trust. (6) All members of a Land Trust shall be Aboriginals living in the area of the Land Council in the area of which the land of the Land Trust is situated or whose names are set out in the register maintained by that Land Council in accordance with section 24. (7) Subject to this Act, a member of a Land Trust holds office for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment and on such terms and conditions as the Minister determines, but is eligible for re‑appointment. (8) Where a member of a Land Trust is, or is about to be, unable, whether on account of illness or otherwise, to perform the duties of his or her office, the Minister may appoint an Aboriginal to act in the place of that member during the period during which that member is unable to perform the duties of his or her office. (9) A person appointed to act in the place of a member of a Land Trust has all the functions, powers and duties of that member. 8 Termination of appointment of members of Land Trusts Where the Land Council for the area in which a Land Trust holds, or is established to hold, land requests the Minister, in writing, to remove a member of the Land Trust on the ground that the member has, in the opinion of the Land Council, failed properly to perform the duties of his or her office, the Minister shall, if the Minister is satisfied that the request is reasonable, terminate the appointment of the member. 9 Resignation of member of Land Trust A member of a Land Trust may resign his or her office by signed writing delivered to the Minister, but the resignation does not have effect until it is accepted by the Minister. 10 Recommendations for grants of land described in Schedule 1 (1) Where: (a) either: (i) a Land Trust has been established in respect of land constituting, or included within, an area of land described in Schedule 1 (other than an area of land described under the heading 'JABIRU' in Part 4 of Schedule 1); or (ii) the Minister has, under subsection (2AA), determined that a specified existing Land Trust should hold a specified area of land described in Schedule 1; and (b) subsection (2) does not apply in relation to that land or applies in relation to a part only of that land; the Minister shall recommend to the Governor‑General that a grant of an estate of fee simple in that land, or in the part of that land to which subsection (2) does not apply, be made to that Land Trust. (2) Where: (a) either: (i) a Land Trust has been established in respect of land constituting, or included within, an area of land described in Schedule 1 (other than an area of land described under the heading 'JABIRU' in Part 4 of Schedule 1); or (ii) the Minister has, under subsection (2AA), determined that a specified existing Land Trust should hold a specified area of land described in Schedule 1; and (b) a person (other than the Crown) has an estate or interest in the whole or a part of that land; the Minister shall recommend to the Governor‑General that the Governor‑General execute a deed of grant of an estate in fee simple in that land, or that part of that land, to that Land Trust and deliver it to the Land Council for the area in which that land, or that part of that land, is situated to be held in escrow until all of the estates and interests in that land, or that part of that land, held by a person (other than the Crown) have come to an end, whether by surrender to the Crown or otherwise, and then to be delivered by the Land Council to that Land Trust. (2AA) The Minister may, by a determination in writing, specify an existing Land Trust, and an area of land described in Schedule 1, for the purposes of subparagraph (1)(a)(ii) or (2)(a)(ii). The determination is not a legislative instrument. (2AB) The Minister must recommend to the Governor‑General that a grant of an estate in fee simple in the land described in paragraphs (a) and (c) under the heading "JABIRU" in Part 4 of Schedule 1 be made to the Kakadu Aboriginal Land Trust. (2AC) The Minister must recommend to the Governor‑General that a grant of an estate in fee simple in the Jabiru town land be made to the Kakadu Aboriginal Land Trust. (2A) Where an amalgamation in respect of which the Minister has taken action under subsection 4(1C) involves an area of land that was the subject of a deed of grant (in this subsection referred to as the former deed) to an existing Land Trust, not being a deed of grant that is held in escrow by a Land Council, the Minister shall recommend to the Governor‑General that the Governor‑General execute, in lieu of the former deed: (a) if that area of land is wholly to be held by another Land Trust—a new deed of grant of an estate in fee simple in that area to that other Land Trust; or (b) if that area of land is to be held, as to part of that area, by that existing Land Trust and as to part of that area, by another Land Trust—new deeds of grant of estates in fee simple in the respective parts of that area to the respective Land Trusts that are to hold those respective parts of that area. (2B) Where an amalgamation in respect of which the Minister has taken action under subsection 4(1C) involves an area of land that was the subject of a deed of grant (in this subsection referred to as the former deed) to an existing Land Trust, being a deed of grant that is held in escrow by a Land Council, the Minister shall recommend to the Governor‑General: (a) that the Governor‑General execute, in lieu of the former deed: (i) if that area of land is wholly to be held by another Land Trust—a new deed of grant of an estate in fee simple in that area to that other Land Trust; or (ii) if that area of land is to be held, as to part of that area, by that existing Land Trust and as to part of that area, by another Land Trust—new deeds of grant of estates in fee simple in the respective parts of that area to the respective Land Trusts that are to hold those respective parts of that area; and (b) that the Governor‑General deliver the new deed or the new deeds to that Land Council upon the same terms as the former deed was delivered. (3) For the purposes of this section, a lease of land granted under a law of the Northern Territory relating to mining for minerals shall be deemed to be an estate or interest in that land if the lease was granted before the date of commencement of this section or in pursuance of an agreement entered into by the Commonwealth before that date. (4) For the purposes of this section, any estate or interest in the area of land described in Schedule 1 under the heading "Kakadu" that is held by the Director is taken to be an estate or interest held by the Crown in right of the Commonwealth. 11 Recommendations for grants of Crown land other than Schedule 1 land and former public roads (1) Where: (a) a Commissioner has, before the commencement of the Aboriginal Land Rights Legislation Amendment Act 1982, recommended, or, after the commencement of that Act, recommends, to the Minister in a report made to the Minister under paragraph 50(1)(a) that an area of Crown land should be granted to a Land Trust for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of that area of land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission; and (b) the Minister is satisfied that the land (the divisible land), or a part (also the divisible land) of the land, should be granted to one or more new or existing Land Trusts so that each Land Trust holds the land granted to it for the benefit of Aboriginals who are the relevant Aboriginals in relation to the land granted to it; the Minister shall: (c) do either or both of the following: (i) establish the one or more Land Trusts under section 4; (ii) make a determination in writing specifying the one or more existing Land Trusts; that are to hold the divisible land or parts of the divisible land for the benefit of Aboriginals who are the relevant Aboriginals in relation to the divisible land or the parts of the divisible land; and (d) if the divisible land or a part of the divisible land proposed to be held by a Land Trust referred to in paragraph (c) is not, and does not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust; and (e) if the divisible land or a part of the divisible land proposed to be held by a Land Trust referred to in paragraph (c) is, or includes, alienated Crown land: (i) ensure that the estates and interests in that land or part of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and (ii) after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust. (1AA) Where the Minister has, before the commencement of this subsection, taken action, or, after that commencement, takes action, in pursuance of subsection (1) in relation to a part or parts of the area of land to which a recommendation that is contained in a report made to the Minister by a Commissioner under paragraph 50(1)(a) relates, the taking of that action does not preclude the Minister from taking further action in pursuance of subsection (1) in relation to any other part or parts of the land to which the recommendation relates. (1AB) Where the Minister: (a) after taking action in pursuance of subsection (1), whether before or after the commencement of this subsection, to establish a Land Trust to hold part only of an area of land to which a recommendation that is contained in a report made by a Commissioner to the Minister under paragraph 50(1)(a) relates; or (b) after taking action in relation to a Land Trust in accordance with paragraph (c) of this subsection by virtue of a previous application of this subsection; is satisfied that the Land Trust (in this subsection referred to as the previously established Land Trust) should hold another part of the area of land to which the recommendation relates for the benefit of Aboriginals who are the relevant Aboriginals in relation to that other part of that area of land, the Minister shall: (c) by notice published in the Gazette, declare that that previously established Land Trust is to be treated, for all purposes of this Act or any other law of the Commonwealth, of a State or of a Territory, as if it had also been established under section 4 to hold title to that other part of the area of land to which the recommendation relates for the benefit of Aboriginals who are relevant Aboriginals in relation to that other part of that area of land; (d) where the land to be held by the previously established Land Trust is, or includes, alienated Crown land, ensure that the estates and interests in that alienated Crown land of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and (e) after any acquisition referred to in paragraph (d) has been effected in relation to the land to be held by the previously established Land Trust, recommend to the Governor‑General that a grant of an estate in fee simple in that land be made to that previously established Land Trust. (1AC) Upon the publication in the Gazette of a notice under paragraph (1AB)(c) the declaration contained in that notice has effect according to its tenor. (1AD) Where: (a) a Commissioner has, whether before or after the commencement of this subsection, in a report made to the Minister under paragraph 50(1)(a), made 2 or more recommendations to the Minister that areas of Crown land should be granted to Land Trusts for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of those respective areas of land, whether or not that traditional entitlement is qualified as to place, time, circumstance, purpose or permission; (b) in respect of each of at least 2 of those recommendations the Minister has not taken action under subsection (1) or (1AB) in respect of the land, or any part of the land, to which the recommendation relates; and (c) the Land Council for the area in which all the land (the recommended land) to which the recommendations in respect of which the Minister has taken no action relate is situated applies in writing to the Minister for the Minister to take action under this subsection in relation to that land; the Minister shall, if he or she is satisfied that it is appropriate to do so: (d) do either or both of the following: (i) establish one or more Land Trusts under section 4; (ii) make a determination in writing specifying one or more existing Land Trusts; that are to hold the recommended land or a part or parts of the recommended land for the benefit of Aboriginals who are the relevant Aboriginals in relation to the recommended land or the part or parts of the recommended land; and (e) if the recommended land or a part of the recommended land proposed to be held by a Land Trust referred to in paragraph (d) is not, and does not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust; and (f) if the recommended land or a part of the recommended land proposed to be held by a Land Trust referred to in paragraph (d) is, or includes, alienated Crown land: (i) ensure that the estates and interests in that land or part of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and (ii) after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust. (1AE) Where: (a) a Commissioner recommends to the Minister in two or more reports made under paragraph 50(1)(a) that areas of Crown land should be granted to two or more Land Trusts for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of those respective areas of land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission; and (b) the Minister is satisfied that the areas of land or parts of the areas of land to which each of at least two of those reports respectively relate should be granted to a single Land Trust to be held for the benefit of Aboriginals who are the relevant Aboriginals in relation to each of those areas or each of those parts; the Minister shall: (c) do either of the following: (i) establish a single Land Trust under section 4; (ii) make a determination in writing specifying a single existing Land Trust; that is to hold those areas or those parts of those areas for the benefit of Aboriginals who are the relevant Aboriginals in relation to those areas or parts; and (d) if those areas or those parts of those areas are not, and do not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in those areas or parts be made to the Land Trust; and (e) if those areas or those parts of those areas are, or include, alienated Crown land: (i) ensure that the estates and interests in those areas or parts of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and (ii) after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in those areas or parts be made to that Land Trust. (1AF) Where land that is contiguous to Aboriginal land would have been the subject of a recommendation by the Minister under subsection (1), (1AB), (1AD) or (1AE) but for the existence on that land of a stock route (other than a stock route to which subsection 50(2E) applies), then, if the land ceases to be a stock route, the Minister may, on the application of the Land Council for the area in which the land is situated, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part of that land be made to the Land Trust that holds, or to one of the Land Trusts that hold, contiguous Aboriginal land. (1B) Where an amalgamation in respect of which the Minister has taken action under subsection 4(1C) involves an area of land that was the subject of a deed of grant (in this subsection referred to as the former deed) to an existing Land Trust, the Minister shall recommend to the Governor‑General that the Governor‑General execute, in lieu of the former deed: (a) if that area of land is wholly to be held by another Land Trust—a new deed of grant of an estate in fee simple in that area to that other Land Trust; or (b) if that area of land is to be held, as to part of that area, by that existing Land Trust and as to part of that area, by another Land Trust—new deeds of grant of estates in fee simple in the respective parts of that area to the respective Land Trusts that are to hold those respective parts of that area. (3) A reference in subsection (1), (1AB), (1AD) or (1AE) to land shall be read as not including a reference to any land on which there is a road over which the public has a right of way. (4) In this section, relevant Aboriginals, in relation to an area of land, means Aboriginals entitled by Aboriginal tradition to the use or occupation of that area of land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission. (5) A recommendation under paragraph (1)(d) or (e), (1AB)(e), (1AD)(e) or (f) or (1AE)(d) or (e) that a grant of an estate in fee simple in land be made to a Land Trust may include a recommendation that the deed of grant not be delivered to the grantee until a condition specified in the recommendation has been complied with. (6) A determination under subparagraph (1)(c)(ii), (1AD)(d)(ii) or (1AE)(c)(ii) is not a legislative instrument. 11A Land Councils may enter into agreements concerning land under claim (1) A person who desires to obtain an estate or interest in land the subject of an application of the kind referred to in paragraph 50(1)(a) may, before the land (in this section referred to as the relevant land) is granted to a Land Trust, make representations to the Land Council in the area of which the relevant land is situated concerning the person's plans in respect of the relevant land. (2) Subject to subsection (3), a Land Council to which representations are made pursuant to subsection (1) may, at any time before the relevant land is granted to a Land Trust, agree with the person who made the representations that it will, if the relevant land is granted to a Land Trust, direct the Land Trust to grant an estate or interest in that land to that person and that agreement shall specify the terms and conditions on which the proposed grant is to be made. (3) A Land Council shall not enter into an agreement under subsection (2) unless it is satisfied that: (a) the traditional Aboriginal owners of the relevant land understand the nature and purpose of the proposed grant and, as a group, consent to it; (b) any Aboriginal community or group that may be affected by the proposed grant has been consulted and has had adequate opportunity to express its view to the Land Council; and (c) the terms and conditions on which the proposed grant is to be made are reasonable. (4) An agreement referred to in subsection (2) is binding on any