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ABORIGINAL LAND RIGHTS ACT 1983 - SECT 41
Certificates--land vested in Aboriginal Land Councils
41 Certificates--land vested in Aboriginal Land Councils
(1) A
"dealing approval certificate" -- (a) for a land dealing relating to land
vested in the New South Wales Aboriginal Land Council, is a certificate in the
prescribed form signed by the Chief Executive Officer of the
New South Wales Aboriginal Land Council that the dealing complies with
section 42D, or
(b) for a land dealing relating to land vested in a
Local Aboriginal Land Council, is a certificate in the prescribed form signed
by the Chief Executive Officer of the New South Wales Aboriginal Land Council
that the dealing has been approved by the
New South Wales Aboriginal Land Council.
(2) A
"registration approval certificate" for a registrable instrument relating to
land vested in an Aboriginal Land Council is a certificate in the prescribed
form signed by the Chief Executive Officer of the
New South Wales Aboriginal Land Council that-- (a) the registration, under the
Real Property Act 1900 , of the instrument is authorised under this Act, or
(b) the registration, under Division 3 of Part 23 of the Conveyancing Act 1919
, of the instrument is authorised under this Act, or
(c) the making of a
recording in respect of the instrument in the Register or the
General Register of Deeds is authorised under this Act.
(3) A
dealing approval certificate signed by the Chief Executive Officer of the
New South Wales Aboriginal Land Council is conclusive evidence of the matters
certified in the certificate in favour of any person.
(4) Subsection (3) does
not operate in favour of any person who had knowledge that any of the matters
certified in the certificate was incorrect before the land dealing was
completed (whether or not any subsequent registration was required or has
taken place).
(5) A dealing approval certificate must set out any conditions
of the relevant approval.
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