Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this section, "abandoned", in relation to an Aboriginal community living area granted by section 46(1A) of the Lands Acquisition Act 1978 , means the case where neither the applicant nor any of the Aboriginal persons for whose benefit the grant of land was made, or any of the members from time to time of the association to which the land was granted, have occupied the land as their principal place of residence during the 5 year period before an application is made under subsection (2).
(2) The lessee of a pastoral lease or a Crown lease of another kind adjacent to an abandoned Aboriginal community living area may apply to the Minister to have the land comprising the abandoned community living area incorporated in his or her lease.
(3) On receipt of an application under subsection (2), the Minister shall refer it to the Tribunal for the purpose of considering the application, and the Tribunal may call for submissions in writing to be made to it:
(a) by any person interested in the matter; and
(b) by the relevant Land Council.
(4) In considering a reference under subsection (3), the Tribunal shall take into account:
(a) the length of time the community living area has been abandoned;
(b) the apparent reason for abandonment;
(c) the number and age grouping of Aboriginal persons , if any, eligible to live on the community living area;
(d) the history of occupation of the community living area since it was granted to the association;
(e) the cost and method of calculating the cost to the Territory of acquiring the community living area on just terms; and
(f) such other matters as the Tribunal thinks relevant, including the submissions made to it under subsection (3).
(5) After considering a reference under this section, the Tribunal shall recommend a course of action to be taken by the Minister in relation to the abandoned community living area and shall give notice of its recommendations to the association to which the land was granted and to all persons who made submissions to it pursuant to subsection (3).