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ABORIGINAL LAND ACT 1991 - SECT 196
Application of provisions for grant of land
196 Application of provisions for grant of land
(1) This section applies if the land is to be or is— (a) granted under part
4 ; and
(b) held for the benefit of Aboriginal people and Torres Strait
Islanders particularly concerned with the land, and their ancestors and
descendants.
(2) The following provisions apply in relation to the land as if
a reference in the provisions to Aboriginal people includes a reference to
Torres Strait Islanders— (a) sections 39 and 40 ;
(b) section 42 ;
(c)
section 104 ;
(d) section 109 ;
(e) section 149 ;
(f) sections 178 and 179
;
(g) section 201 ;
(h) section 203 ;
(i) section 283 ;
(j) section 288 .
(3) Schedule 1 , definition qualified , applies in relation to the land as
follows—
"qualified" , for a CATSI corporation that holds, or proposes to hold,
Aboriginal land under this Act that is prescribed DOGIT land, means— (a)
membership of the CATSI corporation is restricted to— (i) Aboriginal people
particularly concerned with the land; or
(ii) Aboriginal people and Torres
Strait Islanders particularly concerned with the land; or
(b) the CATSI
corporation is a trustee of a trust the beneficiaries of which are restricted
to— (i) Aboriginal people particularly concerned with the land; or
(ii)
Aboriginal people and Torres Strait Islanders particularly concerned with the
land.
(4) The following provisions apply in relation to the land as if a
reference in the provisions to an Aboriginal person includes a reference to a
Torres Strait Islander— (a) section 41 ;
(b) sections 120 (2) and 121 (2) .
(5) Sections 178 and 179 apply in relation to the land as if a reference in
the sections to Aboriginal tradition included a reference to Island custom.
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