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ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013 No. 2 - SECT 127

127 Insertion of new ss 202AA and 202AB

Chapter 5, part 2, division 1—

insert—

'(1) This section applies if—

(a) a lease is transferred; and
(b) the lease land is subject to an indigenous cultural interest.

'(2) The lease is subject to the condition that the lessee must, within 28 days after registration of the transfer, give written notice of the transfer, and the effect of section 373ZK(2), to—

(a) if the approved agreement for the indigenous cultural interest is an indigenous access and use agreement—the indigenous parties for the interest; or
(b) if the approved agreement for the indigenous cultural interest is an indigenous land use agreement—
(i) the native title parties to the agreement, at their address as recorded in the Commonwealth ILUA register; and
(ii) the native title registrar.

'(1) Subsection (2) applies if—

(a) a proposed sublease is to be over lease land; and
(b) the lease land is subject to an indigenous cultural interest.

'(2) The lessee for the lease land must give the sublessee a copy of the approved agreement for the indigenous cultural interest at least 28 days before the start of the sublease.

Maximum penalty—50 penalty units.

'(3) Subsection (4) applies if—

(a) a sublease is over lease land; and
(b) the lease land is to be subject to an indigenous cultural interest.

'(4) The lessee for the lease land must give the sublessee a copy of the approved agreement for the indigenous cultural interest at least 28 days before the indigenous cultural interest is registered.

Maximum penalty—50 penalty units.'.



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