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ABORIGINAL LAND AND TORRES STRAIT ISLANDER LAND AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 26 - SECT 40

40 Replacement of pt 3, div 2 (Dealing with transferred land)

Part 3, division 2—

omit, insert—

'(1) This section applies if—

(a) a CATSI corporation that is the trustee of Aboriginal land becomes a registered native title body corporate after it became the trustee of the land; and
(b) under the Commonwealth Native Title Act, a determination has been made that native title exists in relation to all or a part of the land; and
(c) the registered native title body corporate is registered on the National Native Title Register for the determination.

'(2) The registered native title body corporate may apply to the Minister in the approved form for an approval to hold the land under this Act for the native title holders of the land.

'(1) The Minister must consider an application made under section 39 and decide—

(a) to give the approval; or
(b) to refuse the application.

'(2) In considering the application, the Minister must have regard to—

(a) whether any Aboriginal people particularly concerned with the land, other than native title holders of the land, may be adversely affected by the approval; and
(b) if the Minister is satisfied Aboriginal people particularly concerned with the land will be adversely affected by the approval—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.

'(3) The Minister may give the approval only if, having regard to the matters mentioned in subsection (2), the Minister is satisfied it is appropriate in the circumstances to give the approval.

'(1) The Minister must give the registered native title body corporate written notice of the Minister's decision under section 40.

'(2) If the Minister gives the approval, the chief executive must notify the approval by gazette notice.

'(3) The gazette notice must—

(a) state the name of the registered native title body corporate; and
(b) include a description of the Aboriginal land held by it that relates to the approval.

'(4) As soon as practicable after the gazette notice is published, the chief executive must give the registrar of titles written notice of the approval.

'(5) The notice must include a description of the Aboriginal land held by the registered native title body corporate for the native title holders of the land.

'(6) On receiving the notice, the registrar must record in the freehold land register that the land is held under this Act by the registered native title body corporate for the native title holders of the land.

'(7) In this section—

description, in relation to land, means the description of the land as shown in the freehold land register.

'On publication of the gazette notice, the registered native title body corporate is taken to hold the land under this Act for the native title holders of the land.'.



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