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ABORIGINAL LAND AND TORRES STRAIT ISLANDER LAND AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 26 - SECT 80

80 Amendment of s 132 (Rights of access to interests preserved)

(1) Section 132(2)(b), 'Land Tribunal'—

omit, insert—

'Land Court'.

(2) Section 132—

insert—

'(5) If the only practicable way of gaining access to the person's land is across Aboriginal land that is the subject of a townsite lease or other registered interest (relevant land)—

(a) subsection (2) applies to the relevant land as if the reference to the trustee of the Aboriginal land, or the trustee, were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and
(b) subsection (3) does not apply.

'(6) Subsection (5) does not affect the operation of subsections (2) and (3) in relation to Aboriginal land that is not relevant land.'.



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