(1)  The land referred to in Schedule 3 is vested in the Council in trust for Aboriginal persons in perpetuity.

(1A)  The land declared under section 35A is held by the Council –

(a) in trust for Aboriginal persons in perpetuity; and

(b) subject to the provisions of this Act.

(2)  The land referred to in subsection (1) is vested to a depth of 50 metres and includes minerals other than oil, atomic substances, and geothermal substances, within the meaning of the Mineral Resources Development Act 1995 and helium.

(2A)  The land referred to in subsection (1A) includes the right to minerals, other than oil, atomic substances and geothermal substances, within the meaning of the Mineral Resources Development Act 1995 , and to helium, to a depth of 50 metres.

(3)  The land referred to in subsection (1) vests subject to–

(a) any estate existing in it immediately before the commencement of this Act; and

(b) the provisions of this Act.

(4)  There is reserved to the Crown the right at all times –

(a) of making and constructing in land referred to in subsection (1) such drains, sewers and waterways for sanitary or other purposes as may be considered expedient; and

(b) of altering, amending, cleansing or repairing those drains, sewers and waterways.

(5)  There is reserved to the public during daylight hours over the land referred to in item 11 of Schedule 3 a right of access as specified in Plan 3466 in the Central Plan Register except when a significant Aboriginal cultural event is being held on that land.

(6)  There is included with the areas of land referred to in items 5, 6 and 7 of Schedule 3 a right of access on foot over any Crown land between each of those areas and the nearest point of public access.

(7)  There is reserved to the public at all times a right of access over the land referred to in items 1 and 2 of Schedule 3 as specified in Plans 3468 and 3467 in the Central Plan Register.

(7A)  There is to be reserved to the public at all times over the land referred to in item 13 of Schedule 3 a right of access as specified in Plan 4807 in the Central Plan Register.

(7B)  There is to be reserved to the public during daylight hours access over the land shown as lot 3 in Plan 4807 in the Central Plan Register.

(8)  There is reserved to the public at all times, in relation to the land referred to in items 3, 4, 8, 9, 10, 12 and 15 of Schedule 3 , a right of pedestrian access over the area of land 15 metres wide immediately above the high-water mark.

(8A)  There is reserved to the public at all times, in relation to the land referred to in item 2 of Schedule 3 , a right of pedestrian access over the area of land 15 metres wide immediately above the high-water mark except that area of land between points A and D shown as being on the high-water mark in Plan 3467 in the Central Plan Register.

(8B)  In relation to the land referred to in item 14 of Schedule 3 there is reserved to the public at all times –

(a) a right of access over all roads and vehicular tracks shown on Plan 6457 in the Central Plan Register; and

(b) a right of access over all reserved roads in existence at the commencement of the Aboriginal Lands Amendment Act 2004 ; and

(c) a right of pedestrian access over the area of land 15 metres wide immediately above the high-water mark except those areas of land shown as hatched on Plan 6457 in the Central Plan Register; and

(d) a right of pedestrian access over those areas of land shown as hatched on Plan 6457 in the Central Plan Register.

(9)  There is reserved to the Crown a right to construct and fence a road over the land referred to in item 11 of Schedule 3 as specified in Plan 3466 in the Central Plan Register and to carry out any preliminary investigation relating to the construction of a road on that land.

(10)  If the Crown exercises the right to construct and fence a road over the land referred to in subsection (9) –

(a) no compensation is payable to the Council; and

(b) the road, as constructed and fenced, becomes a highway, within the meaning of the Highways Act 1951 , and a road, within the meaning of the Roads and Jetties Act 1935 , and forms part of the East Derwent Highway.