Commonwealth Numbered Acts

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT 1987 No. 40 of 1987 - SECT 9

9. Section 12 of the Principal Act is amended -

   (a)  by omitting from paragraph (1) (a) "or section 11" and substituting
        "or (2A) or section 11, not being a recommendation that includes a
        recommendation under sub-section 11 (5)";

   (b)  by omitting from paragraph (1) (a) "or" (last occurring);

   (c)  by inserting after paragraph (1) (a) the following paragraph:

"(aa) in the case of a recommendation under section 11 that includes a
recommendation under sub-section 11 (5) - execute a deed of grant of an estate
in the land in accordance with the recommendation and, if the Governor-General
is satisfied that the condition specified in the recommendation has been
complied with, deliver it to the grantee; or";
(d) by inserting in paragraph (1) (b) "or (2B)" after "10 (2)"; and

   (e)  by inserting after sub-section (1) the following sub-sections:

"(1A) Where the Governor-General, pursuant to a recommendation made under
sub-section 10 (2A) or (2B) or 11 (1B), executes a new deed of grant or new
deeds of grant under this section in lieu of an existing deed of grant and
delivers that new deed of grant or each of those new deed of grant to a Land
Trust or to a Land Council in accordance with this section then, with effect
from the date of delivery of that new deed or of each of those new deeds to
that Land Trust or to that Land Council -

   (a)  that existing deed of grant shall be taken, by force of this
        sub-section, to have been revoked;

   (b)  any Land Trust that had been established to hold land to which that
        existing deed of grant related, being a Land Trust established to hold
        only areas of land to which the new deed of grant relates or the new
        deeds of grant relate and not being a Land Trust the boundaries of
        which have been varied, shall be taken to be dissolved;

   (c)  any right, title or other interest in an area of land to which the
        existing deed of grant related is preserved as a right, title or
        interest in that area in the new deed of grant or in such of the deeds
        of grant as relate to that area; and

   (d)  any reference in any document to the existing deed shall be read as a
        reference to the new deed or to the new deeds, as the case requires.

"(1B) Any agreement in respect to an area of land that is entered into by a
Land Trust that has been dissolved shall have the same force and effect, with
effect from the date of dissolution of the Land Trust, as the agreement would
have had if it had been entered into by the Land Trust that, after the
dissolution of the firstmentioned Land Trust held the land or by each of the
Land Trusts that, after the dissolution of the first-mentioned Land Trust,
held part of the land, to which the agreement related.".