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NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 (NO. 129, 2007) - SECT 47

Vesting rights, titles and interests in land in the Commonwealth

             (1)  The Commonwealth Minister may, on behalf of the Commonwealth, give to the Northern Territory a notice specifying any of the following land that is the subject of a lease under the Special Purposes Leases Act or the Crown Lands Act:

                     (a)  land referred to in Part 4 of Schedule 1 to this Act;

                     (b)  any land in the Northern Territory prescribed by the regulations for the purposes of this section.

             (2)  A notice may specify land referred to in subsection (1) whether or not that land has been resumed or forfeited under the Special Purposes Leases Act or the Crown Lands Act.

             (3)  All rights, titles and interests in land that is specified in a notice given under subsection (1) are (subject to sections 48 and 51):

                     (a)  vested in the Commonwealth; and

                     (b)  freed and discharged from all other rights, titles and interests and from all trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates.

Note 1:       Native title rights and interests are dealt with in section 51.

Note 2:       The notice may specify rights, titles and interests that are to be preserved under section 48.

Note 3:       For the effect of Commonwealth and Northern Territory laws in relation to rights, titles and interests vested under this section, see Division 3.

             (4)  The vesting takes effect, by force of this subsection, at the time specified in the notice (which must not be earlier than the day on which the notice is given to the Northern Territory).

             (5)  A copy of a notice given under subsection (1) must be published in the Gazette of the Commonwealth within 7 days of the notice being given to the Northern Territory.

             (6)  Failure to comply with subsection (5) does not invalidate a notice.

             (7)  A notice given under subsection (1) is not a legislative instrument.

             (8)  The Commonwealth Minister may give a notice under subsection (1) only if the notice is given:

                     (a)  for land referred to in paragraph (1)(b)--after the end of the disallowance period for the regulations; and

                     (b)  in any case--before the end of the period of 5 years beginning on the day on which this section commences.

             (9)  In this section, a reference to rights, titles and interests in land does not include a reference to rights, titles and interests in relation to minerals, petroleum or gas (including rights, titles or interests to explore, prospect, mine, mine for, or extract, minerals, petroleum or gas).



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