(b) the
Crown Lands Minister is satisfied would be claimable Crown lands except for
the fact that the lands are needed, or likely to be needed, for the essential
public purpose of nature conservation.
(2) If the Aboriginal Land Council or
Councils making the claim agree to the imposition of the conditions that,
before the grant of a claim to lands to which this section applies, the
Aboriginal Land Council or Councils--
(a) must negotiate a lease of the lands,
that complies with the requirements of Part 4A of the NPW Act, with the
Minister administering that Act, and
(b) must agree--
(i) to enter into a
lease of the lands to the Minister administering the NPW Act in the terms
negotiated in accordance with paragraph (a), and
(ii) to the simultaneous
reservation or dedication of the lands under the NPW Act, and
(iii) to hold
the lands as lands reserved or dedicated under the NPW Act, and
(iv) to
comply with the requirements of the NPW Act and, in particular, the
requirements of Part 4A of that Act in relation to the lands,
Note : Part 4A of the NPW Act deals with lands,
reserved or dedicated under that Act, that are vested in an
Aboriginal Land Council or Councils and are leased by that Council or those
Councils to the Minister administering that Act.
(3) The Crown Lands Minister
must not grant a claim to lands to which this section applies unless the
Minister administering the NPW Act--
(a) has agreed to the reservation or
dedication of the lands under Division 4 of Part 4A of that Act, and
(b) has
notified the Crown Lands Minister in writing that a lease, negotiated in
pursuance of subsection (2) with the Aboriginal Land Council or Councils
concerned, is acceptable to the Minister and has been executed in escrow by
the proposed parties to it.
Note : Division 4 of Part 4A of the NPW Act deals
with the reservation or dedication and leasing under that Act of lands to
which section 36A applies that have been granted by the Crown Lands Minister
to an Aboriginal Land Council or Councils under this Act.
(4) If a claim by
one or more Aboriginal Land Councils relates partly to lands to which this
section applies and partly to other lands, nothing in this section prevents
the Crown Lands Minister from granting the claim--
(a) as to so much of the
lands to which this section applies--subject to and in accordance with this
section, and
(b) as to the balance of the lands--in accordance with the other
provisions of this Part.
(5) This section does not limit section 36 and the
provisions of that section (in so far as they are applicable) apply to the
lands to which this section applies, and to their transfer.
(6) Parts 3 and 4
do not apply to lands to which this section applies on and from the date of
their reservation or dedication under the NPW Act.
(7) In this section,
"claimable Crown lands" and
"Crown Lands Minister" have the same meanings as in section 36.
