ABORIGINAL LAND RIGHTS ACT 1983 - SECT 42M Registration of dealings and instruments

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 42M

42M Registration of dealings and instruments

(1) The Registrar-General must, if an Aboriginal Land Council is the registered proprietor of an estate in fee simple in land, make a recording in the Register to the following effect--

(a) that the land is subject to this Division,

(b) that a registrable instrument may not be registered, or a recording in respect of a registrable instrument may not be made, unless the Registrar-General is satisfied that a registration approval certificate has been obtained or is not required.

(2) The Registrar-General must not register a registrable instrument in relation to land referred to in subsection (1) if the registered proprietor of the land is an Aboriginal Land Council, unless the registrable instrument is accompanied by--

(a) a registration approval certificate, or

(b) a statement signed by the Chief Executive Officer of the New South Wales Aboriginal Land Council that the instrument gives effect to or forms part of a land dealing for which a registration approval certificate is not required under this Division.

Note : If the registered proprietor of land is an Aboriginal Land Council, an instrument or plan affecting the land that is accompanied by a registration approval certificate or the signed statement referred to above has on registration or recording all the protections afforded under the Real Property Act 1900 .

(3) Despite section 42 of the Real Property Act 1900 or any other Act, the registration of a registrable instrument, or the making of a recording, that is prohibited by this section has no effect and does not create or pass or otherwise affect any estate or interest in the land of any registered proprietor of the land, as otherwise recorded under the Real Property Act 1900 .

(4) In this section,
"register" a registrable instrument means--

(a) register the instrument in the Register or under the Conveyancing Act 1919 , or

(b) make a recording in the Register in respect of any such instrument, or

(c) register a plan under Division 3 of Part 23 of the Conveyancing Act 1919 .

(5) This section does not affect the operation of any other prohibition or restriction relating to transfers or other dealings with land under this or any other Act.