New South Wales Consolidated Acts

FORESTRY AND NATIONAL PARK ESTATE ACT 1998 - SECT 12

12 Transfer of former State forest and Crown lands to ownership of Local Aboriginal Land Councils

(1) The lands described in Schedule 6 are to be transferred to the relevant Local Aboriginal Land Council (as indicated in that Schedule) by the Crown Lands Minister in accordance with Division 2 of Part 6 of the Aboriginal Land Rights Act 1983 . For that purpose, the Crown Lands Minister is taken to have granted a claim under that Division for the lands (whether or not the lands are claimable Crown lands or any claim has in fact been made).

(2) The lands are to be transferred as soon as practicable after the commencement of this Part.

(3) The Crown Lands Minister may, in connection with the transfer of any such land, do any one or more of the following:

(a) cause the land to be surveyed and adjust the boundaries of the land described in Schedule 6 in accordance with the survey for the purpose of the transfer of the land,

(b) exclude from the transfer:

(i) an area within the East Boyd State Forest of approximately 20 hectares for purposes of, or associated with, a wharf, or

(ii) any other part of the land that is subject to an existing interest immediately before the transfer,

(c) make the transfer subject to any such existing interest,

(d) make the transfer subject to any condition relating to the use of the land for a government purpose, whether by way of the creation of an easement, covenant, lease or other interest in or affecting the land.

(4) In this section, "Crown Lands Minister" has the same meaning it has in section 36 of the Aboriginal Land Rights Act 1983 .