ABORIGINAL LAND ACT 1991 - SECT 118
Devolution of granted land
ABORIGINAL LAND ACT 1991 - SECT 118
Devolution of granted land
118 Devolution of granted land
(1) This section applies if—
(a) a trustee holds granted land for the
benefit of a single group of Aboriginal people; and
(b) the last surviving
member of the group dies without leaving a descendant.
(2) The trustee holds
the land for the benefit of Aboriginal people particularly concerned with the
land unless the Minister decides, in writing, that the trustee holds the land
for a stated group of Aboriginal people.
(3) The chief executive must give
notice to the registrar about how the land is vested in the trustee.
(4) On
receiving the notice, the registrar must record in the freehold land register
how the land is vested in the trustee.
(5) Before making a decision under
subsection (2) , the Minister must consult with the Aboriginal people
particularly concerned with the land and, unless the Minister is satisfied
that exceptional circumstances exist that require the Minister to do
otherwise, must have regard to—
(a) any Aboriginal tradition applicable to
the land; and
(b) the views of the Aboriginal people to the extent they are
not inconsistent with the Aboriginal tradition.
