ABORIGINAL LAND ACT 1991 - SECT 179 Decision-making by trustee

ABORIGINAL LAND ACT 1991 - SECT 179

179 Decision-making by trustee

(1) This section applies if this Act provides that the trustee of Aboriginal land is required to make a decision about the land, including, for example, a decision about any of the following—

(a) the way in which the trustee will consult about the making of a freehold instrument for the land;

(b) whether to grant an interest in the land;

(c) whether to consent to the creation of a mining interest in the land;

(d) whether to enter into an agreement about the land.

(2) The trustee must—

(a) have regard to—

(i) if the Aboriginal people for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or

(ii) if subparagraph (i) does not apply—any Aboriginal tradition, for decisions of that kind, of the Aboriginal people for whom the trustee holds the land; or

(b) if there is no decision-making process mentioned in paragraph (a) (i) or relevant Aboriginal tradition—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind.