ABORIGINAL LAND ACT 1991 - SECT 188
Mortgage of trustee (Aboriginal) lease
ABORIGINAL LAND ACT 1991 - SECT 188
Mortgage of trustee (Aboriginal) lease
188 Mortgage of trustee (Aboriginal) lease
(1) Subject to subsection (2) , a lessee of Aboriginal trust land may, under
the Land Act , chapter 6 , part 4 , division 4 , mortgage a trustee
(Aboriginal) lease.
(2) For mortgaging a trustee (Aboriginal) lease—
(a)
the Land Act , chapter 6 , part 4 , division 4 , applies—
(i) as if the
reference in section 345 (2) to the Minister were a reference to the trustee;
and
(ii) as if section 346 (1) provided that the mortgagee may offer the
lease for sale by public auction or may sell the lease by private contract;
and
(iii) as if the reference in section 346 (3) to a person qualified under
the Land Act to hold the lease were a reference to a person entitled under
this Act to a grant of the lease; and
(iv) as if section 347 were omitted;
and
(b) section 182applies as if the reference in section 182(1) to
Aboriginal land were a reference to Aboriginal trust land.