ABORIGINAL LAND ACT 1991 - SECT 25
Agreement about particular land
ABORIGINAL LAND ACT 1991 - SECT 25
Agreement about particular land
25 Agreement about particular land
(1) The Minister may enter into a written agreement (an
"available State land agreement" ) about land, other than excluded land—
(a)
with a person who has an interest in the land granted by the State; and
(b)
under which the State and the person agree that the land may be available
State land.
(2) The Minister may enter into an available State land agreement
for particular land only if satisfied that entering into the agreement is
appropriate in the circumstances having regard to an evaluation of the land
under the Land Act , section 16 .
(3) An available State land agreement must
provide that on the grant of the land under part 4 the person’s interest in
the land is to cease and a new interest granted by the trustee of the land is
to have effect in substitution for the person’s interest.
(4) However, if
the interest is a lease granted under the Land Act the agreement may provide
that the lease is to continue in force under section 45 .
(5) Subsection (6)
applies if a proposed available State land agreement is to state that a
person’s interest in land is to cease and a new interest granted by the
proposed trustee of the land is to have effect in substitution for the
person’s interest.
(6) To remove any doubt, it is declared that the
Minister need not enter into the available State land agreement unless
satisfied a new interest granted by the proposed trustee of the land is to
have effect in substitution for the person’s interest in the land.
