ABORIGINAL LAND ACT 1991 - SECT 283
Rights of access to interests preserved
ABORIGINAL LAND ACT 1991 - SECT 283
Rights of access to interests preserved
283 Rights of access to interests preserved
(1) This section applies if—
(a) a person has an interest in land (the
"person’s land" ); and
(b) the person’s land is—
(i) surrounded by
Aboriginal land; or
(ii) in the vicinity of Aboriginal land and the only
practicable way of gaining access to the person’s land is across the
Aboriginal land.
(2) The person and the person’s officers, employees,
agents, servants, licensees and invitees are entitled, with or without
vehicles, machinery, plant and equipment (of any description), to enter and
cross Aboriginal land for the purpose of gaining access to the person’s land
by a route—
(a) that is agreed on from time to time by the trustee of the
Aboriginal land and the person; or
(b) if the trustee and the person fail to
agree within a reasonable time—that is determined by the Land Court on
application by the person.
(3) The trustee of Aboriginal land, other than a
registered native title body corporate, must not agree on a route for the
purposes of subsection (2) (a) unless—
(a) the trustee has explained to the
Aboriginal people particularly concerned with the land the purpose and effect
of the proposed route; and
(b) those Aboriginal people are given an adequate
opportunity to express their views on, and are generally in agreement with,
the proposed route.
(4) Contravention of subsection (3) does not invalidate
an agreement made for the purposes of subsection (2) (a) .
(5) If the only
practicable way of gaining access to the person’s land is across Aboriginal
land that is the subject of a townsite lease or other registered interest (
"relevant land" )—
(a) subsection (2) applies to the relevant land as if the
reference to the trustee of the Aboriginal land, or the trustee, were a
reference to the lessee of the townsite lease or the person registered in the
appropriate register as the holder of the other interest; and
(b) subsection
(3) does not apply.
(6) Subsection (5) does not affect the operation of
subsections (2) and (3) in relation to Aboriginal land that is not
relevant land.