ABORIGINAL LAND ACT 1991 - SECT 39
Appointment of registered native title body corporate as grantee to hold land for native title holders
ABORIGINAL LAND ACT 1991 - SECT 39
Appointment of registered native title body corporate as grantee to hold land for native title holders
39 Appointment of registered native title body corporate as grantee to hold
land for native title holders
(1) This section applies to transferable land if—
(a) under the Commonwealth
Native Title Act , a determination has been made that native title exists in
relation to all or a part of the land; and
(b) there is a registered native
title body corporate for the determination.
(2) The Minister may, with the
consent of the registered native title body corporate, appoint the body
corporate to be the grantee of the land under a deed of grant prepared under
section 38.
(3) If the Minister appoints the registered native title body
corporate to be the grantee of the land under this section, the body corporate
holds the land for the native title holders of the land the subject of the
determination mentioned in subsection (1) (a) .
(4) In considering whether to
appoint a registered native title body corporate under this section, the
Minister may have regard to any matter the Minister considers relevant to the
proposed appointment, including, for example—
(a) whether the making of the
proposed appointment was a matter relevant to the native title claim under the
Commonwealth Native Title Act that resulted in the determination that native
title existed in relation to all or a part of the land; and
(b) whether any
Aboriginal people particularly concerned with the land, other than the native
title holders of the land, may be adversely affected by the proposed
appointment; and
(c) if the Minister is satisfied Aboriginal people
particularly concerned with the land will be adversely affected by the
proposed appointment—any action the registered native title body corporate
intends to take to address the concerns of the Aboriginal people.