ABORIGINAL LAND ACT 1991 - SECT 42
Minister to act as soon as possible
ABORIGINAL LAND ACT 1991 - SECT 42
Minister to act as soon as possible
42 Minister to act as soon as possible
(1) The Minister must, as soon as practicable after the commencement of
sections 38and 40, give all necessary directions under section 38, and make
all necessary appointments under section 39or 40, in relation to land that
is transferable land on the enactment day.
(2) If, under section 10(1) (c)
or 12, land becomes transferable land after the enactment day, the Minister
must, as soon as practicable after the land becomes transferable land, give
all necessary directions under section 38, and make all necessary
appointments under section 39or 40, in relation to the land.
(3) However,
the Minister need not act as mentioned in subsections (1) and (2) in relation
to land until the Minister is reasonably satisfied—
(a) arrangements are in
place to ensure—
(i) the Commonwealth and the State can continue to provide
services to communities on the land after it is granted; and
(ii) the local
government for the area in which the land is situated can continue to provide
local government services to communities on the land after it is granted; and
Example of an arrangement for paragraph (a)—
a lease
(b) if the land is
proposed to be granted to an entity other than a registered native title body
corporate, arrangements that the Minister considers necessary—
(i) to
support use of the land by Aboriginal people particularly concerned with it;
and
(ii) to ensure appropriate services, including, for example, social
housing, public works and community infrastructure, can be provided for
communities on the land;
are in place to deal with matters relevant to the
use of the land after it is granted; and
Example of an arrangement for
paragraph (b)—
an ILUA
(c) if the land is or includes township land,
arrangements are in place to provide for—
(i) the land to continue to be
used as township land; and
(ii) residents of the township land to continue to
live on and access the land, and obtain tenure over the land under this Act.
Examples of an arrangement for paragraph (c)—
an ILUA, a townsite lease or
another lease
(4) In this section—
"local government services" includes any services a local government might
ordinarily provide for the community in its local government area.