ABORIGINAL LAND ACT 1991 - SECT 55
Reservations of forest products and quarry material etc.
ABORIGINAL LAND ACT 1991 - SECT 55
Reservations of forest products and quarry material etc.
55 Reservations of forest products and quarry material etc.
(1) A deed of grant of transferred land may contain a reservation to the State
of forest products or quarry material above, on or below the surface of the
land only if the Minister declares that—
(a) the forest products or quarry
material is of vital State interest; and
(b) the rights in the forest
products or quarry material are reserved to the State.
(2) If a deed of grant
of transferred land does not contain a reservation of particular forest
products or quarry material above, on or below the land, the Minister may
declare that—
(a) the forest products or quarry material are of vital State
interest; and
(b) rights in the forest products or quarry material are
acquired by the State.
(3) If the Minister makes a declaration under
subsection (1) or (2) , the trustee of the land is entitled to be paid by the
State such reasonable compensation because of the reservation or acquisition
as is agreed between the State and the trustee or, failing agreement, as is
determined by the Land Court.
(4) Despite subsection (1) , a permit, lease,
licence, agreement or contract granted or made under the Forestry Act 1959,
before the day on which land became transferred land, in relation to the
getting and selling of forest products or quarry material above, on or below
the surface of the land, continues in force as if this section had not been
enacted.