ABORIGINAL LAND ACT 1991 - SECT 61 Deciding whether claim duly made

ABORIGINAL LAND ACT 1991 - SECT 61

61 Deciding whether claim duly made

(1) If a claim is made to the chief executive, the chief executive must decide whether the claim appears to be duly made.

(2) If the chief executive is satisfied that the claim appears to be duly made, the chief executive must accept the application and refer the claim to the Land Tribunal.

(3) If the chief executive is not satisfied, the chief executive must refuse to accept the application.

(4) The chief executive must notify the claimants, in writing, of his or her decision.

(5) If the chief executive refuses to accept the application, the chief executive must also notify the claimants, in writing, of his or her reasons for refusing to accept the application.

(6) If the chief executive refuses to accept the application, the claimants may ask the chairperson of the Land Tribunal to decide whether the claim is duly made.

(7) If the chairperson decides that the claim is duly made, the chairperson must direct the chief executive to accept the application under subsection (2) .

(8) If the chairperson decides that a claim is not duly made, the chairperson must notify the claimants, in writing, of his or her reasons for refusing to accept the application.

(9) Despite subsection (1) , if a recommendation has been made to the Minister under section 71 for a grant in fee simple, another claim may not be duly made over the same land.

(10) Nothing in this section prevents the chief executive from accepting an application if—

(a) a claim (the
"repeat claim" ) has been made to the chief executive under section 59 and it appears to the chief executive that the land to which the claim relates is completely or partly the same as land that has previously been claimed (the
"previous claim" ); and

(b) no recommendation was made to the Minister under section 71 about the previous claim.