ABORIGINAL LAND ACT 1991 - SECT 93 Transfer to entity to hold for benefit of Aboriginal people

ABORIGINAL LAND ACT 1991 - SECT 93

93 Transfer to entity to hold for benefit of Aboriginal people

(1) This section applies if the Minister does not transfer the land under section 92 to a registered native title body corporate.

(2) The Minister may transfer the land to—

(a) a CATSI corporation that is qualified to hold the land; or

(b) a land trust.

(3) However, the Minister may transfer the land to a CATSI corporation that is a registered native title body corporate under subsection (2) only 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 the CATSI corporation is the registered native title body corporate for the determination; or

(b) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation.

Examples of when it is appropriate for the land to be transferred to the CATSI corporation—

1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.

2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.

3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.

4 Anthropological research supports the CATSI corporation as being the appropriate transferee.

(4) Before transferring the land, the Minister must consult with, and consider the views of—

(a) if the land is transferred land—Aboriginal people particularly concerned with the land; or

(b) if the land is granted land—the group of Aboriginal people for whom the land is held.

(5) Also, in considering whether to transfer the land to a registered native title body corporate, the Minister may have regard to any matter the Minister considers relevant to the proposed transfer, including, for example—

(a) whether any Aboriginal people particularly concerned with the land may be adversely affected by the proposed transfer; and

(b) if the Minister is satisfied any Aboriginal people particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.

(6) In deciding to transfer land under this section, the Minister must have regard to any Aboriginal tradition applicable to the land.

(7) If the land is transferred under this section, the entity to whom the land is transferred holds the land for the benefit of the persons for whose benefit the land was held immediately before it was transferred.