Victorian Consolidated Legislation

Aboriginal Lands Act 1970 - SECT 9

Governor in Council to make Crown grants of reserves to Trusts

9. Governor in Council to make Crown grants of reserves to Trusts



(1) Notwithstanding anything to the contrary in the Land Act 1958 but subject
to this Act, the Governor in Council shall as soon as may be after the
appointed day issue a Crown grant of the lands constituting the Framlingham
reserve to the Framlingham Aboriginal Trust, and a Crown grant of the lands
constituting the Lake Tyers reserve to the Lake Tyers Aboriginal Trust.

(2) Any such grant may adjust the boundaries of a reserve as shown in the
First or Second Schedule in any respect in order to overcome any defect found
on survey.

(3) Any such grant may be made subject to such covenants conditions
reservations exceptions and restrictions as the Governor in Council thinks
fit.

(4) Without affecting the generality of subsection (3), there may be excepted
from any grant made under this section-

   (a)  in the case of the Framlingham reserve-any portion of the reserve
        which at the time of the grant lies within a distance of not more than
        two hundred links from the Hopkins River; and

   (b)  in the case of the Lake Tyers reserve-any portion of the reserve which
        at the time of the grant lies within a distance of not more than two
        hundred links from the high water mark of Lake Tyers.







(5) Notwithstanding anything to the contrary in any Act but subject to this
Act-

   (a)  the Framlingham Aboriginal Trust shall be entitled to be granted by
        the Governor in Council without fee a perpetual licence to occupy and
        use so much of the Framlingham reserve as is excepted pursuant to
        subsection (4) from any grant made in respect of the reserve; and

   (b)  the Lake Tyers Aboriginal Trust shall be entitled to be granted by the
        Governor in Council without fee a perpetual licence to occupy and use
        so much of the Lake Tyers reserve as is excepted pursuant to
        subsection (4) from any grant made in respect of the reserve.

(6) A licence granted to a Trust under subsection (5) may be revoked by the
Governor in Council if he thinks fit, but only in accordance with the
following provisions-

   (a)  the licence may be revoked as to the whole or any part of the land
        comprised therein at the request of the Trust;

   (b)  the licence may be revoked as to the whole or any part of the land
        comprised therein if at any time the Trust holds an estate in fee
        simple in less than-

   (i)  in the case of the Framlingham reserve-two hundred acres; or

   (ii) in the case of the Lake Tyers reserve-on thousand five hundred acres-

of the land granted to the Trust under this section; and



   (c)  the licence may be revoked as to any part of the land comprised
        therein if the Trust ceases to hold an estate in fee simple in the
        land abutting upon that part.

(7) No person other than the Trust, a member of the Trust or any person
authorized by the Trust shall be entitled to enter upon any land in respect of
which a licence granted under this section is in force.

Nature and Powers of Trusts