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Aboriginal Land Rights (Northern Territory) Amendment Act 1980

No. 72 of 1980

An Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976

[Assented to 28 May 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.
1. (1) This Act may be cited as the Aboriginal Land Rights (Northern Territory) Amendment Act 1980.
(2) The Aboriginal Land Rights (Northern Territory) Act 1976 is in this Act referred to as the Principal Act.

Commencement
2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Sections 3, 6, 7, 8 and 9 shall be deemed to have come into operation on 26 January 1977.

Grants of land to Land Trusts
3. Section 12 of the Principal Act is amended—
    (a) by omitting sub-section (2) and substituting the following sub-sections:
    "(2) A deed of grant under this section shall be expressed to be subject to the reservation that—
        (a) the right to any minerals existing in their natural condition, or in a deposit of waste material obtained from any underground or surface working, on or below the surface of the land, being minerals all interests in which are vested in the Commonwealth, remains with the Commonwealth; and
        (b) the right to any minerals existing in their natural condition, or in a deposit of waste material obtained from any underground or surface working, on or below the surface of the land, being minerals all interests in which are vested in the Northern Territory, remains with the Northern Territory;
    "(2aa) For the purposes of the operation of sub-section (2), any interest in minerals vested in a person, other than the Commonwealth or the Northern Territory, shall be disregarded, and any reservation inserted in a deed of grant in accordance with that sub-section is subject to such an interest.";

    (b) by omitting sub-section (3) and substituting the following sub-sections:
    "(3) A deed of grant under this section in respect of land that is not Schedule 1 land—
        (a) shall identify any land on which there is, at the time of the execution of the deed of grant, a road over which the public has a right of way; and
        (b) shall be expressed to exclude such land from the grant.
    "(3a) A deed of grant under this section in respect of Schedule 1 land shall be expressed to exclude from the grant—
        (a) any land on which there was, at the time of the commencement of section 3, a road over which public had, at that time, a right of way; and
        (b) any land on