Document ID: chunk:federal_register_of_legislation:C2004A02273:body:0:p3
Version: federal_register_of_legislation:C2004A02273
Segment Type: other
Provision Reference: 
Character Range: 4614–7161

(b) land on which there was, at the time of the execution of the deed of grant, a road over which the public had, at that time, a right of way.
"(2) The jurisdiction conferred by sub-section (1) shall be exercised in accordance with the Supreme Court Act 1979 of the Northern Territory.

Effect of agreement or order
"12ac. (1) On the publication in the Gazette of an agreement in accordance with section 12aa or the coming into effect of an order under section 12ab, not being an agreement or order relating to a deed of grant that has been registered in accordance with sub-section 12(5), the land the subject of the agreement or order shall, for all purposes, be deemed to be, and always to have been, land coming within the terms of the exclusion set out, in accordance with sub-section 12(3a), in the deed of grant to which the agreement or order relates.
"(2) Where an agreement under section 12aa that has been published in the Gazette or an order under section 12ab that has come into effect relates to a deed of grant that has been registered in accordance with sub-section 12(5), a party to the agreement or the person who obtained the order may lodge the agreement or order, as the case may be, with the Registrar-General or other appropriate officer under the law of the Northern Territory relating to the transfer of land, and, on that lodgement, the Registrar-General or other appropriate officer shall—
    (a) call in the deed of grant; and
    (b) enter on the deed of grant and in the register book a memorandum setting out the terms of the agreement or order, as the case may be.
"(3) On the entering of a memorandum under sub-section (2), the land the subject of the agreement or order to which the memorandum relates shall, for all purposes, be deemed to be, and always to have been, land coming within the terms of the exclusion set out, in accordance with sub-section 12(3a), in the deed of grant to which the agreement or order, as the case may be, relates.".

Powers of Land Council
5. Section 27 of the Principal Act is amended by adding at the end thereof the following sub-section:
"(4) The Minister shall not give an approval under sub-section (3) with respect to entering into a contract relating to Aboriginal land unless he is satisfied that the Land Council concerned has, in taking the action that has resulted in the proposed contract, complied with any duty imposed on it by subsection 23(3).".

Payments in respect of granting of mining interests
6. Section 43 of the Principal Act is amended by adding at the