Document ID: chunk:federal_register_of_legislation:C2024C00794:section:10:p1
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 10 (pt 1/3)
Character Range: 47127–49614

10  Recommendations for grants of land described in Schedule 1
 (1) Where:
 (a) either:
 (i) a Land Trust has been established in respect of land constituting, or included within, an area of land described in Schedule 1 (other than an area of land described under the heading 'JABIRU' in Part 4 of Schedule 1); or
 (ii) the Minister has, under subsection (2AA), determined that a specified existing Land Trust should hold a specified area of land described in Schedule 1; and
 (b) subsection (2) does not apply in relation to that land or applies in relation to a part only of that land;
the Minister shall recommend to the Governor‑General that a grant of an estate of fee simple in that land, or in the part of that land to which subsection (2) does not apply, be made to that Land Trust.
 (2) Where:
 (a) either:
 (i) a Land Trust has been established in respect of land constituting, or included within, an area of land described in Schedule 1 (other than an area of land described under the heading 'JABIRU' in Part 4 of Schedule 1); or
 (ii) the Minister has, under subsection (2AA), determined that a specified existing Land Trust should hold a specified area of land described in Schedule 1; and
 (b) a person (other than the Crown) has an estate or interest in the whole or a part of that land;
the Minister shall recommend to the Governor‑General that the Governor‑General execute a deed of grant of an estate in fee simple in that land, or that part of that land, to that Land Trust and deliver it to the Land Council for the area in which that land, or that part of that land, is situated to be held in escrow until all of the estates and interests in that land, or that part of that land, held by a person (other than the Crown) have come to an end, whether by surrender to the Crown or otherwise, and then to be delivered by the Land Council to that Land Trust.
 (2AA) The Minister may, by a determination in writing, specify an existing Land Trust, and an area of land described in Schedule 1, for the purposes of subparagraph (1)(a)(ii) or (2)(a)(ii). The determination is not a legislative instrument.
 (2AB) The Minister must recommend to the Governor‑General that a grant of an estate in fee simple in the land described in paragraphs (a) and (c) under the heading "JABIRU" in Part 4 of Schedule 1 be made to the Kakadu Aboriginal Land Trust.
 (2AC) The Minister must recommend to the Governor‑General that a grant of an estate in fee simple in the Jabiru town land be