Document ID: chunk:federal_register_of_legislation:C2004A03449:body:0:p3
Version: federal_register_of_legislation:C2004A03449
Segment Type: other
Provision Reference: 
Character Range: 5455–8013

an estate in fee simple would be likely, but for the operation of this sub-section, to be granted to another Land Trust; and

     (b) those traditional Aboriginal owners are in favour of the amalgamation, within a single Land Trust, of the areas of which they are the traditional owners,
the Land Council or Land Councils in the area or areas of which the areas of land proposed for amalgamation are situated may request the Minister, in writing, to take action-under sub-section (1c) to effect that amalgamation.
"(1c) Where the Minister, upon receiving a request to take action under this sub-section to effect the amalgamation of the whole or parts of 2 or more areas of affected land, is of the opinion that, in all the circumstances of the case, it is appropriate to do so, the Minister may—
     (a) by notice published in the Gazette vary the specifications of the boundaries of a Land Trust established to hold affected land, with effect from the day upon which a new deed of grant, or new deeds of grant, relating to the land that that Land Trust was established to hold is or are delivered by the Governor-General in accordance with the recommendations of the Minister under sub-section 10 (2a) or 11 (1b), so that the boundaries as so varied of the land to be held by that Land Trust relate—
          (i) to all the land that is proposed to be amalgamated; or
          (ii) to any affected land that was held by that Land Trust but that is not proposed to be amalgamated with other land; or
     (b) by notice published in the Gazette pursuant to sub-section (1), establish a new Land Trust—
          (i) to hold all the land that is proposed to be amalgamated; or
          (ii) to hold any affected land that is not proposed to be amalgamated with other land.
"(1d) In sub-section (1c), 'affected land' means any area of land to which a deed of grant in fee simple under section 12, or an application referred to in paragraph 50 (1) (a), relates, being land the whole or a part of which is proposed to be amalgamated with other land.".

Recommendations for grants of Crown land described in Schedule 1
6. Section 10 of the Principal Act is amended by inserting after sub-section (2) the following sub-sections:
"(2a) Where an amalgamation in respect of which the Minister has taken action under sub-section 4 (1c) involves an area of land that was the subject of a deed of grant (in this sub-section referred to as the 'former deed') to an existing Land Trust, not being a deed of grant that is held in escrow by a Land Council, the Minister