Document ID: chunk:federal_register_of_legislation:C2024C00794:section:68
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 68
Character Range: 383883–385718

68  Roads over Aboriginal land
 (1) A road shall not be constructed over Aboriginal land unless the Land Council for the area in which the land is situated consents, in writing, to the construction.
 (1A) A major upgrade of a road over Aboriginal land must not be carried out unless the Land Council for the area in which the land is situated consents, in writing, to the upgrade.
 (2) A Land Council shall not give a consent referred to in subsection (1) or (1A) unless the Land Council is satisfied that:
 (a) the traditional Aboriginal owners (if any) of the land concerned understand the nature and purpose of the proposal to construct or upgrade the road and, as a group, consent to it; and
 (b) any Aboriginal community or group that may be affected by the construction or upgrade of the road has been consulted and has had adequate opportunity to express its view to the Land Council.
 (3) A person, other than an Aboriginal, is not entitled, unless the Minister otherwise directs, to use a road constructed or upgraded in accordance with a consent given by a Land Council under subsection (1) or (1A) except as provided by this Part or by or under a law of the Northern Territory.
 (4) This section does not apply in relation to the construction, upgrade or use of a road over Aboriginal land in which a person other than a Land Trust has an estate or interest if the construction, upgrade or use:
 (a) where the estate or interest is a mining interest—is authorized by a law of the Northern Territory;
 (b) where the estate or interest is an interest arising out of the operation of the Atomic Energy Act 1953 or any other Act authorizing mining for minerals—is authorized by or under that Act; or
 (c) in any other case—is necessary for the use or enjoyment of the estate or interest by the owner of the estate or interest.