Document ID: chunk:federal_register_of_legislation:C2024C00794:section:12:p5
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 12 (pt 5/5)
Character Range: 75692–77471

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 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.
 (3B) However, subsections (3) and (3A) do not apply to a deed of grant arising from a recommendation under section 11B.
 (4) A deed of grant under this section takes effect:
 (a) where a deed is delivered by the Governor‑General to the grantee—on the date on which it is so delivered; or
 (b) in any other case—on the date on which it is delivered by a Land Council to the grantee in accordance with the condition subject to which it was delivered to the Land Council by the Governor‑General.
 (5) On the application of a Land Trust to which has been delivered a deed of grant of an estate in land executed by the Governor‑General under this section, whether the delivery was by the Governor‑General or by a Land Council, the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land shall register and otherwise deal with that deed of grant under that law according to its tenor.
 (6) In this section, a reference to a delivery of a deed by a person shall be read as including a reference to a delivery of the deed by the duly authorized agent of the person.
 (7) In this section, Schedule 1 land means land that is, or forms part of, an area of land described in Schedule 1.