Document ID: chunk:federal_register_of_legislation:C2021C00271:section:29
Version: federal_register_of_legislation:C2021C00271
Segment Type: section
Provision Reference: s 29
Character Range: 45223–47154

29  Grant of rights and interests in land to original owners

Grant of estate in fee simple
 (1) If the Minister makes a declaration under subsection 28(1), then at the time the declaration takes effect:
 (a) an estate in fee simple is granted, by force of this subsection, in the specified land to the specified Land Trust; and
 (b) the land is taken, for all purposes, to be Aboriginal land.
 (2) The estate in fee simple is subject to the reservations that:
 (a) the right to any minerals existing in their natural condition, or in a deposit of waste material obtained from any underground or surface working, on or below the surface of the land, being minerals all interests in which are vested in the Commonwealth, remains with the Commonwealth; and
 (b) rights to explore for minerals, and leases or licences to mine for minerals, on or below the surface of the land may be granted under section 124 of the Lands Acquisition Act 1989.

Grant of other rights and interests
 (3) If the Minister makes a declaration under subsection 28(2), then at the time the declaration takes effect, any rights and interests:
 (a) that are held by the Commonwealth in the specified land; and
 (b) that were acquired by the Commonwealth, under section 19, in the specified land from the specified Land Trust or another Land Trust;
are granted, by force of this subsection, in the specified land to the specified Land Trust.

Validity of earlier rights, interests and actions
 (4) The granting of rights and interests in land under subsection (1) or (3) does not affect:
 (a) the validity of any rights or interests acquired, created or granted (whether under this Act or otherwise) in relation to the land; or
 (b) the validity of the construction, operation, maintenance, decommissioning or abandoning of a facility on the land, or the doing of any other thing in relation to the land;
before the declaration under section 28 takes effect.