Document ID: chunk:federal_register_of_legislation:C2004A03449:body:0:p21
Version: federal_register_of_legislation:C2004A03449
Segment Type: other
Provision Reference: 
Character Range: 48414–50920

far as it relates to a particular area of land until—
     (a) the claim, or the claim, in so far as it relates to the area of land, is withdrawn;
     (b) the Governor-General executes a deed of grant of an estate in fee simple in the area of land, or in an area of land that includes the area of land, under section 12;
     (c) the Commissioner informs the Minister, in the Commissioner's report to the Minister in respect of the claim, that the Commissioner finds that there are no Aboriginals who are the traditional Aboriginal owners of the area of land; or
     (d) where the Commissioner finds that there are Aboriginals who are the traditional Aboriginal owners of the area of land, or of an area of land that includes the area of land—the Minister determines, in writing, that the Minister does not propose to recommend to the Governor-General that a grant of estate in fee simple in the area of land, or in an area of land that includes the area of land, be made to a Land Trust.".

Entry, &c., on Aboriginal land
33. Section 70 of the Principal Act is amended by adding at the end the following sub-sections:
"(4) Where—
     (a) a person has an estate or interest in land, being land that the person is entitled, under sub-section (2), to enter and remain upon or being land in the vicinity of Aboriginal land; and
     (b) there is no practicable way of gaining access to the land in which the person has that estate or interest otherwise than by crossing Aboriginal land (not being land that is, or forms part of, land described in Schedule 1),
a person is entitled, for the purpose of gaining that access so as to enable the use or enjoyment of that estate or interest by the owner of that estate or interest, to enter that Aboriginal land and to cross it by a route—

     (c) that is agreed upon between the owner of that estate or interest and the Land Council in the area of which that Aboriginal land is situated; or
     (d) if that owner and that Land Council have failed to agree—that is determined by an Arbitrator appointed by the Minister.
"(5) The Minister shall not appoint a person to be an Arbitrator for the purposes of paragraph (4) (d) unless the Minister is satisfied that the person is in a position to deal impartially with the matter to be arbitrated.
"(6) In making a determination under paragraph (4) (d), the matters that the Arbitrator shall take into account include—
     (a) the location of any sacred site; and
(b) the location of any residential area.
"(7) It