Document ID: chunk:federal_register_of_legislation:C2024C00794:section:4:p1
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 4 (pt 1/3)
Character Range: 36372–38912

4  Land Trusts
 (1) The Minister may, by notice published in the Gazette, establish Aboriginal Land Trusts to hold title to land in the Northern Territory for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of the land concerned, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission, and, subject to subsections 10(1) and (2), shall so establish Land Trusts to hold the land described in Schedule 1.
 (1AA) A Land Trust to hold any Crown land described in Part 2 or 3 of Schedule 1 must be established not later than 2 years after the commencement of this subsection.
 (1AB) To avoid doubt, the Minister may establish a Land Trust under subsection (1) for the purpose of it holding land that is to be transferred to it under subsection 19(4).
 (1AC) If:
 (a) the Minister establishes a Land Trust (the new Land Trust) under subsection (1) for the purpose of it holding land that is to be transferred to it under subsection 19(4) by another Land Trust; and
 (b) the other Land Trust advises the Minister in writing that it is no longer going to transfer the land;
the Minister may, by written notice, abolish the new Land Trust.
 (1A) Nothing in this Act shall be taken to imply that the Minister cannot establish, under this section, Land Trusts to hold different areas of land each of which is included within a single area of land that is described in Schedule 1.
 (1B) Where:
 (a) the traditional Aboriginal owners of an area of land constituting the whole or a part of the land that is held by a Land Trust are also the traditional Aboriginal owners of an area of land constituting the whole or a part of land that is held by another Land Trust or in which an estate in fee simple would be likely, but for the operation of this subsection, 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 subsection (1C) to effect that amalgamation.
 (1C) Where the Minister, upon receiving a request to take action under this subsection 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