Document ID: chunk:federal_register_of_legislation:C2023C00222:section:38
Version: federal_register_of_legislation:C2023C00222
Segment Type: section
Provision Reference: s 38
Character Range: 57937–60196

38  Dealings in Aboriginal Land by Council
 (1) Except as provided by this Part, the Council shall not deal with or dispose of, or agree to deal with or dispose of, any estate or interest in Aboriginal Land.
 (2) Subject to this section, the Council may grant a lease of Aboriginal Land (other than land within the Booderee National Park or the Booderee Botanic Gardens):
 (a) to a registered member or registered members for use for domestic purposes;
 (b) to a registered member or registered members for use for business purposes;
 (c) to a registered member or registered members for use for the benefit of the members, or of a significant number of the members, of the Community;
 (d) with the consent in writing of the Minister—to a person other than a registered member, or to persons at least one of whom is not a registered member, for use for domestic purposes;
 (e) with the consent in writing of the Minister—to a person other than a registered member, or to persons at least one of whom is not a registered member, for use for business purposes; or
 (f) to the Commonwealth or an Authority.
 (3) Except with the consent of the Minister, the term of a lease shall not exceed:
 (a) in the case of a lease to which paragraph (2)(a) applies—99 years;
 (b) in the case of a lease to which paragraph (2)(b) or (c) applies—25 years; or
 (c) in any other case—15 years.
 (4) The Council may grant a person a licence to use Aboriginal Land (other than land within the Booderee National Park or the Booderee Botanic Gardens).
 (5) Where the Council grants a lease of, or a licence to use, Aboriginal Land to the Commonwealth or to an Authority under this section, the rent and other amounts payable under the lease or licence shall be determined by the Minister.
 (5A) A lease granted under this section must:
 (a) be in writing; and
 (b) include the term of the lease; and
 (c) include the other terms and conditions of the lease.
 (6) The Lands Acquisition Act 1989 does not apply to the grant of a lease under this section.
 (7) The Residential Tenancies Act 1997 (ACT) does not apply to a lease granted under this section if:
 (a) the lease is a lease to which paragraph (2)(a), (c) or (d) applies; and
 (b) the term of the lease is 40 years or more.