Document ID: chunk:federal_register_of_legislation:C2024C00514:section:7:p5
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 7 (pt 5/8)
Character Range: 35637–38248

only to, or for the benefit of, Aboriginal persons or Torres Strait Islanders; or
 (b) a freehold estate exists over the land, and the grant of the freehold estate took place under a law of the Commonwealth that makes provision for the grant of such things only to, or for the benefit of, Aboriginal persons or Torres Strait Islanders; or
 (c) the land is vested in a person, and the vesting took place under a law of the Commonwealth that makes provision for the vesting of land only in, or for the benefit of, Aboriginal persons or Torres Strait Islanders.
holder of a biodiversity certificate means the person recorded in the Register as the holder of the certificate.
indigenous land use agreement has the same meaning as in the Native Title Act 1993.
inland waters means waters within Australia other than waters of the sea.
inspector means a person appointed as an inspector under section 184.
land rights land means land where:
 (a) a freehold estate exists, or a lease is in force, over the land, where the grant of the freehold estate or lease took place under legislation that makes provision for the grant of such things only to, or for the benefit of, Aboriginal persons or Torres Strait Islanders; or
 (b) the land is vested in a person, where the vesting took place under legislation that makes provision for the vesting of land only in, or for the benefit of, Aboriginal persons or Torres Strait Islanders; or
 (c) neither paragraph (a) nor (b) applies, and the land is held expressly for the benefit of, or is held in trust expressly for the benefit of, Aboriginal persons or Torres Strait Islanders; or
 (d) the land is reserved expressly for the benefit of Aboriginal persons or Torres Strait Islanders; or
 (e) the land is specified in the rules.
This definition does not apply to the definition of Aboriginal land council or to section 92.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
lease, in relation to land rights land, includes:
 (a) a lease enforceable in equity; and
 (b) a contract that contains a statement to the effect that it is a lease; and
 (c) anything that, at or before the time of its creation, is, for any purpose, by a law of the Commonwealth, a State or a Territory, declared to be or described as a lease.
maintained project, in relation to a biodiversity maintenance declaration: see paragraph 154(1)(a).
methodology determination means a determination under subsection 45(1).
National Native Title Register has the same meaning as in the Native Title Act 1993.
native title has the same meaning as in the Native Title Act 1993.