Document ID: chunk:federal_register_of_legislation:C2024C00794:section:11:p1
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 11 (pt 1/5)
Character Range: 52196–54754

11  Recommendations for grants of Crown land other than Schedule 1 land and former public roads
 (1) Where:
 (a) a Commissioner has, before the commencement of the Aboriginal Land Rights Legislation Amendment Act 1982, recommended, or, after the commencement of that Act, recommends, to the Minister in a report made to the Minister under paragraph 50(1)(a) that an area of Crown land should be granted to a Land Trust for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of that area of land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission; and
 (b) the Minister is satisfied that the land (the divisible land), or a part (also the divisible land) of the land, should be granted to one or more new or existing Land Trusts so that each Land Trust holds the land granted to it for the benefit of Aboriginals who are the relevant Aboriginals in relation to the land granted to it;
the Minister shall:
 (c) do either or both of the following:
 (i) establish the one or more Land Trusts under section 4;
 (ii) make a determination in writing specifying the one or more existing Land Trusts;
  that are to hold the divisible land or parts of the divisible land for the benefit of Aboriginals who are the relevant Aboriginals in relation to the divisible land or the parts of the divisible land; and
 (d) if the divisible land or a part of the divisible land proposed to be held by a Land Trust referred to in paragraph (c) is not, and does not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust; and
 (e) if the divisible land or a part of the divisible land proposed to be held by a Land Trust referred to in paragraph (c) is, or includes, alienated Crown land:
 (i) ensure that the estates and interests in that land or part of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and
 (ii) after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust.
 (1AA) Where the Minister has, before the commencement of this subsection, taken action, or, after that commencement, takes action, in pursuance of subsection (1) in relation to a part or parts of the area of land to which a recommendation that is contained in a report made to the Minister by a Commissioner under paragraph 50(1)(a) relates,