Document ID: chunk:federal_register_of_legislation:C2007C00447:clause:1_192:p2
Version: federal_register_of_legislation:C2007C00447
Segment Type: clause
Provision Reference: sch 1 cl 192 (pt 2/3)
Character Range: 118077–120709

has been made under section 50 by or on behalf of Aboriginals claiming to have a traditional land claim to an area of land; and
 (b) the Commissioner is prevented, because of the operation of subsection 50(2C), from performing, or continuing to perform, a function under paragraph 50(1)(a) in relation to the application as it relates to land (the held land) in respect of which an estate or interest is held by or on behalf of Aboriginals; and
 (c) after the commencement of this subsection, either:
 (i) the Commissioner determines in writing that the Commissioner is satisfied that the consent referred to in subsection 50(2C) has been refused; or
 (ii) the Commissioner requests the applicants, in writing, to provide the consent referred to in subsection 50(2C) within 6 months of the making of the request and the Commissioner determines in writing that the consent is not provided within that period;
the traditional land claim, in so far as it relates to the held land, is taken to have been finally disposed of.

 (10) The Commissioner must provide a copy of a determination referred to in subsection (7), (8) or (9) to the applicants concerned and to the Chief Minister of the Northern Territory.

 (11) A determination under subsection (7), (8) or (9) is not a legislative instrument.

 (12) This subsection applies in relation to an application:
 (a) that was made under section 50 before the commencement of this subsection by or on behalf of Aboriginals claiming to have a traditional land claim to qualifying land (whether or not recommendations of the kind referred to in subparagraph 50(1)(a)(ii) have been made and whether or not the application covers other land); and
 (b) that was given the land claim number prescribed by the regulations.
The traditional land claim is taken to have been finally disposed of:
 (c) to the extent that it relates to qualifying land that is described in the regulations; and
 (d) on the day on which the regulations take effect.

 (13) To avoid doubt, if regulations are made for the purposes of subsection (12) in relation to a particular application, then later regulations may also be made for the purposes of that subsection in relation to that application.

 (14) In subsection (12):

qualifying land means one or more of the following:
 (a) land between the high and low water marks;
 (b) the whole or a part of either or both banks of one or more rivers or creeks;
 (c) the whole or a part of the bed of one or more rivers or creeks;
 (d) one or more islands in one or more rivers or creeks.

 (17) This subsection applies in relation to the application:
 (a) that was made