Document ID: chunk:federal_register_of_legislation:C2024C00794:section:19:p3
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 19 (pt 3/4)
Character Range: 115736–118210

express its view to the Land Council; and
 (c) in the case of a grant of an estate or interest—the terms and conditions on which the grant is to be made are reasonable.
 (6) Where a Land Council, in giving a direction for a proposed grant, transfer or surrender of an estate or interest in land, fails to comply with subsection (5), that failure does not invalidate that grant, transfer or surrender unless the person to whom the grant, transfer or surrender was made procured the direction of the Land Council by fraud.
 (7) The consent of the Minister is not required for the grant under subsection (2), (3) or (4A) of an estate or interest the term of which does not exceed 40 years.
 (8) The grantee of an estate or interest under this section is not empowered to transfer his or her interest as such grantee to another person, or to grant to another person an interest dependent upon his or her interest as such grantee, except with the consent, in writing, of the relevant Land Council and, if the consent of the Minister was required to the grant of that estate or interest to the grantee, the consent, in writing, of the Minister.
 (8A) A Land Council may give a consent under subsection (8) at the time it gives a direction under subsection (2), (3) or (4A) or at any later time.
 (8B) The Minister may give a consent under subsection (8) at the time he or she gives a consent under subsection (2), (3) or (4A) or at any later time.
 (8C) A consent of the Minister or a Land Council under subsection (8) relating to a transfer or grant may:
 (a) be general; or
 (b) be expressed to be limited to a specified person or a person included in a specified class.
 (9) Where a grant of an estate or interest is invalidated, by virtue of subsection (6), on account of fraud, that invalidity does not affect the rights of a person who has, for value and without notice of the fraud, accepted the transfer of that estate or interest or been granted an interest dependent upon that estate or interest.
 (9A) When the Minister is satisfied that a Land Council has refused, or is unwilling, to give a direction under subsection 11A(5) to a Land Trust to grant an estate or interest in land in accordance with an agreement entered into by the Land Council under subsection 11A(2), the Minister shall, in the name of, and on behalf of, that Land Council, give the Land Trust that direction.
 (9B) Where the Minister is satisfied that a Land Trust has refused, or is unwilling, to