Document ID: chunk:federal_register_of_legislation:C2004A03449:body:0:p7
Version: federal_register_of_legislation:C2004A03449
Segment Type: other
Provision Reference: 
Character Range: 14726–17398

granted to a Land Trust, direct the Land Trust to grant an estate or interest in that land to that person and that agreement shall specify the terms and conditions on which the proposed grant is to be made.
"(3) A Land Council shall not enter into an agreement under sub-section (2) unless it is satisfied that—
     (a) the traditional Aboriginal owners of the relevant land understand the nature and purpose of the proposed grant and, as a group, consent to it;
     (b) any Aboriginal community or group that may be affected by the proposed grant has been consulted and has had adequate opportunity to express its view to the Land Council; and
     (c) the terms and conditions on which the proposed grant is to be made are reasonable.
"(4) An agreement referred to in sub-section (2) is binding on any successors to the Land Council that entered into the agreement.

"(5) Where a Land Council has entered into an agreement under sub-section (2), it shall, immediately after the relevant land is granted to a Land Trust, give a direction in writing to the Land Trust to grant an estate or interest in the land on the terms and conditions set out in that agreement.
"(6) Where a Land Council, in entering into an agreement under sub-section (2), fails to comply with sub-section (3), that failure does not invalidate the entry by the Land Council into that agreement.
"(7) In this section, a reference to an estate or interest in land includes a reference to—
     (a) a mining interest; and
     (b) a licence granted in respect of that land.".

Grants of land to Land Trusts
9. Section 12 of the Principal Act is amended—
     (a) by omitting from paragraph (1) (a) "or section 11" and substituting "or (2a) or section 11, not being a recommendation that includes a recommendation under sub-section 11 (5)";
     (b) by omitting from paragraph (1) (a) "or" (last occurring);
     (c) by inserting after paragraph (1) (a) the following paragraph:
          "(aa) in the case of a recommendation under section 11 that includes a recommendation under sub-section 11 (5)—execute a deed of grant of an estate in the land in accordance with the recommendation and,, if the Governor-General is satisfied that the condition specified in the recommendation has been complied with, deliver it to the grantee; or";
     (d) by inserting in paragraph (1) (b) "or (2b)" after "10 (2)"; and
     (e) by inserting after sub-section (1) the following sub-sections:
     "(1a) Where the Governor-General, pursuant to a recommendation made under sub-section 10 (2a) or (2b) or 11 (1b), executes a new deed of grant or new deeds of grant under this section in lieu of an existing deed of