Document ID: chunk:federal_register_of_legislation:C2004A02273:body:0:p5
Version: federal_register_of_legislation:C2004A02273
Segment Type: other
Provision Reference: 
Character Range: 9401–12102

delivered by the Governor-General to the grantee or to the Land Council concerned, the Minister shall, as soon as practicable after the commencement of this section, recommend to the Governor-General that a grant of an estate in fee simple in the land to which the first deed of grant relates be made to the Land Trust named in the first deed of grant as if the first deed of grant had not been executed.
(2) Where the Minister, in considering the making of a recommendation under sub-section (1) in relation to land, is satisfied that the first deed of grant in relation to the land—
    (a) does not include land that was required to be included in accordance with the Aboriginal Land Rights (Northern Territory) Act 1976; or
    (b) includes land that was not authorized to be included in accordance with the Aboriginal Land Rights (Northern Territory) Act 1976,
the Minister shall, in making the recommendation under sub-section (1)—
    (c) include in that recommendation the land referred to in paragraph (a); or
    (d) exclude from that recommendation the land referred to in paragraph (b),
    as the case may be.
(3) Section 12 of the Aboriginal Land Rights (Northern Territory) Act 1976 applies in relation to a recommendation under sub-section (1) of this section in relation to land—
    (a) as if—
        (i) where the first deed of grant in relation to the land was delivered by the Governor-General to the grantee—the recommendation were a recommendation under sub-section 10 (1) of that Act; or
        (ii) in any other case—the recommendation were a recommendation under sub-section 10 (2) of that Act and included a recommendation for the delivery of the deed of grant of the land in accordance with the requirements of that sub-section in relation to recommendations under that sub-section; and
    (b) as if the first deed of grant in relation to the land had not been executed.
(4) A deed of grant of land under section 12 of the Aboriginal Land Rights (Northern Territory) Act 1976 that is executed in accordance with a recommendation under sub-section (1) of this section (in this section referred toas "the second deed of grant" in relation to the land) shall, in addition to setting out the exclusion required by sub-section 12(3a) of that Act, identify, and exclude from the grant, any land that was identified in, and expressed to be excluded from, the first deed of grant in relation to the land.
(5) Where the second deed of grant in relation to land is delivered by the Governor-General to the grantee in accordance with section 12 of the Aboriginal Land Rights (Northern Territory) Act 1976, then, subject to sub-section (6)—
    (a) on that delivery, notwithstanding