Document ID: chunk:federal_register_of_legislation:C2024C00794:section:70:p3
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 70 (pt 3/3)
Character Range: 391880–393363

that Aboriginal land and to cross it by a route:
 (c) that is agreed upon between the owner of that estate or interest and the Land Council in the area of which that Aboriginal land is situated; or
 (d) if that owner and that Land Council have failed to agree—that is determined by an Arbitrator appointed by the Minister.
 (5) The Minister shall not appoint a person to be an Arbitrator for the purposes of paragraph (4)(d) unless the Minister is satisfied that the person is in a position to deal impartially with the matter to be arbitrated.
 (6) In making a determination under paragraph (4)(d), the matters that the Arbitrator shall take into account include:
 (a) the location of any sacred site; and
 (b) the location of any residential area.
 (7) It is the intention of the Parliament that a route that is agreed upon under subsection (4), or determined under that subsection by an Arbitrator, is not to be taken to be, and, subject to section 68, shall not become, a road over which the public has a right of way.
 (8) A reference in this section to an estate or interest in Aboriginal land includes a reference to:
 (a) a licence granted under section 19; and
 (b) a licence granted by the lessee of a lease granted under section 19A; and
 (c) a licence granted by a sublessee of a sublease of a lease referred to in paragraph (b); and
 (d) a licence of a kind prescribed by the regulations for the purposes of this paragraph.
 (9) Subsection (8) does not limit section 66.