Document ID: chunk:federal_register_of_legislation:C2024C00794:section:50:p3
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 50 (pt 3/3)
Character Range: 283023–284813

of that land or that part.
 (2E) Paragraph (2D)(b) does not apply in relation to:
 (a) a stock route or stock reserve that is, along each of its two longer boundaries, contiguous to land to which the application relates.
 (3) In making a report in connexion with a traditional land claim a Commissioner shall have regard to the strength or otherwise of the traditional attachment by the claimants to the land claimed, and shall comment on each of the following matters:
 (a) the number of Aboriginals with traditional attachments to the land claimed who would be advantaged, and the nature and extent of the advantage that would accrue to those Aboriginals, if the claim were acceded to either in whole or in part;
 (b) the detriment to persons or communities including other Aboriginal groups that might result if the claim were acceded to either in whole or in part;
 (c) the effect which acceding to the claim either in whole or in part would have on the existing or proposed patterns of land usage in the region; and
 (d) where the claim relates to alienated Crown land—the cost of acquiring the interests of persons (other than the Crown) in the land concerned.
 (4) In carrying out his or her functions a Commissioner shall have regard to the following principles:
 (a) Aboriginals who by choice are living at a place on the traditional country of the tribe or linguistic group to which they belong but do not have a right or entitlement to live at that place ought, where practicable, to be able to acquire secure occupancy of that place;
 (b) Aboriginals who are not living at a place on the traditional country of the tribe or linguistic group to which they belong but desire to live at such a place ought, where practicable, to be able to acquire secure occupancy of such a place.