Document ID: chunk:federal_register_of_legislation:C2004A02273:body:0:p2
Version: federal_register_of_legislation:C2004A02273
Segment Type: other
Provision Reference: 
Character Range: 2422–4817

expressed to exclude from the grant—
        (a) any land on which there was, at the time of the commencement of section 3, a road over which public had, at that time, a right of way; and
        (b) any land on which there is, at the time of the execution of the deed of grant, a road over which the public has a right of way.";
     and
    (c) by adding at the end thereof the following sub-section:
    "(7) In this section, 'Schedule 1 land' means land that is, or forms part of, an area of land described in Schedule 1.".
4. After section 12 of the Principal Act the following sections are inserted:

Agreements with respect to roads on land described in Schedule 1
"12aa. (1) Where a deed of grant of land sets out an exclusion in accordance with sub-section 12 (3a), the Land Council in the area of which the land is situated and the Northern Territory may, at any time, agree with each other that a part of that land, being a part identified in the agreement, is—
    (a) land on which there was, at the time of the commencement of section 3, a road over which the public had, at that time, a right of way; or
    (b) land on which there was, at the time of the execution of the deed of grant, a road over which the public had, at that time, a right of way.
"(2) An agreement under sub-section (1) shall be reduced to writing and a copy of it certified by both parties shall be forwarded to the Minister.
"(3) On the receipt of a copy of an agreement under sub-section (2), the Minister shall publish in the Gazette a notification of the agreement, including a copy of the terms of the agreement.

Declaratory orders with respect to roads on land described in Schedule 1
"12ab. (1) Where a deed of grant of land sets out an exclusion in accordance with sub-section 12(3a), the Supreme Court of the Northern Territory has jurisdiction, at the suit of the Northern Territory or of the Land Council in the area of which the land is situated, to make an order declaring that a part of the land, being a part identified in the order, is—
    (a) land on which there was, at the time of the commencement of section 3, a road over which the public had, at that time, a right of way; or
    (b) land on which there was, at the time of the execution of the deed of grant, a road over which the public had, at that time, a right of way.
"(2) The jurisdiction conferred by sub-section (1) shall be