Document ID: chunk:federal_register_of_legislation:C2024C00794:section:11:p3
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 11 (pt 3/5)
Character Range: 56887–59443

declaration contained in that notice has effect according to its tenor.
 (1AD) Where:
 (a) a Commissioner has, whether before or after the commencement of this subsection, in a report made to the Minister under paragraph 50(1)(a), made 2 or more recommendations to the Minister that areas of Crown land should be granted to Land Trusts for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of those respective areas of land, whether or not that traditional entitlement is qualified as to place, time, circumstance, purpose or permission;
 (b) in respect of each of at least 2 of those recommendations the Minister has not taken action under subsection (1) or (1AB) in respect of the land, or any part of the land, to which the recommendation relates; and
 (c) the Land Council for the area in which all the land (the recommended land) to which the recommendations in respect of which the Minister has taken no action relate is situated applies in writing to the Minister for the Minister to take action under this subsection in relation to that land;
the Minister shall, if he or she is satisfied that it is appropriate to do so:
 (d) do either or both of the following:
 (i) establish one or more Land Trusts under section 4;
 (ii) make a determination in writing specifying one or more existing Land Trusts;
  that are to hold the recommended land or a part or parts of the recommended land for the benefit of Aboriginals who are the relevant Aboriginals in relation to the recommended land or the part or parts of the recommended land; and
 (e) if the recommended land or a part of the recommended land proposed to be held by a Land Trust referred to in paragraph (d) is not, and does not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust; and
 (f) if the recommended land or a part of the recommended land proposed to be held by a Land Trust referred to in paragraph (d) is, or includes, alienated Crown land:
 (i) ensure that the estates and interests in that land or part of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and
 (ii) after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust.
 (1AE) Where:
 (a) a Commissioner recommends to the Minister in two or more reports made under paragraph 50(1)(a) that areas of Crown land should be