Document ID: chunk:federal_register_of_legislation:C2024C00514:section:90:p1
Version: federal_register_of_legislation:C2024C00514
Segment Type: section
Provision Reference: s 90 (pt 1/2)
Character Range: 171309–173730

90  Eligible interest in an area of land—Crown land that is not Torrens system land

Scope
 (1) This section applies to an area of land in a State or Territory if the area of land:
 (a) is Crown land; and
 (b) is not Torrens system land.

Eligible interest
 (2) For the purposes of this Act, if the area of land is neither:
 (a) an exclusive possession native title area; nor
 (b) land rights land;
the Crown lands Minister of the State or Territory holds an eligible interest in the area of land.
 (3) For the purposes of this Act, if:
 (a) a person (other than the State or Territory) holds a legal estate or interest (the relevant estate or interest) in the whole or a part of the area of land; and
 (b) any of the following conditions are satisfied:
 (i) the relevant estate or interest came into existence as a result of a grant by the Crown in any capacity;
 (ii) the relevant estate or interest was derived from an estate or interest that came into existence as a result of a grant by the Crown in any capacity;
 (iii) the relevant estate or interest was created by or under a law of the Commonwealth, a State or a Territory;
 (iv) the relevant estate or interest was derived from an estate or interest that was created by or under a law of the Commonwealth, a State or a Territory;
the relevant estate or interest is an eligible interest held by the person in the area of land.
 (4) For the purposes of this Act, if:
 (a) under subsection (3), a person holds an eligible interest in the area of land; and
 (b) another person:
 (i) is a mortgagee of the eligible interest; or
 (ii) is a chargee of the eligible interest;
the mortgage or charge is an eligible interest held by the other person in the area of land.
 (5) The rules may provide that, for the purposes of this Act, a person specified in, or ascertained in accordance with, the rules holds an eligible interest in the area of land.
 (6) For the purposes of this Act, if:
 (a) the area of land is land rights land; and
 (b) the area of land is not an exclusive possession native title area; and
 (c) any of the following subparagraphs applies to the area of land:
 (i) a lease is in force over the land, and the grant of the lease took place under a law of the Commonwealth that makes provision for the grant of such things only to, or for the benefit of, Aboriginal persons or Torres Strait Islanders;
 (ii) subparagraph (i) does not apply, and the land