Document ID: chunk:federal_register_of_legislation:C2021C00271:section:28
Version: federal_register_of_legislation:C2021C00271
Segment Type: section
Provision Reference: s 28
Character Range: 43705–45223

28  Declaration granting rights and interests in land to original owners
 (1) The Minister must make a declaration in writing that an estate in fee simple is granted in specified land to a specified Land Trust if:
 (a) the Commonwealth holds an estate in fee simple in the specified land; and
 (b) the specified Land Trust has, under subsection 27(7), consented to the granting of an estate in fee simple in the specified land within:
 (i) 12 months of the day on which the declaration under section 27 was published in the Gazette; or
 (ii) such longer period as is prescribed in the regulations.
 (2) The Minister must make a declaration in writing that the rights and interests specified in subsection 29(3) are granted in specified land to a specified Land Trust if:
 (a) the Commonwealth holds rights or interests (other than an estate in fee simple) in the specified land; and
 (b) the specified Land Trust has, under subsection 27(7), consented to the granting of the rights and interests specified in subsection 29(3) in the specified land within:
 (i) 12 months of the day on which the declaration under section 27 was published in the Gazette; or
 (ii) such longer period as is prescribed in the regulations.
 (3) A declaration takes effect at the time specified in the declaration, which must not be earlier than the time the declaration is made.
 (4) A declaration is not a legislative instrument.
 (5) The Minister may include one or more declarations under subsections (1) and (2) in the same document.