Document ID: chunk:federal_register_of_legislation:C2024C00794:section:19:p2
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 19 (pt 2/4)
Character Range: 113441–115941

the request.
 (3C) A notice given under subsection (3A) or (3B) is not a legislative instrument.
 (3D) A lease under this section granted by the Kakadu Aboriginal Land Trust to the Director may be varied to cover the land described in paragraphs (a) and (c) under the heading "JABIRU" in Part 4 of Schedule 1, despite a deed of grant of an estate in fee simple in that land to that Land Trust not having been delivered to that Land Trust. The variation must be expressed to take effect on the date that such a deed of grant is delivered to that Land Trust.
 (4) With the consent, in writing, of the Minister and at the direction, in writing, of the relevant Land Council, a Land Trust may:
 (b) transfer to another Land Trust, or surrender to the Crown, the whole of its estate or interest in the whole, or any part of, the land vested in it.
Note: See also section 20A (which deals with the application of the law of the Northern Territory relating to the transfer of land).
 (4AA) Any right, title or other interest in land transferred under subsection (4) that existed immediately before the transfer is preserved as a right, title or interest in that land after the transfer.
 (4AB) Any agreement in respect of land transferred under subsection (4) that was entered into by the transferor Land Trust and that is in force immediately before the transfer is taken to have the same force and effect, after the transfer, as the agreement would have had if it had been entered into by the transferee Land Trust.
 (4A) With the consent, in writing, of the Minister, and at the direction, in writing, of the relevant Land Council, a Land Trust may, subject to subsection (7), grant an estate or interest in the whole, or any part, of the land vested in it to any person for any purpose.
 (5) A Land Council shall not give a direction under this section for the grant, transfer or surrender of an estate or interest in land unless the Land Council is satisfied that:
 (a) the traditional Aboriginal owners (if any) of that land understand the nature and purpose of the proposed grant, transfer or surrender and, as a group, consent to it;
 (b) any Aboriginal community or group that may be affected by the proposed grant, transfer or surrender has been consulted and has had adequate opportunity to express its view to the Land Council; and
 (c) in the case of a grant of an estate or interest—the terms and conditions on which the grant is to be made are reasonable.
 (6) Where a Land Council, in giving