A certificate under s 40D(2) of the Aboriginal Land Rights Act 1983 (NSW) that qualifies the certification that a disposal does not contravene s 40D — by adding words such as 'in that the land is not of cultural significance' — does not comply with the statutory requirement and has no conclusive evidentiary effect. However, where a transfer void under s 40(2) of the Act is registered under the Torrens system, the transferee obtains indefeasible title; s 40(2) does not impliedly repeal the indefeasibility provisions of the Real Property Act 1900 (NSW). The question of unjust enrichment where money was advanced on the security of a void mortgage over unregistered land was left for determination at first instance.
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