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COMMONWEALTHAct
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s 26

Application of Part

In force
Part 6Granting of rights and interests in land to original owners

26 Application of Part

Declaration under subsection 14(2)

(1)

This Part applies if:

(a)

immediately before a declaration under subsection 14(2) took effect, land that was the subject of the declaration was Aboriginal land (the relevant land); and

(b)

as a result of the declaration, the Commonwealth acquired, under section 19, an estate in fee simple in the relevant land; and

(c)

a facility on the relevant land has been abandoned in accordance with the Australian Radiation Protection and Nuclear Safety Act 1998; and

(d)

the Commonwealth holds an estate in fee simple in the relevant land.

Declaration under subsection 14(4)

(2)

This Part also applies if:

(a)

immediately before a declaration under subsection 14(4) took effect, all or part of the land that was the subject of the declaration was Aboriginal land (the whole, or that part, of the land being relevant land); and

(b)

as a result of the declaration, the Commonwealth acquired, under section 19, rights or interests in the relevant land; and

(c)

the facility mentioned in paragraph (1)(c) has been abandoned in accordance with the Australian Radiation Protection and Nuclear Safety Act 1998; and

(d)

the Commonwealth holds all or some of those rights or interests in the relevant land.

Part does not apply to nominations under section 7

(3)

However, this Part does not apply to a declaration referred to in subsection (1) or (2) if the declaration relates to land nominated under section 7.

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