Application of Part
26 Application of Part
Declaration under subsection 14(2)
This Part applies if:
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
as a result of the declaration, the Commonwealth acquired, under section 19, an estate in fee simple in the relevant land; and
a facility on the relevant land has been abandoned in accordance with the Australian Radiation Protection and Nuclear Safety Act 1998; and
the Commonwealth holds an estate in fee simple in the relevant land.
Declaration under subsection 14(4)
This Part also applies if:
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
as a result of the declaration, the Commonwealth acquired, under section 19, rights or interests in the relevant land; and
the facility mentioned in paragraph (1)(c) has been abandoned in accordance with the Australian Radiation Protection and Nuclear Safety Act 1998; and
the Commonwealth holds all or some of those rights or interests in the relevant land.
Part does not apply to nominations under section 7
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.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.