Declaration granting rights and interests in land to original owners
28 Declaration granting rights and interests in land to original owners
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:
the Commonwealth holds an estate in fee simple in the specified land; and
the specified Land Trust has, under subsection 27(7), consented to the granting of an estate in fee simple in the specified land within:
12 months of the day on which the declaration under section 27 was published in the Gazette; or
such longer period as is prescribed in the regulations.
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:
the Commonwealth holds rights or interests (other than an estate in fee simple) in the specified land; and
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:
12 months of the day on which the declaration under section 27 was published in the Gazette; or
such longer period as is prescribed in the regulations.
A declaration takes effect at the time specified in the declaration, which must not be earlier than the time the declaration is made.
A declaration is not a legislative instrument.
The Minister may include one or more declarations under subsections (1) and (2) in the same document.
This Act’s bill:Explanatory memorandumSecond reading speech
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