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s 117

Provision about resumption of Aboriginal land etc.

In force
Part 9General provisions for dealing with Aboriginal land
Division 6Other matters

117 Provision about resumption of Aboriginal land etc.

(1)

An interest in Aboriginal land can not be resumed, taken or otherwise compulsorily acquired, sold or dealt with other than under the Acquisition Act by a constructing authority.

(2)

However, an interest in Aboriginal land may be taken under the Acquisition Act only for a relevant purpose.

(3)

To remove any doubt, it is declared that, for taking an interest in Aboriginal land under the Acquisition Act, the Aboriginal land is land as defined in that Act.

(4)

Subsection (1) has effect despite any other Act, whether enacted before or after the commencement of this section.

(5)

In this section—relevant purpose means any purpose for which land may be taken under the Acquisition Act by a constructing authority, other than a purpose under—

(a)

the Geothermal Energy Act 2010; or

(b)

the Greenhouse Gas Storage Act 2009; or

(c)

the Petroleum and Gas (Production and Safety) Act 2004; or

(d)

the State Development and Public Works Organisation Act 1971.

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