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s 188

Mortgage of trustee (Aboriginal) lease

In force
Part 15Leasing of Aboriginal trust land
Division 2Leases

188 Mortgage of trustee (Aboriginal) lease

(1)

Subject to subsection (2), a lessee of Aboriginal trust land may, under the Land Act, chapter 6, part 4, division 4, mortgage a trustee (Aboriginal) lease.

(2)

For mortgaging a trustee (Aboriginal) lease—

(a)

the Land Act, chapter 6, part 4, division 4, applies—

(i)

as if the reference in section 345(2) to the Minister were a reference to the trustee; and

(ii)

as if section 346(1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and

(iii)

as if the reference in section 346(3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and

(iv)

as if section 347 were omitted; and

(b)

section 182 applies as if the reference in section 182(1) to Aboriginal land were a reference to Aboriginal trust land.

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