Aboriginal Land Act 1991

The Minister may enter into a written agreement (an available State land agreement) about land, other than excluded land—

with a person who has an interest in the land granted by the State; and

under which the State and the person agree that the land may be available State land.

The Minister may enter into an available State land agreement for particular land only if satisfied that entering into the agreement is appropriate in the circumstances having regard to an evaluation of the land under the Land Act, section 16.

An available State land agreement must provide that on the grant of the land under part 4 the person’s interest in the land is to cease and a new interest granted by the trustee of the land is to have effect in substitution for the person’s interest.

However, if the interest is a lease granted under the Land Act the agreement may provide that the lease is to continue in force under section 45.

Subsection (6) applies if a proposed available State land agreement is to state that a person’s interest in land is to cease and a new interest granted by the proposed trustee of the land is to have effect in substitution for the person’s interest.

To remove any doubt, it is declared that the Minister need not enter into the available State land agreement unless satisfied a new interest granted by the proposed trustee of the land is to have effect in substitution for the person’s interest in the land.