Aboriginal Land Act 1991

The trustee of freehold option land may apply to the chief executive, in the approved form, for available land to be granted in fee simple under the Land Act to the eligible person who has been allocated the available land under this part.

The trustee may make the application only if—

there is a freehold instrument for the available land; and

the trustee has followed the allocation process for the available land.

Information in the application must, if the approved form requires, be verified by a statutory declaration.

In deciding the application, the chief executive—

must be reasonably satisfied—

agreements or arrangements appropriate to granting the available land as freehold have been entered into or are in place, including, for example, in relation to the following—

native title;

any social housing dwelling on the available land;

road access to the available land; and

there is a lot on plan description for the available land; and

if the available land is allocated under section 32ZF—a probity advisor has certified the probity of the allocation process for the available land; and

may consider any other matter the chief executive reasonably considers relevant.

If the chief executive approves the application, the Governor in Council may grant the land in fee simple under the Land Act.

Note—See the Land Act, section 14.