Aboriginal Land Act 1991

Before the trustee of freehold option land starts the process for making a freehold instrument in relation to freehold option land, the trustee must decide on the way (the decided way) in which the trustee will consult about the making of the freehold instrument.

Note—See section 179.

The purpose of the consultation is to enable the trustee to be reasonably satisfied it is appropriate for the freehold option land to be granted in freehold.

The decided way must—

require the trustee to consult with the native title holders for the freehold option land proposed to be included in the freehold schedule; and

include how the trustee will notify the community about the freehold instrument; and

allow a suitable and sufficient opportunity for each person the trustee consults to express their views about the freehold instrument.

The trustee must—

consult on the freehold instrument in the decided way; and

keep records about the consultation showing the consultation was consistent with the decided way.