Grant or lease of unallocated State land in consideration of surrender of native title interest
18A Grant or lease of unallocated State land in consideration of surrender of native title interest
This section applies if, under an ILUA, all native title in relation to an area is extinguished by surrender to the State.
The designated person may grant or lease unallocated State land to a grantee entity.
The unallocated State land being granted or leased need not be land the subject of a surrender under the ILUA.
If there are 2 or more surrender areas, the grant or lease may be made to 2 or more grantee entities jointly.
In this section—Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth).designated person, until the commencement of the Land and Other Legislation Amendment Act 2007, section 16, means the Governor in Council.grantee entity means—
if there is, under the Commonwealth Native Title Act, a registered native title body corporate for a surrender area—the registered native title body corporate for the surrender area; or
for any other surrender area—
a body corporate whose membership is restricted to persons in the surrender group; or
a person as trustee for a trust whose beneficiaries are restricted to persons in the surrender group.
ILUA means an indigenous land use agreement.surrender area means—
an area in relation to which native title is surrendered under the ILUA and in relation to which there is a registered native title body corporate; or
an area in relation to which native title is surrendered under the ILUA on behalf of a surrender group.
surrender group means the persons identified in the ILUA as persons on whose behalf native title is surrendered.
This Act’s bill:Explanatory memorandum
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