Land Act 1994

An indigenous cultural interest for land—

is created by registering the document creating the interest in the appropriate register; and

can not be created other than under this division.

An indigenous cultural interest for land can not be registered unless the indigenous access and use agreement, or the indigenous land use agreement, for the interest is approved by the chief executive.

The chief executive may approve the indigenous access and use agreement, or the indigenous land use agreement, only if—

the party to the agreement who is a lessee is proposing to have registered an indigenous cultural interest relating to the agreement; and

the chief executive is satisfied the agreement—

includes the mandatory terms for the agreement; and

complies with the set format for the agreement; and

the chief executive is satisfied the conditions for the exercise of traditional activities under the agreement are appropriate having regard to the following—

the types of the activities;

the size of the area to which the agreement applies;

the reasonableness of any restrictions imposed;

another matter the chief executive considers relevant.

The chief executive’s approval may be given subject to conditions.

In this section—

activities for traditional purposes; and

activities incidental to an activity mentioned in paragraph (a).