Dealing with Trust Land
44 Dealing with Trust Land
Subject to this section, the Trust—
may dispose of Trust Land by transfer or grant of the fee simple;
or
may deal with Trust Land in such other manner as it thinks fit.
[Note: NoteSection 3(3) defines what it means to deal with
Trust Land.]
The Trust may only dispose of Trust Land under subsection (1)(a) if—
the transfer or grant is in accordance with a resolution of both
Houses of Parliament; and
any relevant requirements under the Native Title Act 1993 of the
Commonwealth have been satisfied.
Nothing in this section authorises the Trust to transfer or grant the fee simple in particular Trust Land if the estate in fee simple would, following the transfer or grant, be subject to native title.
An interest created by the Trust under subsection (1)(b) cannot be sublet, transferred, assigned or otherwise dealt with except with the written permission of the
Trust (which must not be unreasonably withheld).
Before dealing with Trust Land under this section, the Trust must undertake consultation in respect of the matter in accordance with section 8.
To avoid doubt, this section applies in the case of a mortgagee or encumbrancee (within the meaning of the Real Property Act 1886) exercising a power of sale under the Real Property
Act 1886 or any other Act or law.
A dealing with Trust Land other than as contemplated by this section is void and of no effect.
A person with whom the Trust is required to consult under section 8 in respect of particular Trust Land is entitled to inspect (without charge) any lease or other document in the possession of the Trust relating to a dealing with the Trust Land under this section during ordinary office hours at the principal office of the
Trust.
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