Commonwealth Numbered Acts

ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 40

40. Where, immediately before land became Aboriginal Land, a registered member
was in occupation of the land with the consent, express or implied, of the
Commonwealth or of an Authority, the Council shall, in accordance with
section 38, grant that person a lease of that land, being a lease-

   (a)  the term of which-

        (i)    commences at the time at which the land became Aboriginal Land;
               and

        (ii)   is for the maximum period permitted for the lease by
               sub-section 38 (3);

   (b)  the terms and conditions of which do not provide for any payment by
        the person in respect of a building or improvements erected on the
        land solely at the expense of the person; and

   (c)  the terms and conditions of which may include terms and conditions
        approved by the Minister in writing under which the person is to pay
        to the Council in respect of buildings and improvements on the land
        (other than buildings or improvements to which paragraph (b) applies)
        amounts amounting in the aggregate to the value of those buildings and
        improvements at the time at which the land became Aboriginal Land.