Commonwealth Numbered Acts

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT 1978 No. 21 of 1978 - SECT 8

8. After section 12 of the Principal Act the following sections are inserted:
Occupation of land by Director
''12A. (1) Where the estate or interest of the Director in any land ceases to
exist by virtue of sub-section 12 (2A), the Director is entitled, by virtue of
this section, to continue his occupation of the land for the purposes of the
National Parks and Wildlife Conservation Act 1975 and, during that period of
occupation, any buildings or improvements on the land shall be deemed to be
the property of the Director.

''(2) Nothing in sub-section (1) prevents the granting by a Land Trust of a
lease to the Director of land to which this section applies and, if such a
lease is granted, the land ceases to be land to which this section applies.
Arbitration on agreement between Land Council and Director
''12B. (1) Where the Minister is satisfied that a Land Council and the
Director are unable to agree on the terms of an agreement to be entered into
by them in compliance with the condition referred to in sub-section 12 (2B),
the Minister may, after consulting with the Land Council and with the
Director, appoint an Arbitrator, being a person whom the Minister considers to
be in a position to deal with the matter impartially, to determine the terms
of an agreement that, in the opinion of the Arbitrator, complies with that
condition and should be acceptable to the Land Council and to the Director.

''(2) An agreement determined by the Arbitrator under sub-section (1) shall
not include a term or condition (whether in the agreement or in a lease the
terms and conditions of which are set out in the agreement) that-

   (a)  requires the Land Council or Land Trust concerned to take any action
        that it is not authorized to take by, or under, this Act or any other
        Act or by, or under, a law of the Northern Territory; or

   (b)  requires the Director to take any action that he is not authorized to
        take by, or under, the
        National Parks and Wildlife Conservation Act 1975 or any other Act or
        by, or under, a law of the Northern Territory.

''(3) Where the Arbitrator has determined the terms of an agreement under
sub-section (1), the Land Council concerned and the Director shall enter into
that agreement.

''(4) Where the Minister is satisfied that a Land Council has refused, or is
unwilling, to enter into an agreement with the Director as required by
sub-section (3), the Minister may, on behalf of the Land Council, enter into
the agreement with the Director. Minister may grant lease in certain
circumstances
''12C. Where the Minister is satisfied that-

   (a)  a Land Council has refused, or is unwilling, to direct a Land Trust to
        grant to the Director a lease in accordance with an agreement entered
        into between the Land Council and the Director (including such an
        agreement entered into by the Minister on behalf of the Land Council)
        in compliance with the condition referred to in sub-section 12 (2B);
        or

   (b)  a Land Trust has refused, or is unwilling, to take action in
        accordance with a direction given to it by a Land Council, being a
        direction to grant to the Director a lease in accordance with an
        agreement entered into between the Land Council and the Director
        (including such an agreement entered into by the Minister on behalf of
        the Land Council) in compliance with the condition referred to in
        sub-section 12 (2B), the Minister may, on behalf of the Land Trust,
        grant to the Director the lease provided for by the agreement.''.