The Act represents a major reform to the structure and focus of the Aboriginal Lands Trust and its relationship with Aboriginal people and the Government by strengthening foundation for the Trust to operate as an independent and professional land holding body.
The Aboriginal Lands Trust will also be given more autonomy in its dealings with Trust land, and there will be a new process for Aboriginal community involvement in decision-making, as well as supporting new opportunities for future cultural and residential development.
The Native Title Act 1993 (Cth) defines Aboriginal and Torres Strait Islanders land or waters to include land or waters held by or for the benefit of Aboriginal peoples or Torres Strait Islanders under this Act. Thus this Act does not diminish any Native Title rights or interests.
Relevant provisions
s 8 Consultation
A requirement under this Act that the Trust consult with a specified person or body in respect of particular Trust Land in accordance with this section will be taken to require the Trust to consult, in accordance with any requirements set out in the regulations, with each of the following persons and groups:
(a) Aboriginal persons who, in accordance with Aboriginal tradition, have social, economic and spiritual affiliations with, and responsibilities for, the Trust Land or any part of it (including, but not limited to, native title holders in respect of the land);
(b) residents on the Trust Land;
(c) any other person with an interest in the Trust Land,
however nothing in this section operates to give priority in any matter to a particular person or group of persons.
s 44 Dealing with Trust Land
(1) Subject to this section, the Trust—
(a) may dispose of Trust Land by transfer or grant of the fee simple; or
(b) may deal with Trust Land in such other manner as it thinks fit.
Note—
Section 3(3) defines what it means to deal with Trust Land.
(2) The Trust may only dispose of Trust Land under subsection (1)(a) if—
(a) the transfer or grant is in accordance with a resolution of both Houses of Parliament; and
(b) any relevant requirements under the Native Title Act 1993 of the Commonwealth have been satisfied.
(3) 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.
(4) 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).
(5) Before dealing with Trust Land under this section, the Trust must undertake consultation in respect of the matter in accordance with section 8.
(6) 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.
(7) A dealing with Trust Land other than as contemplated by this section is void and of no effect.
(8) 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.