Commonwealth Consolidated Acts

ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 - SECT 9A

             (1)  The Minister may declare in writing that land within the Booderee National Park is Aboriginal Land if he or she is satisfied that:

                     (a)  the land is of significance to the Aboriginals who are members of the Community; and

                     (b)  it would be appropriate to grant the land to the Council.

             (2)  The Minister may not make a declaration under subsection (1) unless the Council and the Director have entered into an agreement under which the Council agrees to grant to the Director a lease of all land that is to become Aboriginal Land under the declaration. The terms and conditions of the lease are to be set out in the agreement.

             (3)  If the Minister proposes to make a declaration under subsection (1), the Minister must publish a notice in the Gazette :

                     (a)  stating his or her intention to do so; and

                     (b)  describing the land that would become Aboriginal Land under the declaration.

             (4)  The Minister's declaration is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .