Victorian Current Acts Victorian Current Acts(1) In accordance with a recommendation of the Minister under section 18, the Governor in Council may grant an estate in fee simple in land to a traditional owner group entity that is—
(a) subject to this Division; and
(b) any other terms, conditions, limitations and restrictions set out in the grant.
(2) The following provisions apply to the grant of the estate in fee simple under subsection (1)—
(a) the grant is subject to the limitation that the traditional owner group entity is not able to sell, transfer, dispose of, encumber or otherwise deal with the estate or any legal or equitable interest in the estate; and
(b) the grant is subject to the limitation that the traditional owner group entity is not able to lease or licence the estate or any legal or equitable interest in the estate; and
(c) the grant is subject to the condition that the State holds a right transferred in accordance with section 20.
S. 19(3) amended by No. 4/2013 s. 8(1), repealed by No. 67/2016 s. 7(1).
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S. 19(3A) inserted by No. 4/2013 s. 8(2).
(3A) A grant of an estate in fee simple in land under subsection (1) does not extinguish native title rights to the extent that they exist in relation to that land, whether the grant was made before, on or after the commencement of section 8 of the Traditional Owner Settlement Amendment Act 2013 .
(4) Despite subsection (2)(a), the traditional owner group entity who holds the estate in fee simple may transfer or dispose of the estate the entity has in the land to another traditional owner group entity if—
(a) the traditional owner group entity that holds the estate has first obtained the written consent of the Minister; and
(b) section 23 has been complied with.
S. 19(5) amended by No. 67/2016 s. 7(2).
(5) The grant of an estate in fee simple under subsection (1) is not subject to any limit as to depth directed by the Governor in Council under section 339 of the Land Act 1958 , but may be limited as to depth if so agreed in an agreement under this Part.
(6) Despite section 42(2)(a) of the Transfer of Land Act 1958 , a folio of the Register or registered instrument that relates to land that is the subject of the grant of an estate in fee simple under subsection (1) is subject to the provisions of this Division.