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Contents (1983 - 42)
Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 20 November 2017 at 22:48)
Part 2 Division 2 Section 36A
36A   Special provision concerning certain Crown lands having nature conservation value
(1)  This section applies in relation to lands that:
(a)  are the subject of a claim by one or more Aboriginal Land Councils under section 36, and
(b)  the Crown Lands Minister is satisfied would be claimable Crown lands except for the fact that the lands are needed, or likely to be needed, for the essential public purpose of nature conservation.
(2)  If the Aboriginal Land Council or Councils making the claim agree to the imposition of the conditions that, before the grant of a claim to lands to which this section applies, the Aboriginal Land Council or Councils:
(a)  must negotiate a lease of the lands, that complies with the requirements of Part 4A of the NPW Act, with the Minister administering that Act, and
(b)  must agree:
(i)  to enter into a lease of the lands to the Minister administering the NPW Act in the terms negotiated in accordance with paragraph (a), and
(ii)  to the simultaneous reservation or dedication of the lands under the NPW Act, and
(iii)  to hold the lands as lands reserved or dedicated under the NPW Act, and
(iv)  to comply with the requirements of the NPW Act and, in particular, the requirements of Part 4A of that Act in relation to the lands,
the Crown Lands Minister may, despite section 36 (5) (b), grant a claim to lands to which this section applies.
Note.
 Part 4A of the NPW Act deals with lands, reserved or dedicated under that Act, that are vested in an Aboriginal Land Council or Councils and are leased by that Council or those Councils to the Minister administering that Act.
(3)  The Crown Lands Minister must not grant a claim to lands to which this section applies unless the Minister administering the NPW Act:
(a)  has agreed to the reservation or dedication of the lands under Division 4 of Part 4A of that Act, and
(b)  has notified the Crown Lands Minister in writing that a lease, negotiated in pursuance of subsection (2) with the Aboriginal Land Council or Councils concerned, is acceptable to the Minister and has been executed in escrow by the proposed parties to it.
Note.
 Division 4 of Part 4A of the NPW Act deals with the reservation or dedication and leasing under that Act of lands to which section 36A applies that have been granted by the Crown Lands Minister to an Aboriginal Land Council or Councils under this Act.
(4)  If a claim by one or more Aboriginal Land Councils relates partly to lands to which this section applies and partly to other lands, nothing in this section prevents the Crown Lands Minister from granting the claim:
(a)  as to so much of the lands to which this section applies—subject to and in accordance with this section, and
(b)  as to the balance of the lands—in accordance with the other provisions of this Part.
(5)  This section does not limit section 36 and the provisions of that section (in so far as they are applicable) apply to the lands to which this section applies, and to their transfer.
(6)  Parts 3 and 4 do not apply to lands to which this section applies on and from the date of their reservation or dedication under the NPW Act.
(7)  In this section, claimable Crown lands and Crown Lands Minister have the same meanings as in section 36.