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Contents (1983 - 42)
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Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 22 September 2017 at 17:56)
Part 2 Division 4 Section 40
40   Interpretation
(1)  In this Division and Division 4A:
agreement includes an arrangement.
deal with land means:
(a)  sell, exchange, lease, mortgage, dispose of, or otherwise create or pass a legal or equitable interest in, land, or
(b)  grant an easement or covenant over land or release an easement or covenant benefiting land, or
(c)  enter into a biobanking agreement relating to land under the Threatened Species Conservation Act 1995 or a conservation agreement under the NPW Act, or
(d)  enter into a wilderness protection agreement relating to land under the Wilderness Act 1987, or
(e)  enter into a property vegetation plan under the Native Vegetation Act 2003, or
(f)  subdivide or consolidate land so as to affect, or consent to a plan of subdivision or consolidation of land that affects, the interests of an Aboriginal Land Council in that land, or
(g)  make a development application in relation to land, or
(h)  any other action (including executing an instrument) relating to land that is prescribed by the regulations.
Note.
 In this Act, a reference to land includes any estate or interest in land, whether legal or equitable (see section 4 (1)).
dealing approval certificate—see section 41.
development application means:
(a)  a development application within the meaning of the Environmental Planning and Assessment Act 1979, or
(b)  an application for approval of a project under Part 3A of the Environmental Planning and Assessment Act 1979, or
(c)  an application for approval of State significant infrastructure under Part 5.1 of the Environmental Planning and Assessment Act 1979.
General Register of Deeds means the General Register of Deeds maintained under the Conveyancing Act 1919.
land dealing means an action in relation to land of a kind referred to in paragraphs (a)–(h) of the definition of deal with land.
land dealing approval agreement means an agreement entered into under a condition imposed under section 42G (6) (b).
Register means the Register maintained under the Real Property Act 1900.
registrable instrument means:
(a)  an instrument (other than a caveat or registration prohibition notice) giving effect to or forming part of a land dealing (within the meaning of this Division) that is registrable or capable of being made registrable under the Real Property Act 1900 or in respect of which a recording is required or permitted (under that or any other Act or Commonwealth Act) to be made in the Register maintained under that Act, or
(b)  a plan that is required or permitted to be registered under Division 3 of Part 23 of the Conveyancing Act 1919 and that is or gives effect to or forms part of a land dealing (within the meaning of this Division), or
(c)  an instrument (other than a registration prohibition notice) giving effect to or forming part of a land dealing (within the meaning of this Division) that is registrable or in respect of which a recording is required or permitted to be made in the General Register of Deeds.
registration approval certificate—see section 41.
registration prohibition notice—see section 42O.
(2)  For the purposes of this Division, land is vested in an Aboriginal Land Council if:
(a)  the Council has a legal interest in the land, or
(a1)  the land is the whole or part of land that is, pursuant to an Aboriginal Land Agreement under section 36AA, to be transferred to the Council, or
(b)  the land is the whole or part of land the subject of a claim under section 36 and:
(i)  the Crown Lands Minister is satisfied that the land is claimable Crown land under section 36, or
(ii)  the Court has ordered under section 36 (7) that the land be transferred to the Council,
and the land has not been transferred to the Council.
(3)  In this Division, an Aboriginal Land Council is taken to make a development application for land vested in the Council if the Council consents to such an application by another person.
(4)  For the purposes of this Division, land is of cultural and heritage significance to Aboriginal persons if the land is significant in terms of the traditions, observances, customs, beliefs or history of Aboriginal persons.