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ABORIGINAL LAND AND WATERS (JERVIS BAY TERRITORY) ACT 1986 - SECT 9

Later grants of land

  (1)   Where, at any time after the Schedule Land has become Aboriginal Land, the Minister becomes satisfied that:

  (a)   vacant Crown land in the Territory that adjoins Aboriginal Land is of significance to the Aboriginals who are members of the Community; and

  (b)   it would be appropriate to grant the first - mentioned land to the Council;

the Minister may, by instrument in writing specifying the first - mentioned land, declare that the first - mentioned land is Aboriginal Land.

  (2)   The Minister shall, as soon as practicable after making an instrument under subsection   (1):

  (a)   cause a copy of the instrument to be published in the Gazette ; and

  (b)   cause a copy of the instrument to be laid before each House of the Parliament.

  (3)   Either House of the Parliament, within 15 sitting days of that House after a copy of an instrument has been laid before that House under subsection   (2), may, in pursuance of a motion upon notice, pass a resolution disallowing the instrument.

  (4)   Where:

  (a)   a notice referred to in subsection   (3) is given with respect to an instrument; and

  (b)   at the expiration of the period during which a resolution disallowing the instrument could have been passed:

  (i)   the notice has not been withdrawn and the relevant motion has not been called on; or

  (ii)   the relevant motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the instrument shall be deemed to have been disallowed.

  (5)   If:

  (a)   neither House of the Parliament passes a resolution in accordance with subsection   (3) disallowing an instrument made under subsection   (1); and

  (b)   the instrument has not been deemed to have been disallowed under subsection   (4);

the instrument takes effect, and the land specified in the instrument becomes Aboriginal Land, on the day immediately following the last day upon which a resolution disallowing the instrument could have been passed.

  (6)   If, before the expiration of 15 sitting days of a House of the Parliament after a copy of an instrument made under subsection   (1) has been laid before that House:

  (a)   the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

  (b)   a resolution for the disallowance of the instrument has not been passed by the first - mentioned House;

the copy of the instrument shall, for the purposes of this section, be deemed to have been laid before that first - mentioned House on the first sitting day of that first - mentioned House after the dissolution, expiry or prorogation, as the case may be.

  (7)   Where an instrument made under subsection   (1) takes effect, the Minister shall cause a notice to that effect to be published in the Gazette.

  (8)   Any failure to comply with the requirements of subsection   (7) does not affect the operation of subsection   (5).



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