(1) Where a deed of grant of land sets out an exclusion in accordance with subsection 12(3A), the Supreme Court of the Northern Territory has jurisdiction, at the suit of the Northern Territory or of the Land Council in the area of which the land is situated, to make an order declaring that a part of the land, being a part identified in the order, is:
(a) land on which there was, at the time of the commencement of section 3, a road over which the public had, at that time, a right of way; or
(b) land on which there was, at the time of the execution of the deed of grant, a road over which the public had, at that time, a right of way.
(2) The jurisdiction conferred by subsection (1) shall be exercised in accordance with the Supreme Court Act 1979 of the Northern Territory.