Commonwealth Consolidated Acts

NATURE REPAIR ACT 2023 - SECT 90

Scope

  (1)   This section applies to an area of land in a State or Territory if the area of land:

  (a)   is Crown land; and

  (b)   is not Torrens system land.

Eligible interest

  (2)   For the purposes of this Act, if the area of land is neither:

  (a)   an exclusive possession native title area; nor

  (b)   land rights land;

the Crown lands Minister of the State or Territory holds an eligible interest in the area of land.

  (3)   For the purposes of this Act, if:

  (a)   a person (other than the State or Territory) holds a legal estate or interest (the relevant estate or interest ) in the whole or a part of the area of land; and

  (b)   any of the following conditions are satisfied:

  (i)   the relevant estate or interest came into existence as a result of a grant by the Crown in any capacity;

  (ii)   the relevant estate or interest was derived from an estate or interest that came into existence as a result of a grant by the Crown in any capacity;

  (iii)   the relevant estate or interest was created by or under a law of the Commonwealth, a State or a Territory;

  (iv)   the relevant estate or interest was derived from an estate or interest that was created by or under a law of the Commonwealth, a State or a Territory;

the relevant estate or interest is an eligible interest held by the person in the area of land.

  (4)   For the purposes of this Act, if:

  (a)   under subsection   (3), a person holds an eligible interest in the area of land; and

  (b)   another person:

  (i)   is a mortgagee of the eligible interest; or

  (ii)   is a chargee of the eligible interest;

the mortgage or charge is an eligible interest held by the other person in the area of land.

  (5)   The rules may provide that, for the purposes of this Act, a person specified in, or ascertained in accordance with, the rules holds an eligible interest in the area of land.

  (6)   For the purposes of this Act, if:

  (a)   the area of land is land rights land; and

  (b)   the area of land is not an exclusive possession native title area; and

  (c)   any of the following subparagraphs applies to the area of land:

  (i)   a lease is in force over the land, and the grant of the lease took place under a law of the Commonwealth that makes provision for the grant of such things only to, or for the benefit of, Aboriginal persons or Torres Strait Islanders;

  (ii)   subparagraph   (i) does not apply, and the land is held by the Commonwealth;

  (iii)   subparagraph   (i) does not apply, and the land is held by a statutory authority of the Commonwealth;

then:

  (d)   if subparagraph   (c)(i) applies--the Minister who administers the law mentioned in that subparagraph holds an eligible interest in the area of land; or

  (e)   if subparagraph   (c)(ii) applies--the Minister who administers the Aboriginal Land Rights (Northern Territory) Act 1976 holds an eligible interest in the area of land; or

  (f)   if subparagraph   (c)(iii) applies--the Minister who administers the Act that establishes the statutory authority holds an eligible interest in the area of land.

  (7)   For the purposes of this Act, if:

  (a)   the area of land is land rights land in a State or Territory; and

  (b)   the area of land is not an exclusive possession native title area; and

  (c)   none of the subparagraphs of paragraph   (6)(c) applies to the area of land; and

  (d)   the area of land is not freehold land rights land;

the Crown lands Minister of the State or Territory holds an eligible interest in the area of land.