Download Word
Download PDFSchedule 1 — Former public roads
1 Subsection 11(1AF)
Omit all the words and paragraphs from and including “but for the existence” to and including “the Minister may”, substitute “but for the existence on that land of a stock route (other than a stock route to which subsection 50(2E) applies), then, if the land ceases to be a stock route, the Minister may”.
Note: The heading to section 11 is replaced by the heading “ Recommendations for grants of Crown land other than Schedule 1 land and former public roads ”.
2 After section 11A
Insert:
11B Recommendations for grants of former public roads
(1) This section applies if:
(a) a road over which the public had a right of way existed on land that is contiguous to Aboriginal land; and
(b) the Minister would have made a recommendation about the land under section 10 or subsection 11(1), (1AB), (1AD) or (1AE) but for that public right of way; and
(c) that public right of way ceases to exist.
(2) On application by the Land Council for the area in which the land is situated, the Minister may recommend that the Governor-General grant an estate in fee simple for the whole or a part of that land to a Land Trust that holds contiguous Aboriginal land.
3 Subsection 12(1)
Omit “section 10 or 11”, substitute “section 10, 11 or 11B”.
4 Paragraph 12(1)(a)
Omit “or section 11”, substitute “, section 11 or 11B”.
5 After subsection 12(3A)
Insert:
(3B) However, subsections (3) and (3A) do not apply to a deed of grant arising from a recommendation under section 11B.