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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aboriginal Land Rights (Northern
Territory) Amendment Bill 2015
No. , 2015
(Indigenous Affairs)
A Bill for an Act to amend the Aboriginal Land
Rights (Northern Territory) Act 1976, and for other
purposes
No. , 2015
Aboriginal Land Rights (Northern Territory) Amendment Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Aboriginal Land Rights (Northern Territory) Act 1976
3
No. , 2015
Aboriginal Land Rights (Northern Territory) Amendment Bill 2015
1
A Bill for an Act to amend the Aboriginal Land
1
Rights (Northern Territory) Act 1976, and for other
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Aboriginal Land Rights (Northern
6
Territory) Amendment Act 2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Aboriginal Land Rights (Northern Territory) Amendment Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2015
Aboriginal Land Rights (Northern Territory) Amendment Bill 2015
3
Schedule 1
--Amendments
1
2
Aboriginal Land Rights (Northern Territory) Act 1976
3
1 Division 2 of Part IIA (heading)
4
Repeal the heading, substitute:
5
Division 2--Functions of the Executive Director etc.
6
2 After paragraph 20C(ad)
7
Insert:
8
(ae) to administer subleases acquired by the Commonwealth
9
under subsection 20CB(2), including administering other
10
rights and interests derived from such subleases, in
11
accordance with their terms and conditions; and
12
3 Section 20CA (heading)
13
Repeal the heading, substitute:
14
20CA Executive Director to hold leases and subleases on behalf of
15
the Commonwealth
16
4 At the end of subsection 20CA(1)
17
Add:
18
; or (e) the proprietor of a lease of Aboriginal land is considering
19
granting a sublease of some or all of the land.
20
5 After subsection 20CA(4)
21
Insert:
22
(4A) To avoid doubt, for the purposes of paragraph (1)(e), the proprietor
23
may be the Director of National Parks (within the meaning of the
24
Environment Protection and Biodiversity Conservation Act 1999).
25
(4B) To avoid doubt, for the purposes of paragraph (1)(e), the lease may
26
be a lease granted under section 19A.
27
Schedule 1 Amendments
4
Aboriginal Land Rights (Northern Territory) Amendment Bill 2015
No. , 2015
6 At the end of Division 2 of Part IIA
1
Add:
2
20CB Transfer of subleases
3
(1) If the Executive Director holds a sublease of some or all of a parcel
4
of Aboriginal land on behalf of the Commonwealth, the Executive
5
Director may, on behalf of the Commonwealth, transfer the
6
sublease to an Aboriginal and Torres Strait Islander corporation, so
7
long as the transfer is in accordance with the terms and conditions
8
of the sublease.
9
(2) If:
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(a) an Aboriginal and Torres Strait Islander corporation holds a
11
sublease of some or all of a parcel of Aboriginal land; and
12
(b) the sublease was transferred to the Aboriginal and Torres
13
Strait Islander corporation under subsection (1);
14
the Executive Director may, on behalf of the Commonwealth,
15
acquire the sublease by way of transfer from the Aboriginal and
16
Torres Strait Islander corporation, so long as the transfer is in
17
accordance with the terms and conditions of the sublease.
18
7 Division 6 of Part IIA (heading)
19
Repeal the heading, substitute:
20
Division 6--Effect on other laws in relation to certain
21
leases or subleases held by Executive Director
22
8 After subsection 20S(2)
23
Insert:
24
(2A) The Commonwealth is authorised to acquire a sublease in
25
accordance with subsection 20CB(2).
26
9 After subsection 20S(3)
27
Insert:
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(3A) The Commonwealth is authorised to transfer a sublease in
29
accordance with subsection 20CB(1).
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Amendments Schedule 1
No. , 2015
Aboriginal Land Rights (Northern Territory) Amendment Bill 2015
5
10 At the end of section 20S
1
Add:
2
(6) If a sublease was acquired by the Commonwealth under
3
subsection 20CB(2), the Commonwealth is authorised to grant a
4
right or interest in relation to the sublease in accordance with the
5
terms and conditions of the sublease.
6
11 Section 20SA (heading)
7
Repeal the heading, substitute:
8
20SA Modification of certain NT laws in relation to leases or
9
subleases held by Executive Director
10
12 At the end of subsection 20SA(1)
11
Add:
12
; or (c) the transfer of a sublease to the Commonwealth under
13
subsection 20CB(2).
14
13 At the end of subsection 20SA(2)
15
Add "or transfer, as the case may be".
16
14 Subsection 20SA(3)
17
After "grant", insert ", or the instrument of transfer, as the case may
18
be,".
19
15 At the end of subsection 20SA(4)
20
Add "of the lease or sublease, or the transfer of the sublease, as the case
21
may be".
22
16 Section 20SB (heading)
23
Repeal the heading, substitute:
24
20SB Modification of certain NT laws in relation to land the subject
25
of leases or subleases held by Executive Director
26
17 At the end of subsection 20SB(1)
27
Add:
28
Schedule 1 Amendments
6
Aboriginal Land Rights (Northern Territory) Amendment Bill 2015
No. , 2015
; or (c) a sublease acquired by the Commonwealth under
1
subsection 20CB(2).
2
18 After paragraph 64(4A)(ad)
3
Insert:
4
(ae) the acquiring of a sublease by an Aboriginal and Torres Strait
5
Islander corporation by way of transfer under
6
subsection 20CB(1); or
7
(af) the administering of a sublease covered by paragraph (ae) if
8
an Aboriginal and Torres Strait Islander corporation holds the
9
sublease; or
10
(ag) the acquiring of a sublease by the Commonwealth by way of
11
transfer under subsection 20CB(2); or
12
(ah) the administering of a sublease covered by paragraph (ag) if
13
the Executive Director holds the sublease on behalf of the
14
Commonwealth; or
15
19 Part 4 of Schedule 1 (after the item relating to
16
Rockhampton Downs)
17
Insert:
18
SIMPSON DESERT
19
All that parcel of land being Northern Territory Portion 4208
20
delineated on Survey Plan S.2010/156 lodged with the
21
Surveyor-General, Darwin, and containing an area of
22
approximately 110,000 hectares.
23
20 At the end of Part 4 of Schedule 1
24
Add:
25
WICKHAM RIVER
26
All that parcel of land being Northern Territory Portion 7236
27
delineated on Survey Plans S.2013/177A to F inclusive lodged
28
with the Surveyor-General, Darwin, and containing an area of
29
approximately 50,310 hectares.
30