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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Aboriginal
Land Rights (Northern Territory) Amendment Bill (No. 2)
1999
No. ,
1999
(Aboriginal and Torres Strait Islander
Affairs)
A Bill for an Act to amend the
Aboriginal Land Rights (Northern Territory) Act 1976, and for other
purposes
ISBN: 0642 392013
Contents
A Bill for an Act to amend the Aboriginal Land Rights
(Northern Territory) Act 1976, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Aboriginal Land Rights (Northern
Territory) Amendment Act (No. 2) 1999.
(1) Subject to subsections (2) and (3), this Act commences 28 days after
the day on which it receives the Royal Assent.
(2) Schedule 1 commences on a day or days to be fixed by
Proclamation.
(3) If Schedule 1 does not commence under subsection (2) within the period
of 12 months beginning on the day on which this Act receives the Royal Assent,
it commences on the first day after the end of that period.
(1) This section applies to the Elliott stockyards land.
(2) For all purposes, on and after the day on which this section
commences:
(a) the deed of grant executed by the Governor-General on 5 December 1991
under section 12 of the Aboriginal Land Rights (Northern Territory) Act
1976, being a deed of grant of an estate in land including the Elliott
stockyards land, is taken, to the extent to which it relates to the Elliott
stockyards land, never to have been executed; and
(b) to avoid doubt, any estate or interest in the Elliott stockyards land
held by the Gurungu Land Trust because of the execution of that deed of grant is
taken to cease to exist.
(3) This section has effect despite anything contained in the Register.
However, a land registration official may make such alterations to the Register
as are necessary or desirable because of this section.
(4) In this section:
Elliott stockyards land means all that parcel of land in the
Northern Territory containing an area of 3.8 hectares more or less, being the
whole of Northern Territory Portion 3869 and being more particularly delineated
on Survey Plans S.89/38A to S.89/38C lodged with the Surveyor-General,
Darwin.
estate or interest, in relation to land,
has the same meaning as in the Aboriginal Land Rights (Northern
Territory) Act 1976.
land registration official means the Registrar-General or
other appropriate officer of the Northern Territory.
Register means the Register referred to in section 47 of the
Real Property Act of the Northern Territory.
(1) If:
(a) apart from this section, the operation of section 3 would result in
the acquisition of property from a person otherwise than on just terms;
and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the
Constitution;
the Commonwealth is liable to pay to the person such compensation as is
necessary to ensure that the acquisition is made on just terms.
(2) The Federal Court of Australia has jurisdiction with respect to
matters arising under subsection (1) and that jurisdiction is exclusive of the
jurisdiction of all other courts except the High Court.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
(4) The Consolidated Revenue Fund is appropriated for the purposes of
making payments under this section.
Section 3 has effect despite any provision of the Lands Acquisition
Act 1989.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Subsection 67A(5)
Omit “A traditional”, substitute “Subject to subsection
(6), a traditional”.
2 At the end of paragraphs 67A(5)(a) and
(b)
Add “or”.
3 Paragraph 67A(5)(c)
Repeal the paragraph, substitute:
(c) the Commissioner informs the Minister, in the Commissioner’s
report to the Minister in respect of the claim:
(i) that the Commissioner finds that there are no Aboriginals who are the
traditional Aboriginal owners of the area of land; or
(ii) that the Commissioner is unable to make a finding that there are
Aboriginals who are the traditional Aboriginal owners of the area of land;
or
4 At the end of section 67A
Add:
(6) If:
(a) an application has been made under section 50 by or on behalf of
Aboriginals claiming to have a traditional land claim to an area of land;
and
(b) either:
(i) the application was made after 5 June 1997; or
(ii) subsection 50(2D) applies to the application;
the traditional land claim, in so far as it relates to that area of land,
is taken to have been finally disposed of.
Note: Subparagraph (b)(i) relates to subsection 50(2A),
which prevents Commissioners considering applications relating to traditional
land claims made after the expiration of 10 years after the commencement of that
subsection. That subsection commenced on 5 June 1987.