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This is a Bill, not an Act. For current law, see the Acts databases.
WILD RIVERS (ENVIRONMENTAL MANAGEMENT) BILL 2010 [NO. 2]
2008-2009-2010
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Wild Rivers (Environmental
Management) Bill 2010
No. , 2010
(Senator Scullion)
A Bill for an Act to protect the interests of
Aboriginal traditional owners in the management,
development and use of native title land situated in
wild river areas, and for related purposes
i Wild Rivers (Environmental Management) Bill 2010 No. , 2010
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Definitions
.........................................................................................
2
4 Constitutional
basis
and object of Act ............................................... 2
5
Agreement of traditional owners required ......................................... 3
6 Transitional
provision
........................................................................
3
7 Regulations
........................................................................................
3
Wild Rivers (Environmental Management) Bill 2010 No. , 2010 1
A Bill for an Act to protect the interests of
1
Aboriginal traditional owners in the management,
2
development and use of native title land situated in
3
wild river areas, and for related purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act may be cited as the Wild Rivers (Environmental
9
Management) Act 2010.
10
Part 1 Preliminary
Section 2
2 Wild Rivers (Environmental Management) Bill 2010 No. , 2010
2 Commencement
1
This Act commences on the day on which it receives the Royal
2
Assent.
3
3 Definitions
4
In this Act:
5
land includes waters.
6
native title has the same meaning as in the Native Title Act 1993.
7
native title land means land in which native title exists.
8
regulated means regulation of the development or use of land and
9
includes prohibition of, or restriction on, the development or use of
10
land.
11
relevant Queensland legislation means the Wild Rivers Act 2005
12
(Qld) and includes future legislation amending, or substituted for,
13
that Act.
14
wild river area means an area in which the relevant Queensland
15
legislation regulates, or purports to regulate, the development or
16
use of land.
17
wild river declaration means a declaration under Part 2 of the Wild
18
Rivers Act 2005 (Qld).
19
4 Constitutional basis and object of Act
20
(1)
This Act relies on:
21
(a)
the Commonwealth's legislative powers under paragraph
22
51(xxvi) of the Constitution; and
23
(b)
any other express or implied legislative power of the
24
Commonwealth capable of supporting the enactment of
25
this Act.
26
Preliminary Part 1
Section 5
Wild Rivers (Environmental Management) Bill 2010 No. , 2010 3
(2) It is the intention of the Parliament that this Act be a special
1
measure for the advancement and protection of Australia's
2
indigenous people.
3
(3) In particular, it is the intention of the Parliament that this Act
4
protect the rights of traditional owners of native title land within
5
wild river areas to own, use, develop and control that land.
6
Note:
Section 51(xxvi) of the Australian Constitution provides that the
7
Parliament has power to make laws with respect to "the people of any
8
race for whom it is deemed necessary to make special laws".
9
5 Agreement of traditional owners required
10
The development or use of native title land in a wild river area
11
cannot be regulated under the relevant Queensland legislation
12
unless the Aboriginal traditional owners of the land agree.
13
6 Transitional provision
14
Despite section 5, a wild river declaration made before the
15
commencement of this Act continues to apply to native title land to
16
which it is expressed to apply until:
17
(a)
a fresh declaration is made with the agreement of the
18
Aboriginal traditional owners of the land; or
19
(b)
6 months elapse from the commencement of this Act;
20
whichever happens first.
21
7 Regulations
22
(1) The Governor-General may make regulations for the purposes of
23
this Act.
24
(2) Without limiting subsection (1), the regulations may prescribe
25
procedures:
26
(a) for seeking the agreement of Aboriginal traditional owners
27
under this Act; and
28
(b) for negotiating the terms of the agreement; and
29
(c) for giving and evidencing the agreement.
30