WILD RIVERS (ENVIRONMENTAL MANAGEMENT) BILL 2011 (NO. 2)

2010-2011

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Wild Rivers (Environmental

Management) Bill 2011

No. , 2011

(Senator Scullion)

A Bill for an Act to protect the interests of

Aboriginal people 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 2011 No. , 2011

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Definitions

.........................................................................................

4 Constitutional

basis

and object of Act ............................................... 3

Agreement of owner required ............................................................ 4

Obtaining agreement of native title holders ....................................... 4

7 Transitional

provision

........................................................................

8 Regulations

........................................................................................

Wild Rivers (Environmental Management) Bill 2011 No. , 2011 1

A Bill for an Act to protect the interests of

Aboriginal people in the management, development

and use of native title land situated in wild river

areas, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Wild Rivers (Environmental

Management) Act 2011.

Section 2

2 Wild Rivers (Environmental Management) Bill 2011 No. , 2011

2 Commencement

This Act commences on the day on which it receives the Royal

Assent.

3 Definitions

In this Act:

Aboriginal land means:

(a) Aboriginal land under the Aboriginal Land Act 1991 (Qld);

(b) land where native title exists;

(Land Holding) Act 1985 (Qld);

(d) deed of grant in trust land under the Land Act 1994 (Qld)

granted for the benefit of Aboriginal people;

(e) a reserve under the Land Act 1994 (Qld) for a community

purpose that is, or includes, Aboriginal purposes;

(f) freehold, or a term or perpetual lease under the Land Act

1994 (Qld), held by, or in trust for, an Aboriginal person or

an Aboriginal corporation under the Corporations

(Aboriginal and Torres Strait Islander) Act 2006 (Cth);

(g) the Aurukun Shire lease under the Local Government

(Aboriginal Lands) Act 1978 (Qld).

land includes waters.

native title land means land in which native title exists.

owner means:

(a) for Aboriginal land under the Aboriginal Land Act 1991

(Qld)--the grantees of Aboriginal land under that Act;

(b) for land where native title exists--native title holders under

section 224 of the Native Title Act 1993;

(Land Holding) Act 1985 (Qld)--the lessee;

(d) deed of grant in trust land under the Land Act 1994 (Qld)

granted for the benefit of Aboriginal people--the grantee;

Section 4

Wild Rivers (Environmental Management) Bill 2011 No. , 2011 3

(e) a reserve under the Land Act 1994 (Qld) for a community

purpose that is, or includes, Aboriginal purposes--the trustee

of the reserve;

(f) for freehold held by, or in trust for, an Aboriginal person or

an Aboriginal corporation under the Corporations

(Aboriginal and Torres Strait Islander) Act 2006 (Cth)--the

registered proprietor under the Land Title Act 1994 (Qld);

(g) for a term lease or perpetual lease under the Land Act 1994

(Qld) held by, or in trust for, an Aboriginal person or an

Aboriginal corporation under the Corporations (Aboriginal

and Torres Strait Islander) Act 2006 (Cth)--the lessee;

(h) the Aurukun Shire lease under the Local Government

(Aboriginal Lands) Act 1978 (Qld)--the Aurukun Shire

Council.

register means the Register established and maintained under

Part 7 of the Native Title Act 1993.

regulated means regulation of the development or use of land and

includes any prohibition of, or restriction on, the development or

use of land.

relevant Queensland legislation means the Wild Rivers Act 2005

(Qld) and includes future legislation amending, or substituted for,

that Act.

wild river area means an area in which the relevant Queensland

legislation regulates, or purports to regulate, the development or

use of land.

wild river declaration means a declaration under relevant

Queensland legislation.

4 Constitutional basis and object of Act

(1) This Act relies on:

(a) the Commonwealth's legislative powers under

paragraph 51(xxvi) of the Constitution; and

Section 5

4 Wild Rivers (Environmental Management) Bill 2011 No. , 2011

(b) any other express or implied legislative power of the

Commonwealth capable of supporting the enactment of this

Act.

(2) It is the intention of the Parliament that this Act be a special

measure for the advancement and protection of Australia's

indigenous people.

(3) In particular, it is the intention of the Parliament that:

(a) this Act protect the rights of traditional owners of Aboriginal

land within wild river areas to own, use, develop and control

that land; and

(b) should the enactment of this Act result in the loss of

employment by persons employed or engaged to assist in the

management of a wild river area then the Commonwealth

Government should provide employment to those persons in

accordance with details specified in the regulations.

Note:

Paragraph 51(xxvi) of the Australian Constitution provides that the

Parliament has power to make laws with respect to "the people of any

race for whom it is deemed necessary to make special laws".

5 Agreement of owner required

The development or use of Aboriginal land in a wild river area

cannot be regulated under the relevant Queensland legislation

unless the owner agrees in writing.

6 Obtaining agreement of native title holders

The agreement under section 5 of an owner of land where native

title exists may be obtained by the registration:

(a) under section 24BI of the Native Title Act 1993--of an

indigenous land use agreement (body corporate agreement)

which includes a statement to the effect that the parties agree

to an area of land being regulated; or

(b) under section 24CK or 24CL of the Native Title Act 1993--

of an indigenous land use agreement (area agreement) which

includes a statement to the effect that the parties agree to an

area of land being regulated.

Section 7

Wild Rivers (Environmental Management) Bill 2011 No. , 2011 5

7 Transitional provision

Despite section 5, a wild river declaration made before the

commencement of this Act continues to apply to Aboriginal land to

which it is expressed to apply until the earlier of:

(a) for an area of Aboriginal land--a new declaration is made

with the agreement of the owner of the Aboriginal land; or

(b) when 6 months elapse from the commencement of this Act.

8 Regulations

(1)

The Governor-General may make regulations for the purposes of

this Act.

(2)

Without limiting subsection (1), the regulations may prescribe

procedures:

(a) for seeking the agreement of an owner under this Act; and

(b) for negotiating the terms of the agreement; and

(d) for the continued employment of all existing Aboriginal

people and other people in the implementation in the

purposes of this Act.

Commonwealth of Australia Bills

WILD RIVERS (ENVIRONMENTAL MANAGEMENT) BILL 2011 (NO. 2)