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This is a Bill, not an Act. For current law, see the Acts databases.


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
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Definitions
.........................................................................................
2
4 Constitutional
basis
and object of Act ............................................... 3
5
Agreement of owner required ............................................................ 4
6
Obtaining agreement of native title holders ....................................... 4
7 Transitional
provision
........................................................................
5
8 Regulations
........................................................................................
5
Wild Rivers (Environmental Management) Bill 2011 No. , 2011 1
A Bill for an Act to protect the interests of
1
Aboriginal people in the management, development
2
and use of native title land situated in wild river
3
areas, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Wild Rivers (Environmental
7
Management) Act 2011.
8
Section 2
2 Wild Rivers (Environmental Management) Bill 2011 No. , 2011
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
Aboriginal land means:
6
(a) Aboriginal land under the Aboriginal Land Act 1991 (Qld);
7
(b) land where native title exists;
8
(c) a lease under the Aborigines and Torres Strait Islanders
9
(Land Holding) Act 1985 (Qld);
10
(d) deed of grant in trust land under the Land Act 1994 (Qld)
11
granted for the benefit of Aboriginal people;
12
(e) a reserve under the Land Act 1994 (Qld) for a community
13
purpose that is, or includes, Aboriginal purposes;
14
(f) freehold, or a term or perpetual lease under the Land Act
15
1994 (Qld), held by, or in trust for, an Aboriginal person or
16
an Aboriginal corporation under the Corporations
17
(Aboriginal and Torres Strait Islander) Act 2006 (Cth);
18
(g) the Aurukun Shire lease under the Local Government
19
(Aboriginal Lands) Act 1978 (Qld).
20
land includes waters.
21
native title land means land in which native title exists.
22
owner means:
23
(a) for Aboriginal land under the Aboriginal Land Act 1991
24
(Qld)--the grantees of Aboriginal land under that Act;
25
(b) for land where native title exists--native title holders under
26
section 224 of the Native Title Act 1993;
27
(c) a lease under the Aborigines and Torres Strait Islanders
28
(Land Holding) Act 1985 (Qld)--the lessee;
29
(d) deed of grant in trust land under the Land Act 1994 (Qld)
30
granted for the benefit of Aboriginal people--the grantee;
31
Section 4
Wild Rivers (Environmental Management) Bill 2011 No. , 2011 3
(e) a reserve under the Land Act 1994 (Qld) for a community
1
purpose that is, or includes, Aboriginal purposes--the trustee
2
of the reserve;
3
(f) for freehold held by, or in trust for, an Aboriginal person or
4
an Aboriginal corporation under the Corporations
5
(Aboriginal and Torres Strait Islander) Act 2006 (Cth)--the
6
registered proprietor under the Land Title Act 1994 (Qld);
7
(g) for a term lease or perpetual lease under the Land Act 1994
8
(Qld) held by, or in trust for, an Aboriginal person or an
9
Aboriginal corporation under the Corporations (Aboriginal
10
and Torres Strait Islander) Act 2006 (Cth)--the lessee;
11
(h) the Aurukun Shire lease under the Local Government
12
(Aboriginal Lands) Act 1978 (Qld)--the Aurukun Shire
13
Council.
14
register means the Register established and maintained under
15
Part 7 of the Native Title Act 1993.
16
regulated means regulation of the development or use of land and
17
includes any prohibition of, or restriction on, the development or
18
use of land.
19
relevant Queensland legislation means the Wild Rivers Act 2005
20
(Qld) and includes future legislation amending, or substituted for,
21
that Act.
22
wild river area means an area in which the relevant Queensland
23
legislation regulates, or purports to regulate, the development or
24
use of land.
25
wild river declaration means a declaration under relevant
26
Queensland legislation.
27
4 Constitutional basis and object of Act
28
(1) This Act relies on:
29
(a) the Commonwealth's legislative powers under
30
paragraph 51(xxvi) of the Constitution; and
31
Section 5
4 Wild Rivers (Environmental Management) Bill 2011 No. , 2011
(b) any other express or implied legislative power of the
1
Commonwealth capable of supporting the enactment of this
2
Act.
3
(2) It is the intention of the Parliament that this Act be a special
4
measure for the advancement and protection of Australia's
5
indigenous people.
6
(3) In particular, it is the intention of the Parliament that:
7
(a) this Act protect the rights of traditional owners of Aboriginal
8
land within wild river areas to own, use, develop and control
9
that land; and
10
(b) should the enactment of this Act result in the loss of
11
employment by persons employed or engaged to assist in the
12
management of a wild river area then the Commonwealth
13
Government should provide employment to those persons in
14
accordance with details specified in the regulations.
15
Note:
Paragraph 51(xxvi) of the Australian Constitution provides that the
16
Parliament has power to make laws with respect to "the people of any
17
race for whom it is deemed necessary to make special laws".
18
5 Agreement of owner required
19
The development or use of Aboriginal land in a wild river area
20
cannot be regulated under the relevant Queensland legislation
21
unless the owner agrees in writing.
22
6 Obtaining agreement of native title holders
23
The agreement under section 5 of an owner of land where native
24
title exists may be obtained by the registration:
25
(a) under section 24BI of the Native Title Act 1993--of an
26
indigenous land use agreement (body corporate agreement)
27
which includes a statement to the effect that the parties agree
28
to an area of land being regulated; or
29
(b) under section 24CK or 24CL of the Native Title Act 1993--
30
of an indigenous land use agreement (area agreement) which
31
includes a statement to the effect that the parties agree to an
32
area of land being regulated.
33
Section 7
Wild Rivers (Environmental Management) Bill 2011 No. , 2011 5
7 Transitional provision
1
Despite section 5, a wild river declaration made before the
2
commencement of this Act continues to apply to Aboriginal land to
3
which it is expressed to apply until the earlier of:
4
(a) for an area of Aboriginal land--a new declaration is made
5
with the agreement of the owner of the Aboriginal land; or
6
(b) when 6 months elapse from the commencement of this Act.
7
8 Regulations
8
(1)
The Governor-General may make regulations for the purposes of
9
this Act.
10
(2)
Without limiting subsection (1), the regulations may prescribe
11
procedures:
12
(a) for seeking the agreement of an owner under this Act; and
13
(b) for negotiating the terms of the agreement; and
14
(c) for giving and evidencing the agreement; and
15
(d) for the continued employment of all existing Aboriginal
16
people and other people in the implementation in the
17
purposes of this Act.
18

 


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