Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 34, 1987
Compilation No. 17
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 24 October 2016
About this compilation
This compilation
This is a compilation of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I--Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Crown
4A Application of the Criminal Code
5 Delegation
Part II--Vesting of Condah land and Framlingham Forest
6 Vesting of Condah land
7 Vesting of Framlingham Forest
8 Conversion of interests into claims for compensation
9 Notice to owners
10 Registration of vesting
11 Compensation
12 Miscellaneous
Part III--Management of Condah land
13 Management, transfer or lease of land
14 Rights of access over Condah land
15 By-laws
16 Sacred and significant sites
17 Committee of Elders
18 Powers of Committee of Elders
19 Winding up
20 Change of ownership of land
Part IV--Management of Framlingham Forest
21 Management, transfer or lease of Framlingham Forest
22 Rights of access over Framlingham Forest
23 By-laws
24 Sacred and significant sites
25 Membership
26 Committee of Elders
27 Power of Committee of Elders
28 Winding up
29 Change of ownership of land
Part V--Mining
30 Mining operations
31 Permission to carry out mining operation
32 Payments and other consideration
33 Conciliation and review
34 Sacred or significant sites
35 Offences
36 Entry onto relevant land and mining tenements
37 Offences by corporations
Part VI--Funding
38 Aboriginal Advancement Account
38A Notional accounts within the Aboriginal Advancement Account
Part VII--Miscellaneous
39 Exemption from land tax
40 Compensation for acquisition of property
41 Regulations
Schedule 1--Land in the Parish of Condah to be vested in the Kerrup-Jmara Elders Aboriginal Corporation
Part A
Part B
Schedule 2--Land in the Parish of Purnim to be vested in the Kirrae Whurrong Aboriginal Corporation
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
WHEREAS Condah land and Framlingham Forest are situated in the State of Victoria:
AND WHEREAS the Government of Victoria acknowledges:
(a) that:
(i) that part of Condah land shown shaded and hatched on the plan in Part A of Schedule 1 was originally Aboriginal land and was on 22 February 1984 acquired under the Crown Land (Reserves) Act 1978 of Victoria and is deemed to be temporarily reserved under that Act as an area of historic and archaeological interest;
(ii) that part of Condah land was traditionally owned, occupied, used and enjoyed by Aboriginals in accordance with Aboriginal laws, customs, traditions and practices;
(iii) the traditional Aboriginal rights of ownership, occupation, use and enjoyment concerning that part of Condah land are deemed never to have been extinguished;
(iv) that part of Condah land has been taken by force from the Kerrup -Jmara Clan without consideration as to compensation under common law or without regard to Kerrup-Jmara Law;
(v) Aboriginals residing on that part of Condah land and other Aboriginals are considered to be the inheritors in title from Aboriginals who owned, occupied, used and enjoyed the land since time immemorial;
(vi) that part of Condah land is of spiritual, social, historical, cultural and economic importance to the Kerrup -Jmara Community and to local and other Aboriginals;
(vii) it is expedient to acknowledge, recognise and assert the traditional rights of Aboriginals to that part of Condah land and the continuous association they have with the land; and
(b) that:
(i) Framlingham Forest was originally Aboriginal land and was later part of lands reserved temporarily from sale and for the use of Aboriginals under the exercise of the power vested in the Government of the State of Victoria with the advice of the Executive Council by Act No. 24 Victoria 117 and pursuant to the order of the Executive Council made on 19 September 1861;
(ii) Framlingham Forest was traditionally owned, occupied, used and enjoyed by Aboriginals in accordance with Aboriginal laws, customs, traditions and practices;
(iii) the traditional Aboriginal rights of ownership, occupation, use and enjoyment concerning Framlingham Forest are deemed never to have been extinguished;
(iv) Framlingham Forest has been taken by force from the Kirrae Whurrong (Pertobe) Clan without consideration as to compensation under common law or without regard to Kirrae Whurrong Law;
(v) Aboriginals residing at Framlingham Forest and other Aboriginals are considered to be the inheritors in title from Aboriginals who owned, occupied, used and enjoyed Framlingham Forest since time immemorial;
(vi) Framlingham Forest is of spiritual, social, historical, cultural and economic importance to the Kirrae Whurrong community and to local and other Aboriginals;
(vii) it is expedient to acknowledge, recognise and assert the traditional rights of Aboriginals to Framlingham Forest and the continuous association they have with Framlingham Forest:
AND WHEREAS the Government of Victoria has requested the Parliament of the Commonwealth to enact an Act in the terms of this Act:
AND WHEREAS the Commonwealth does not acknowledge the matters acknowledged by the Government of Victoria, but has agreed to the enactment of such an Act:
BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 | 34, 1987 | 2 June 1987 | s 1-5: 2 June 1987 (s 2(1)) |
|
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 | 99, 1988 | 2 Dec 1988 | 2 Dec 1988 | -- |
Lands Acquisition (Repeal and Consequential Provisions) Act 1989 | 21, 1989 | 20 Apr 1989 | 9 June 1989 (s 2 and gaz 1989, No S186) | -- |
150, 1989 | 27 Nov 1989 | 5 Mar 1990 (gaz 1990, No S48) | -- | |
Aboriginal Land (Lake Condah and Framlingham Forest) Amendment Act 1994 | 99, 1994 | 30 June 1994 | 30 June 1994 | -- |
152, 1997 | 24 Oct 1997 | Sch 2 (items 94-112): 1 Jan 1998 (s 2(2)) | -- | |
7, 1999 | 31 Mar 1999 | Sch 1-3: 1 Sept 1999 (gaz 1999, No. S395) | -- | |
Reconciliation and Aboriginal and Torres Strait Islander Affairs Legislation Amendment (Application of Criminal Code) Act 2001 | 112, 2001 | 17 Sept 2001 | 15 Oct 2001 | s 4 |
8, 2005 | 22 Feb 2005 | s 4 and Sch 1 (items 58, 496): 22 Feb 2005 | s 4 and Sch 1 (item 496) | |
Aboriginal and Torres Strait Islander Commission Amendment Act 2005 | 32, 2005 | 22 Mar 2005 | Sch 4 (items 5, 6): 24 Mar 2005 | Sch 4 (item 6) |
30, 2006 | 6 Apr 2006 | Sch 1 (item 20): 7 Apr 2006 | -- | |
125, 2006 | 4 Nov 2006 | Sch 1-3: 1 July 2007 (s 2(1)) Remainder: 4 Nov 2006 | -- | |
Aboriginal and Torres Strait Islander Heritage Protection Amendment Act 2006 | 152, 2006 | 7 Dec 2006 | Sch 1: 8 Dec 2006 | -- |
62, 2014 | 30 June 2014 | Sch 7 (item 53) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
5, 2015 | 25 Mar 2015 | Sch 3 (item 8): 25 Mar 2015 (s 2(1) item 10) | -- | |
10, 2015 | 5 Mar 2015 | Sch 3 (items 4, 5, 348, 349): 5 Mar 2016 (s 2(1) item 2) | Sch 3 (items 348, 349) | |
61, 2016 | 23 Sept 2016 | Sch 1 (items 12-24): 21 Oct 2016 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part I |
|
s 3..................... | am No. 99, 1994; No. 125, 2006 |
s 4A.................... | ad No. 112, 2001 |
s 5..................... | am No. 150, 1989; No. 32, 2005 |
Part II |
|
s 10.................... | am No. 7, 1999 |
s 11.................... | am No. 21, 1989 |
s 12.................... | am No. 21, 1989 |
Part III |
|
s 13.................... | am No. 125, 2006 |
s 15.................... | am No. 99, 1988; No. 125, 2006; No 10, 2015; No 61, 2016 |
s 16.................... | am No. 125, 2006; No. 152, 2006 |
s 18.................... | am No. 125, 2006 |
s 19.................... | am No. 125, 2006 |
s 20.................... | am No. 125, 2006 |
Part IV |
|
s 21.................... | am No. 125, 2006 |
s 23.................... | am No. 99, 1988; No 10, 2015; No 61, 2016 |
s 24.................... | am No. 152, 2006 |
s 25.................... | am No. 125, 2006 |
s 27.................... | am No. 125, 2006 |
s 28.................... | am No. 125, 2006 |
s 29.................... | am No. 125, 2006 |
Part V |
|
s 30.................... | am No. 21, 1989; No. 112, 2001; No 61, 2016 |
s 35.................... | am No. 112, 2001; No 61, 2016 |
s 36.................... | am No. 99, 1994 |
s37..................... | am No 5, 2015 |
Part VI |
|
Heading to Part VI.......... | rs No. 152, 1997 |
s 38.................... | am No. 152, 1997 |
| rs No. 8, 2005; No. 30, 2006 |
| am No 62, 2014 |
s 38A................... | ad No. 30, 2006 |