Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1991 No. 396

Aboriginal Land Rights (Northern Territory) (Land Description) (Mt Kathleen Locality) Regulations

Issued by the Authority of the Minister of State for Aboriginal Affairs

These Regulations were made under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act) which provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 4(1) of the Act provides for the establishment of Aboriginal Land Trusts, to hold Crown land as described in Schedule 1 to the Act. Schedule 1 consists of Parts 1 to 3.

Section 77C of the Act permits the description of an area of land in Part 2 or 3 of Schedule 1 to be modified by the regulations. The power to modify in respect of a given description ceases when the land is vested in a Land Trust. Section 77C was included in the Act to allow for minor correction of descriptions of land (prior to the vesting of that land in an Aboriginal Land Trust) where survey or other evidence enables the boundaries of the land included in Part 2 or 3 of Schedule 1 to be described with a greater degree of precision.

Part 3 of Schedule 1 to the Act includes a description of an area of land in the Northern Territory known as the Mt Kathleen (Loves Creek) Locality. This area of land has not yet been vested in a Land Trust. The area concerned was originally described in Schedule 1 to the Act as accurately as possible by means of a metes and bounds description for one parcel of land and by means of a diagram for another.

The area of land has now been surveyed and the Regulations provided for the substitution in Schedule 1 to the Act of a new description referring to survey plans.

The Regulations will take effect from the date of notification in the Gazette.

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