Northern Territory Explanatory Statements

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NORTHERN TERRITORY CIVIL AND ADMINISTRATIVE TRIBUNAL (CONFERRAL OF JURISDICTION FOR NATIVE TITLE MATTERS) BILL 2014

2014

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE

NORTHERN TERRITORY CIVIL AND ADMINISTRATIVE TRIBUNAL (CONFERRAL OF JURISDICTION FOR NATIVE TITLE MATTERS) BILL 2014

SERIAL NO. 93

EXPLANATORY STATEMENT


GENERAL OUTLINE

The general purpose of the Act is to confer jurisdiction on the Northern Territory Civil and Administrative Tribunal in relation to native title matters under the Commonwealth Native Title Act 1993.

This is necessary as the Act repeals the Lands, Planning and Mining Tribunal Act.

This Act established the Lands, Planning and Mining Tribunal as the independent body required by section 43A of the Commonwealth’s Native Title Amendment Act 1998, to hear objections regarding proposed grants of interests or titles under the Northern Territory’s land, mining, petroleum or energy pipeline acts and to determine compensation applications.

NOTES ON CLAUSES

Part 1 Preliminary Matters

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The Bill, when passed, may be cited as the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction for Native Title Matters) Act 2014.

Clause 2. Commencement

This is a formal clause which provides that the Act will commence on the commencement of the Northern Territory Civil and Administrative Tribunal Act 2014.

Clause 3. Definitions

This clause sets out the key definitions for the purposes of the Act.

They are: Native Title Act and Tribunal.

Part 2 Jurisdiction

Clause 4. Objections mentioned in Native Title Act

This clause prescribes that the Northern Territory Civil and Administrative Tribunal is the independent body mentioned in the relevant section of the Native Title Act that may hear and make recommendations about objections and for the determination of compensation under that Act. The clause also specifies who the parties are to a proceeding.

Part 3 Repeals and transitional matters

Division 1 Repeals

Clause 5. Repeals

This clause provides that the Acts specified in the Schedule are repealed.

Division 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction for Native Title Matters) Act 2014

Clause 6. Continuation of native title objection proceedings

This clause provides the transitional arrangements for proceedings that were being conducted by the Lands, Planning and Mining Tribunal immediately before the commencement of this Act.

The clause prescribes that the Lands, Planning and Mining Tribunal Act continues to apply in respect of such proceedings as if that Act had not been repealed by section 5.

Schedule Repealed Acts

This Schedule lists four Acts that are repealed by virtue of section 5 of the Act.

 


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