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This clause provides that the Acts specified in the Schedule are repealed.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