Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PASTORAL LAND ACT 1992 - SECT 92

Definitions

    (1)     In this Part, unless the contrary intention appears:

"applicant", in relation to an application, means:

        (a)     an Aboriginal person:

            (i)     who at any time since 1 January 1968 was ordinarily resident on land which, at any time since that date, was comprised in the pastoral lease to which the application relates or which, together with land that comprises the pastoral lease, was comprised in another pastoral lease; or

            (ii)     who otherwise has an historical residential association with the pastoral lease the subject of the application,

    and who can demonstrate a present need for a community living area for himself or herself; or

        (b)     where the lessee of the relevant pastoral lease has consented in writing to the application being made, any other Aboriginal person.

"application" means an application under section 101.

"Chairperson "means the Chairperson of the Tribunal, and includes the Deputy Chairperson:

        (a)     while the Deputy Chairperson is exercising the powers and performing the functions of the Chairperson, including the performance of a function of the Chairperson in pursuance of a direction under section 106(1B)(b); or

        (b)     in relation to a meeting of the Tribunal at which the Deputy Chairperson is directed, in pursuance of section 106(1A)(a), to preside.

"Deputy Chairperson" means the Deputy Chairperson of the Tribunal.

"party", in relation to an application, means the applicant or the lessee of the pastoral lease to which the application relates.

"relevant Land Council" means the Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth for the area of the Territory in which the land the subject of an application or grant, or to which an agreement under section 113 relates, is situated.

"relevant pastoral organization", in relation to an application, means the organisation referred to in section 93(3) and approved by the Minister or, where more than one organisation is approved, the organisation so approved as representing the interests of pastoralists in that part of the Territory in which the land the subject of the application or grant is situated.

"Tribunal" means the Community Living Areas Tribunal continued in existence by section 93 or constituted under this Part.

    (2)     In relation to an application:

        (a)     a reference in this Part to pastoral land, a pastoral lease or land comprised in a pastoral lease includes a reference to an area which, at the time the application was made, was comprised in a pastoral lease but, before the application was finally disposed of, was converted to or included in a Crown lease of another kind and a lessee of the relevant lease into which the land was converted shall be a party to the application as if he or she were the pastoral lessee at the time the application was made; and

        (b)     where the Tribunal has not been constituted in relation to the application before that conversion to or inclusion in the Crown lease of another kind or after that conversion or inclusion is for any reason to be constituted with a new member, a reference in section 93(2)(b), (4) and (5) to the relevant pastoral organisation shall be construed as a reference to the lessee of that Crown lease,

and this Part, with the necessary changes, applies accordingly.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback