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ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) ACT 1984 - SECT 63
Right of Aborigines and Torres Strait Islanders to particular forest products and quarry material—non-Aboriginal and non-Torres Strait Islander land
63 Right of Aborigines and Torres Strait Islanders to particular forest
products and quarry material—non-Aboriginal and non-Torres Strait Islander
land
(1) Subject to sections 62 and 93 of the Nature Conservation Act 1992 , but
despite any other Act, a member of a community of Aborigines or Torres Strait
Islanders that lives in a community government or IRC area of a
community government or indigenous regional council is not liable to
prosecution for an offence for taking forest products or quarry material,
within the meaning of the Forestry Act 1959 , from above, on or below the
surface of trust land held by the community government or
indigenous regional council, for use within the community government or
IRC area of the community government or indigenous regional council.
(2)
Subsection (1) does not authorise the sale or other disposal for gain of
forest products or quarry material taken under that subsection.
(3) Despite
the Forestry Act 1959 , a community government or indigenous regional council
may authorise the gathering or digging, and removal of forest products or
quarry material from above, on or below the surface of trust land held by the
community government or indigenous regional council, for use within the
community government or IRC area of the community government or
indigenous regional council.
(4) The forest products or quarry material may
be gathered or dug, and removed, under subsection (3) without the payment of
royalty.
(5) In this section—
"trust land" means land that is trust land for the benefit of Aboriginal or
Torres Strait Islander inhabitants or for Aboriginal or Torres Strait Islander
purposes under the Land Act 1994 .
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