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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aboriginal Land Rights and Other
Legislation Amendment Bill 2013
No. , 2013
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend legislation relating to
Aboriginal land rights and other legislation, and for
related purposes
i Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments relating to Jabiru
3
Part 1--Amendments
3
Aboriginal Land Rights (Northern Territory) Act 1976
3
Environment Protection and Biodiversity Conservation Act 1999
16
Part 2--Compensation for acquisition of property
18
Schedule 2--Other amendments
19
Aboriginal Land Rights (Northern Territory) Act 1976
19
Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013 1
A Bill for an Act to amend legislation relating to
1
Aboriginal land rights and other legislation, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Aboriginal Land Rights and Other
6
Legislation Amendment Act 2013.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Amendments relating to Jabiru Schedule 1
Amendments Part 1
Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013 3
Schedule 1
--
Amendments relating to Jabiru
1
Part 1
--
Amendments
2
Aboriginal Land Rights (Northern Territory) Act 1976
3
1 Subsection 3(1)
4
Insert:
5
category A Jabiru land means land specified in an instrument
6
under subsection 3AD(1).
7
2 Subsection 3(1)
8
Insert:
9
category B Jabiru land means land specified in an instrument
10
under subsection 3AD(2).
11
3 Subsection 3(1)
12
Insert:
13
category C Jabiru land means land specified in an instrument
14
under subsection 3AD(3).
15
4 Subsection 3(1)
16
Insert:
17
Jabiru Town Development Authority means the Jabiru Town
18
Development Authority established by the Jabiru Town
19
Development Act (NT).
20
5 Subsection 3(1)
21
Insert:
22
Jabiru town land has the meaning given by section 3AC.
23
6 Subsection 3(1)
24
Insert:
25
Schedule 1 Amendments relating to Jabiru
Part 1 Amendments
4 Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013
Kakadu Aboriginal Land Trust means the Land Trust of that name
1
established by the Minister by notice published in the Gazette
2
under subsection 4(1).
3
7 Subsection 3AB(1)
4
After "Act,", insert "a".
5
8 Subsection 3AB(1)
6
Omit "means", substitute "is".
7
9 At the end of section 3AB
8
Add:
9
Kakadu Aboriginal Land Trust
10
(4) For the purposes of this Act, a township, in relation to the Kakadu
11
Aboriginal Land Trust, is the area of Jabiru town land.
12
(5) Subsection (4) does not limit the application of subsections (1) to
13
(3) in relation to the Kakadu Aboriginal Land Trust.
14
10 After section 3AB
15
Insert:
16
3AC Jabiru town land
17
(1) For the purposes of this Act, Jabiru town land means the land
18
specified in an instrument under subsection (2).
19
(2) The Minister must, by legislative instrument, specify land for the
20
purposes of subsection (1).
21
(3) Before making a legislative instrument under subsection (2), the
22
Minister must have regard to the boundaries of the land comprising
23
the whole of former Northern Territory Portion 2272 delineated on
24
Survey Plan S79/31 lodged with the Surveyor-General, Darwin.
25
(4) Before making a legislative instrument under subsection (2), the
26
Minister must consult the Government of the Northern Territory
27
and the Land Council for the area in which the land is situated. The
28
Minister may also consult such other persons or bodies as the
29
Minister thinks appropriate.
30
Amendments relating to Jabiru Schedule 1
Amendments Part 1
Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013 5
3AD Category A, B and C Jabiru land
1
Category A Jabiru land
2
(1) For the purposes of the definition of category A Jabiru land in
3
subsection 3(1), the Minister must, by legislative instrument,
4
specify an area of the Jabiru town land.
5
Category B Jabiru land
6
(2) For the purposes of the definition of category B Jabiru land in
7
subsection 3(1), the Minister must, by legislative instrument,
8
specify an area of the Jabiru town land.
9
Category C Jabiru land
10
(3) For the purposes of the definition of category C Jabiru land in
11
subsection 3(1), the Minister must, by legislative instrument,
12
specify an area of the Jabiru town land.
13
Entire land to be specified
14
(4) The whole of the Jabiru town land must be specified under this
15
section.
16
11 Subsection 4(1)
17
Omit "Crown".
18
12 Subsection 4(1A)
19
Omit "Crown Land", substitute "land".
20
13 After paragraph 4(2B)(a)
21
Insert:
22
(aa) because of a proposed grant of an estate in fee simple, in the
23
land described under the heading "JABIRU" in Part 4 of
24
Schedule 1, to the Kakadu Aboriginal Land Trust in
25
accordance with this Act; or
26
14 Section 10 (heading)
27
Repeal the heading, substitute:
28
Schedule 1 Amendments relating to Jabiru
Part 1 Amendments
6 Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013
10 Recommendations for grants of land described in Schedule 1
1
15 Subparagraphs 10(1)(a)(i) and (2)(a)(i)
2
After "Schedule 1", insert "(other than an area of land described under
3
the heading „JABIRU‟ in Part 4 of Schedule 1)".
4
16 After subsection 10(2AA)
5
Insert:
6
(2AB) The Minister must recommend to the Governor-General that a
7
grant of an estate in fee simple in the land described in
8
paragraphs (a) and (c) under the heading "JABIRU" in Part 4 of
9
Schedule 1 be made to the Kakadu Aboriginal Land Trust.
10
(2AC) The Minister must recommend to the Governor-General that a
11
grant of an estate in fee simple in the Jabiru town land be made to
12
the Kakadu Aboriginal Land Trust.
13
17 After subsection 12(1)
14
Insert:
15
(1AA) Subject to this section, on the receipt of a recommendation under
16
subsection 10(2AB) with respect to land, the Governor-General
17
may execute a deed of grant of an estate in fee simple in that land
18
to the Kakadu Aboriginal Land Trust.
19
(1AB) If:
20
(a) a deed of grant of an estate in fee simple in land is executed
21
under subsection (1AA); and
22
(b) the Minister is satisfied that:
23
(i) a lease under section 19 granted by the Kakadu
24
Aboriginal Land Trust to the Director has been varied to
25
cover the whole of that land; and
26
(ii) the variation is expressed to take effect on the date that a
27
deed of grant of an estate in fee simple in that land to
28
that Land Trust is delivered to that Land Trust;
29
then the Governor-General may deliver that deed of grant to the
30
Kakadu Aboriginal Land Trust.
31
(1AC) Subject to this section, on the receipt of a recommendation under
32
subsection 10(2AC) with respect to land, the Governor-General
33
Amendments relating to Jabiru Schedule 1
Amendments Part 1
Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013 7
may execute a deed of grant of an estate in fee simple in that land
1
to the Kakadu Aboriginal Land Trust.
2
(1AD) If:
3
(a) a deed of grant of an estate in fee simple in land is executed
4
under subsection (1AC); and
5
(b) the Minister is satisfied that:
6
(i) subsections (1AE), (1AF) and (1AG) apply; or
7
(ii) subsection (1AH) applies;
8
then the Governor-General may deliver that deed of grant to the
9
Kakadu Aboriginal Land Trust.
10
(1AE) This subsection applies if:
11
(a) a lease under section 19 granted by the Kakadu Aboriginal
12
Land Trust to the Director has been varied to cover the whole
13
of the category A Jabiru land; and
14
(b) the variation is expressed to take effect on the date that a
15
deed of grant of an estate in fee simple in the Jabiru town
16
land to that Land Trust is delivered to that Land Trust.
17
(1AF) This subsection applies if:
18
(a) the Kakadu Aboriginal Land Trust has entered into a lease,
19
under section 19, with the Aboriginal and Torres Strait
20
Islander corporation referred to in subsection 19(3F),
21
covering the whole of the category B Jabiru land; and
22
(b) the lease is expressed to take effect on the date that a deed of
23
grant of an estate in fee simple in the Jabiru town land to that
24
Land Trust is delivered to that Land Trust.
25
(1AG) This subsection applies if:
26
(a) the Kakadu Aboriginal Land Trust has entered into a lease,
27
under section 19, with the Northern Territory covering the
28
whole of the category C Jabiru land; and
29
(b) the lease is expressed to take effect on the date that a deed of
30
grant of an estate in fee simple in the Jabiru town land to that
31
Land Trust is delivered to that Land Trust.
32
(1AH) This subsection applies if:
33
(a) the Kakadu Aboriginal Land Trust has entered into a lease,
34
under section 19A, with the Commonwealth covering the
35
whole of the Jabiru town land; and
36
Schedule 1 Amendments relating to Jabiru
Part 1 Amendments
8 Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013
(b) the lease is expressed to take effect on the date that a deed of
1
grant of an estate in fee simple in that land to that Land Trust
2
is delivered to that Land Trust.
3
(1AI) If a deed of grant is delivered to the Kakadu Aboriginal Land Trust
4
under subsection (1AB) or (1AD), subsection (2A) applies to the
5
estate in fee simple in the land held by the Director, but does not
6
apply to any other estate or interest in the land held by the Director.
7
Note:
Subsection (2A) has the effect that the estate in fee simple in the land
8
held by the Director ceases to exist at the time the deed of grant takes
9
effect.
10
18 After subsection 12(2A)
11
Insert:
12
(2AB) If a deed of grant is delivered to the Kakadu Aboriginal Land Trust
13
under subsection (1AD), then, at the time the deed of grant takes
14
effect, the lease of the Jabiru town land by the Director to the
15
Jabiru Town Development Authority ceases to exist.
16
19 After subsection 12A(1)
17
Insert:
18
(1A) Subsection (1) does not apply to an estate or interest of the Director
19
in land described under the heading "JABIRU" in Part 4 of
20
Schedule 1.
21
20 Subsection 19(1)
22
Repeal the subsection, substitute:
23
(1) Except as provided by this section or section 19A or 20, a Land
24
Trust must not deal with or dispose of, or agree to deal with or
25
dispose of:
26
(a) any estate or interest in land vested in it; or
27
(b) the land described under the heading "JABIRU" in Part 4 of
28
Schedule 1.
29
21 After subsection 19(3C)
30
Insert:
31
(3D) A lease under this section granted by the Kakadu Aboriginal Land
32
Trust to the Director may be varied to cover the land described in
33
Amendments relating to Jabiru Schedule 1
Amendments Part 1
Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013 9
paragraphs (a) and (c) under the heading "JABIRU" in Part 4 of
1
Schedule 1, despite a deed of grant of an estate in fee simple in that
2
land to that Land Trust not having been delivered to that Land
3
Trust. The variation must be expressed to take effect on the date
4
that such a deed of grant is delivered to that Land Trust.
5
(3E) A lease under this section granted by the Kakadu Aboriginal Land
6
Trust to the Director may be varied to cover the category A Jabiru
7
land, despite a deed of grant of an estate in fee simple in the Jabiru
8
town land to that Land Trust not having been delivered to that
9
Land Trust. The variation must be expressed to take effect on the
10
date that such a deed of grant is delivered to that Land Trust.
11
(3F) With the consent, in writing, of the Minister, and at the direction,
12
in writing, of the relevant Land Council, the Kakadu Aboriginal
13
Land Trust may grant to the Aboriginal and Torres Strait Islander
14
corporation, nominated in writing by the relevant Land Council, a
15
lease of the category B Jabiru land.
16
(3G) The Kakadu Aboriginal Land Trust may grant a lease mentioned in
17
subsection (3F) despite a deed of grant of an estate in fee simple in
18
the Jabiru town land to that Land Trust not having been delivered
19
to that Land Trust. The lease must be expressed to take effect on
20
the date that such a deed of grant is delivered to that Land Trust.
21
(3H) With the consent, in writing, of the Minister, and at the direction,
22
in writing, of the relevant Land Council, the Kakadu Aboriginal
23
Land Trust may grant to the Northern Territory a lease of the
24
category C Jabiru land.
25
(3J) The Kakadu Aboriginal Land Trust may grant a lease mentioned in
26
subsection (3H) despite a deed of grant of an estate in fee simple in
27
the Jabiru town land to that Land Trust not having been delivered
28
to that Land Trust. The lease must be expressed to take effect on
29
the date that such a deed of grant is delivered to that Land Trust.
30
(3K) The Minister must not give a consent under subsection (3F) or
31
(3H) in relation to the grant of a lease mentioned in that subsection
32
unless:
33
(a) the term of the lease is 99 years; and
34
(b) the Minister administering the Environment Protection and
35
Biodiversity Conservation Act 1999 is satisfied that the terms
36
and conditions of the lease are consistent with the protection
37
Schedule 1 Amendments relating to Jabiru
Part 1 Amendments
10 Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013
of the world heritage values, and other natural and cultural
1
values, of Kakadu National Park (within the meaning of that
2
Act).
3
(3L) If a lease under this section is varied as mentioned in
4
subsection (3E) or a lease (the new lease) mentioned in
5
subsection (3F) or (3H) is granted under this section:
6
(a) any right, title or interest, or any thing, that was registered
7
under the Land Title Act (NT) in relation to the applicable
8
land immediately before the time the variation or new lease,
9
as the case may be, takes effect, other than:
10
(i) the estate in fee simple in the applicable land held by
11
the Director; and
12
(ii) any right, title or interest, or any thing, held by the
13
Jabiru Town Development Authority in relation to the
14
applicable land;
15
has full force and effect in accordance with its terms at and
16
after that time; and
17
(b) any right, title or interest in relation to the applicable land
18
that was granted:
19
(i) under any right, title or interest, or any thing, covered
20
by paragraph (a); or
21
(ii) under any right, title or interest, or any thing, held by
22
the Jabiru Town Development Authority in relation to
23
the applicable land;
24
and that existed immediately before the time the variation or
25
new lease, as the case may be, takes effect, has full force and
26
effect in accordance with its terms at and after that time; and
27
(c) any right, title or interest:
28
(i) in relation to a facility (within the meaning of the
29
Telecommunications Act 1997) that is on, over or under
30
the applicable land and is owned or operated by a carrier
31
(within the meaning of that Act); and
32
(ii) that existed immediately before the time the variation or
33
new lease, as the case may be, takes effect;
34
has full force and effect in accordance with its terms at and
35
after that time; and
36
(d) any right, title or interest in relation to the trust assets (see
37
subsection (3N)) that existed immediately before the time the
38
variation or new lease, as the case may be, takes effect, has
39
Amendments relating to Jabiru Schedule 1
Amendments Part 1
Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013 11
full force and effect in accordance with its terms at and after
1
that time; and
2
(e) any right, title or interest, or any thing, in relation to the
3
applicable land, specified in a legislative instrument made by
4
the Minister under this paragraph, has full force and effect in
5
accordance with its terms at and after the time the variation
6
or new lease, as the case may be, takes effect.
7
(3M) For the purposes of subsection (3L), the applicable land is:
8
(a) for a lease under this section varied as mentioned in
9
subsection (3E)--the category A Jabiru land; and
10
(b) for a lease mentioned in subsection (3F)--the category B
11
Jabiru land; and
12
(c) for a lease mentioned in subsection (3H)--the category C
13
Jabiru land.
14
(3N) For the purposes of paragraph (3L)(d), trust assets means Trust
15
Assets within the meaning of subclause 1(1) of the Agreement
16
between the Jabiru Town Development Authority and Energy
17
Resources of Australia Ltd made on 23 August 1985.
18
(3P) Paragraphs (3L)(a) to (d) do not limit paragraph (3L)(e).
19
(3Q) Any right, title or interest, or any thing, to which subsection (3L)
20
applies has full force and effect in accordance with its terms, at and
21
after the time the variation or new lease, as the case may be, takes
22
effect, even if the right, title, interest or thing did not have full
23
force and effect according to its terms immediately before that
24
time.
25
(3R) If subsection (3L) applies in relation to a right, title, interest or
26
thing granted by the Jabiru Town Development Authority, then, at
27
and after the time the variation or new lease, as the case may be,
28
takes effect, the right, title, interest or thing has full force and
29
effect in accordance with its terms as if it were granted by:
30
(a) for a lease under this section varied as mentioned in
31
subsection (3E)--the Director; or
32
(b) for a lease mentioned in subsection (3F)--the Aboriginal and
33
Torres Strait Islander corporation referred to in that
34
subsection; or
35
(c) for a lease mentioned in subsection (3H)--the Northern
36
Territory.
37
Schedule 1 Amendments relating to Jabiru
Part 1 Amendments
12 Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013
(3S) If:
1
(a) subsection (3L) applies in relation to a right, title, interest or
2
thing; and
3
(b) immediately before the time the variation or new lease, as the
4
case may be, takes effect, that right, title, interest or thing is,
5
in accordance with its terms, contingent on the existence of
6
the lease of the Jabiru town land by the Director to the Jabiru
7
Town Development Authority;
8
then, for the purposes of subsections (3L) to (3R), at the time the
9
variation or new lease, as the case may be, takes effect, those terms
10
are taken to have been modified so that the right, title, interest or
11
thing is contingent on the existence of the varied lease, or of the
12
new lease, as the case may be.
13
(3T) Before making a legislative instrument under paragraph (3L)(e),
14
the Minister must consult the relevant Land Council. The Minister
15
may also consult such other persons or bodies as the Minister
16
thinks appropriate.
17
(3U) If the Minister makes a legislative instrument under
18
paragraph (3L)(e), the Minister must give a copy of the instrument
19
to the relevant Land Council.
20
22 Subsections 19(8A) and (8B)
21
After "(3)", insert ", (3F), (3H)".
22
23 After subsection 19A(1A)
23
Insert:
24
Lease of Jabiru town land
25
(1B) The Kakadu Aboriginal Land Trust may grant a lease of the Jabiru
26
town land to the Commonwealth under this section despite a deed
27
of grant of an estate in fee simple in that land to that Land Trust
28
not having been delivered to that Land Trust. The lease must be
29
expressed to take effect on the date that such a deed of grant is
30
delivered to that Land Trust.
31
(1C) The Minister must not give a consent under subsection (1) in
32
relation to the grant of a lease mentioned in subsection (1B) unless:
33
(a) the term of the lease is 99 years; and
34
Amendments relating to Jabiru Schedule 1
Amendments Part 1
Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013 13
(b) the Minister administering the Environment Protection and
1
Biodiversity Conservation Act 1999 is satisfied that the terms
2
and conditions of the lease are consistent with the protection
3
of the world heritage values, and other natural and cultural
4
values, of Kakadu National Park (within the meaning of that
5
Act).
6
24 After subsection 19A(11)
7
Insert:
8
(11A) Subsections (10) and (11) do not apply in relation to the grant of a
9
lease mentioned in subsection (1B).
10
(11B) If a lease mentioned in subsection (1B) is granted under this
11
section:
12
(a) any right, title or interest, or any thing, that was registered
13
under the Land Title Act (NT) in relation to the land (the
14
relevant land) the subject of the lease immediately before the
15
time the lease takes effect, other than:
16
(i) the estate in fee simple in the relevant land held by the
17
Director; and
18
(ii) any right, title or interest, or any thing, held by the
19
Jabiru Town Development Authority in relation to the
20
relevant land;
21
has full force and effect in accordance with its terms at and
22
after that time; and
23
(b) any right, title or interest in relation to the relevant land that
24
was granted:
25
(i) under any right, title or interest, or any thing, covered
26
by paragraph (a); or
27
(ii) under any right, title or interest, or any thing, held by
28
the Jabiru Town Development Authority in relation to
29
the relevant land;
30
and that existed immediately before the time the lease takes
31
effect, has full force and effect in accordance with its terms at
32
and after that time; and
33
(c) any right, title or interest:
34
(i) in relation to a facility (within the meaning of the
35
Telecommunications Act 1997) that is on, over or under
36
the relevant land and is owned or operated by a carrier
37
(within the meaning of that Act); and
38
Schedule 1 Amendments relating to Jabiru
Part 1 Amendments
14 Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013
(ii) that existed immediately before the time the lease takes
1
effect;
2
has full force and effect in accordance with its terms at and
3
after that time; and
4
(d) any right, title or interest in relation to the trust assets (see
5
subsection (11C)) that existed immediately before the time
6
the lease takes effect, has full force and effect in accordance
7
with its terms at and after that time; and
8
(e) any right, title or interest, or any thing, in relation to the
9
relevant land, specified in a legislative instrument made by
10
the Minister under this paragraph, has full force and effect in
11
accordance with its terms at and after the time the lease takes
12
effect.
13
(11C) For the purposes of paragraph (11B)(d), trust assets means Trust
14
Assets within the meaning of subclause 1(1) of the Agreement
15
between the Jabiru Town Development Authority and Energy
16
Resources of Australia Ltd made on 23 August 1985.
17
(11D) Paragraphs (11B)(a) to (d) do not limit paragraph (11B)(e).
18
(11E) Any right, title, interest or thing to which subsection (11B) applies
19
has full force and effect in accordance with its terms, at and after
20
the time the lease takes effect, even if the right, title, interest or
21
thing did not have full force and effect according to its terms
22
immediately before that time.
23
(11F) If subsection (11B) applies in relation to a right, title, interest or
24
thing granted by the Jabiru Town Development Authority, then, at
25
and after the time the lease takes effect, the right, title, interest or
26
thing has full force and effect in accordance with its terms as if it
27
were granted by the Commonwealth.
28
(11G) If:
29
(a) subsection (11B) applies in relation to a right, title, interest or
30
thing; and
31
(b) immediately before the time the lease (the new lease)
32
mentioned in subsection (1B) takes effect, that right, title,
33
interest or thing is, in accordance with its terms, contingent
34
on the existence of the lease of the Jabiru town land by the
35
Director to the Jabiru Town Development Authority;
36
Amendments relating to Jabiru Schedule 1
Amendments Part 1
Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013 15
then, for the purposes of subsections (11B) to (11F), at the time the
1
new lease takes effect, those terms are taken to have been modified
2
so that the right, title, interest or thing is contingent on the
3
existence of the new lease.
4
(11H) Before making a legislative instrument under paragraph (11B)(e),
5
the Minister must consult the Land Council for the area in which
6
the relevant land is situated. The Minister may also consult such
7
other persons or bodies as the Minister thinks appropriate.
8
(11J) If the Minister makes a legislative instrument under
9
paragraph (11B)(e), the Minister must give a copy of the
10
instrument to the Land Council for the area in which the relevant
11
land is situated.
12
25 Paragraph 19A(12)(a)
13
After "subsection (11)", insert "or (11F)".
14
26 Subsection 19A(12)
15
Omit "or other interest" (wherever occurring), substitute ", interest or
16
thing".
17
27 Part 4 of Schedule 1 (after the item relating to
18
INNESVALE)
19
Insert:
20
JABIRU
21
All that land in the Northern Territory comprising:
22
(a) the whole of Northern Territory Portion 2271 delineated on
23
Survey Plan S77/144B lodged with the Surveyor-General,
24
Darwin, and containing an area of approximately 5.14
25
hectares; and
26
(b) the whole of the Jabiru town land (see section 3AC of this
27
Act); and
28
(c) the whole of Northern Territory Portion 2273 delineated on
29
Survey Plans S77/144A, S77/144B, S77/144C and S77/144D
30
lodged with the Surveyor-General, Darwin, and containing an
31
area of approximately 5,502 hectares.
32
Schedule 1 Amendments relating to Jabiru
Part 1 Amendments
16 Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013
Environment Protection and Biodiversity Conservation Act
1
1999
2
28 After subsection 345A(2)
3
Insert:
4
(2A) However, subsection (2) does not apply to:
5
(a) a usage right acquired by the Commonwealth in relation to
6
the Jabiru town land (within the meaning of the Aboriginal
7
Land Rights (Northern Territory) Act 1976); or
8
(b) a usage right acquired by the Commonwealth that is
9
prescribed by the regulations for the purposes of this
10
paragraph.
11
29 Subsection 388(1)
12
After "may", insert "use or".
13
30 Subparagraph 388(1)(b)(i)
14
Omit "or (3)".
15
31 Subsections 388(2), (3) and (4)
16
Repeal the subsections, substitute:
17
(2) A person (other than the Director) may use or develop a township
18
only on land that the person holds under lease or sub-lease from:
19
(a) the Commonwealth; or
20
(b) the Director; or
21
(c) the Kakadu Aboriginal Land Trust (within the meaning of the
22
Aboriginal Land Rights (Northern Territory) Act 1976); or
23
(d) the Northern Territory; or
24
(e) the Aboriginal and Torres Strait Islander corporation referred
25
to in subsection 19(3F) of the Aboriginal Land Rights
26
(Northern Territory) Act 1976.
27
32 Subsections 389(1) and (2)
28
Repeal the subsections, substitute:
29
Amendments relating to Jabiru Schedule 1
Amendments Part 1
Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013 17
Management plan provisions
1
(1) The provisions of a management plan for a Commonwealth reserve
2
that relate to a township must include provisions for and in relation
3
to the use and development of the township.
4
Town plan provisions
5
(2) A town plan must make detailed provision in relation to the use
6
and development of the township, including, in particular, the
7
provision (if any) to be made for any matters that are specified for
8
the purposes of this subsection by:
9
(a) the management plan for the Commonwealth reserve
10
containing the township; or
11
(b) the regulations.
12
33 Paragraph 389(3)(a)
13
Omit "that would not otherwise apply in relation to the township".
14
34 Subsection 389(4)
15
Repeal the subsection.
16
35 Saving
--
management plans and town plans
17
The amendment made by item 32 does not affect the validity of a
18
management plan, or a town plan, in force immediately before the
19
commencement of that item.
20
Schedule 1 Amendments relating to Jabiru
Part 2 Compensation for acquisition of property
18 Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013
Part 2
--
Compensation for acquisition of property
1
36 Compensation for acquisition of property
2
(1)
If:
3
(a) the operation of this Schedule; or
4
(b) an act done under a provision of the Aboriginal Land Rights
5
(Northern Territory) Act 1976 inserted by this Schedule;
6
would result in an acquisition of property from a person otherwise than
7
on just terms, the Commonwealth is liable to pay a reasonable amount
8
of compensation to the person.
9
(2)
If the Commonwealth and the person do not agree on the amount of the
10
compensation, the person may institute proceedings in a court of
11
competent jurisdiction for the recovery from the Commonwealth of
12
such reasonable amount of compensation as the court determines.
13
(3)
In this item:
14
acquisition of property has the same meaning as in paragraph 51(xxxi)
15
of the Constitution.
16
just terms has the same meaning as in paragraph 51(xxxi) of the
17
Constitution.
18
Other amendments Schedule 2
Aboriginal Land Rights and Other Legislation Amendment Bill 2013 No. , 2013 19
Schedule 2
--
Other amendments
1
2
Aboriginal Land Rights (Northern Territory) Act 1976
3
1 Part 4 of Schedule 1 (at the end of the item relating to
4
PATTA)
5
Add:
6
; and (f) the whole of Northern Territory Portion 7021 delineated on
7
Survey Plan S2009/1A lodged with the Surveyor-General,
8
Darwin, and containing an area of approximately 11.37
9
hectares.
10
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