Aboriginal Land Rights (Northern Territory) Amendment Bill 2015

7/24/2019 Aboriginal Land Rights (Northern Territory) Amendment Bill 2015

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2013-2014-2015

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

As passed by both Houses

Aboriginal Land Rights (NorthernTerritory) Amendment Bill 2015

No. , 2015

A Bill for an Act to amend the Abori ginal LandRights (Nor thern Terr itory) Act 1976, and for other

purposes


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No. , 2015 Aboriginal Land Rights (Northern Territory) Amendment Bill 2015 i

Contents1 Short title .................... ..................... ...................... ...................... ...... 1

2 Commencement ..................... ..................... ...................... ................. 1

3 Schedules .................... ..................... ...................... ...................... ...... 2

Schedule 1Amendments 3

Part 1Amendments 3

Aboriginal Land Rights (Northern Territory) Act 1976 3

Part 2Application and transitional provisions 14


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No. , 2015 Aboriginal Land Rights (Northern Territory) Amendment Bill 2015 1

A Bill for an Act to amend the Abori ginal Land1

Rights (Nor thern Terr itory) Act 1976, and for other2

purposes3

The Parliament of Australia enacts:4

1 Short title5

This Act may be cited as theAboriginal Land Rights (Northern6Territory) Amendment Act 2015.7

2 Commencement8

(1) Each provision of this Act specified in column 1 of the table9

commences, or is taken to have commenced, in accordance with10

column 2 of the table. Any other statement in column 2 has effect11 according to its terms.12

13


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2 Aboriginal Land Rights (Northern Territory) Amendment Bill 2015 No. , 2015

Commencement information

Column 1 Column 2 Column 3

Provisions Commencement Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1 The day after this Act receives the Royal

Assent.

Note: This table relates only to the provisions of this Act as originally1

enacted. It will not be amended to deal with any later amendments of2this Act.3

(2) Any information in column 3 of the table is not part of this Act.4

Information may be inserted in this column, or information in it5may be edited, in any published version of this Act.6

3 Schedules7

Legislation that is specified in a Schedule to this Act is amended or8

repealed as set out in the applicable items in the Schedule9concerned, and any other item in a Schedule to this Act has effect10according to its terms.11


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Amendments Schedule 1

Amendments Part 1


Schedule1Amendments1

Part1Amendments2

Aboriginal Land Rights (Northern Territory) Act 19763

1 Division 2 of Part IIA (heading)4

Repeal the heading, substitute:5

Division2Functions of the Executive Director etc.6

2 After paragraph 20C(ad)7

Insert:8

(ae) to administer subleases acquired by the Commonwealth9

under subsection 20CB(2), including administering other10rights and interests derived from such subleases, in11accordance with their terms and conditions; and12

3 Section 20CA (heading)13


20CA Executive Director to hold leases and subleases on behalf of15

the Commonwealth16

4 At the end of subsection 20CA(1)17

Add:18

; or (e) the proprietor of a lease of Aboriginal land is considering19granting a sublease of some or all of the land.20

5 After subsection 20CA(4)21

Insert:22

(4A) To avoid doubt, for the purposes of paragraph (1)(e), the proprietor23may be the Director of National Parks (within the meaning of the24Environment Protection and Biodiversity Conservation Act 1999).25

(4B) To avoid doubt, for the purposes of paragraph (1)(e), the lease may26be a lease granted under section 19A.27


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Schedule 1 Amendments

Part 1 Amendments


6 At the end of Division 2 of Part IIA1

Add:2

20CB Transfer of subleases3

(1) If the Executive Director holds a sublease of some or all of a parcel4of Aboriginal land on behalf of the Commonwealth, the Executive5

Director may, on behalf of the Commonwealth, transfer the6sublease to an Aboriginal and Torres Strait Islander corporation, so7

long as the transfer is in accordance with the terms and conditions8of the sublease.9

(2) If:10

(a) an Aboriginal and Torres Strait Islander corporation holds a11sublease of some or all of a parcel of Aboriginal land; and12

(b) the sublease was transferred to the Aboriginal and Torres13Strait Islander corporation under subsection (1);14

the Executive Director may, on behalf of the Commonwealth,15acquire the sublease by way of transfer from the Aboriginal and16Torres Strait Islander corporation, so long as the transfer is in17

accordance with the terms and conditions of the sublease.18

7 Division 6 of Part IIA (heading)19


Division6Effect on other laws in relation to certain21

leases or subleases held by Executive Director22

8 After subsection 20S(2)23

Insert:24

(2A) The Commonwealth is authorised to acquire a sublease in25

accordance with subsection 20CB(2).26

9 After subsection 20S(3)27

Insert:28

(3A) The Commonwealth is authorised to transfer a sublease in29

accordance with subsection 20CB(1).30


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Amendments Part 1


10 At the end of section 20S1

Add:2

(6) If a sublease was acquired by the Commonwealth under3

subsection 20CB(2), the Commonwealth is authorised to grant a4right or interest in relation to the sublease in accordance with the5terms and conditions of the sublease.6

11 Section 20SA (heading)7


20SA Modification of certain NT laws in relation to leases or9

subleases held by Executive Director10

12 At the end of subsection 20SA(1)11

Add:12

; or (c) the transfer of a sublease to the Commonwealth under13subsection 20CB(2).14


Add or transfer, as the case may be.16

14 Subsection 20SA(3)17

After grant, insert , or the instrument of transfer, as the case may18be,.19


Add of the lease or sublease, or the transfer of the sublease, as the case21maybe.22

16 Section 20SB (heading)23


20SB Modification of certain NT laws in relation to land the subject25

of leases or subleases held by Executive Director26

17 At the end of subsection 20SB(1)27

Add:28


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Part 1 Amendments


; or (c) a sublease acquired by the Commonwealth under1subsection 20CB(2).2

17A After section 21D3

Insert:4

21E Variation of boundaries5

Request6

(1) Two Land Councils may, by joint written notice given to the7Minister, request the Minister to vary the boundaries of the areas of8

the Councils, so that a specified area:9

(a) ceases to be part of the area of one of those Councils; and10

(b) becomes part of the area of the other Council.11

(2) A Land Council must not make a request under subsection (1)12

unless the Council is satisfied that:13

(a) the traditional Aboriginal owners (if any) of the land in the14specified area understand the nature and purpose of the15

proposed variation and, as a group, consent to it; and16

(b) any Aboriginal community or group that may be affected by17the proposed variation has been consulted and has had18adequate opportunity to express its view to the Council.19

Variation20

(3) If the Minister receives a request under subsection (1), the Minister21may, by writing, vary the boundaries of the areas of the Land22Councils in accordance with the request.23

Publication24

(4) The Minister must publish an instrument under subsection (3) in25the Gazette.26

Notice not a legislative instrument27

(5) An instrument under subsection (3) is not a legislative instrument.28

17B After paragraph 28(1)(c)29

Insert:30


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Amendments Part 1


(ca) the making of a request under section 21E;1

17C Before paragraph 28(2)(a)2

Insert:3

(aa) the making of a request under section 21E;4

17D At the end of paragraph 28(3)(b)5

Add , except subsection(4) of that section.6

17E At the end of subsection 28(3)7

Add:8

; (e) section 68 (about roads over Aboriginal land);9

(f) subsection 70(4) (about access agreements);10

and the Council may also delegate to the corporation the Councils11

other functions and powers, so far as they are associated with the12performance of a function, or the exercise of a power, that is:13

(g) conferred by a provision mentioned in any of the above14paragraphs; and15

(h) covered by the delegation.16

17F Paragraph 28A(2)(b)17

After Council, insert (the relevant part).18

17G After paragraph 28A(2)(b)19

Insert:20

(ba) set out the names of the corporations members; and21

(bb) set out evidence that a majority of the members of the22corporation are either:23

(i) the traditional Aboriginal owners of land in the relevant24part; or25

(ii) Aboriginals who live in the relevant part; and26

(bc) set out the reason the corporation seeks the delegation; and27

(bd) set out the reason the corporation selected the relevant part;28and29

(be) set out a description of any consultation by the corporation30with the following persons in relation to the delegation:31

(i) traditional Aboriginal owners of land in the relevant32part;33


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Part 1 Amendments


(ii) any other Aboriginal community or group that may be1affected by the delegation; and2

(bf) set out a description of any conflict of interest arrangements3the corporation has in place; and4

(bg) set out the qualifications and experience of:5

(i) the corporations officers (within the meaning of the6Corporations (Aboriginal and Torres Strait Islander)7Act 2006); and8

(ii) the corporations employees (within the meaning of that9Act);10

that are relevant to the delegation; and11

(bh) set out how the corporation proposes to make decisions in12relation to the delegated functions or powers, including any13proposed ongoing consultation with the persons mentioned in14paragraph (be); and15

(bi) set out an estimate of the resources required to perform or16exercise the delegated functions or powers; and17

(bj) set out the following breakdown of the resources mentioned18in paragraph (bi):19

(i) resources the corporation has at its disposal;20

(ii) resources the corporation proposes to obtain from the21Council;22

(iii) resources the corporation proposes to obtain from23another source, and the name of that source; and24

17H At the end of subsection 28A(2)25

Add:26

; and (d) be accompanied by:27

(i) a copy of the general report that the corporation has28most recently lodged with the Registrar of Aboriginal29

and Torres Strait Islander Corporations under the30Corporations (Aboriginal and Torres Strait Islander)31Act 2006; and32

(ii) a copy of the financial report that the corporation has33most recently lodged with the Registrar of Aboriginal34and Torres Strait Islander Corporations under the35

Corporations (Aboriginal and Torres Strait Islander)36Act 2006; and37


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Amendments Part 1


(iii) a copy of the directors report that the corporation has1most recently lodged with the Registrar of Aboriginal2and Torres Strait Islander Corporations under the3Corporations (Aboriginal and Torres Strait Islander)4

Act 2006; and5

(iv) if the financial report mentioned in subparagraph (ii) has6been audited as required under the Corporations7(Aboriginal and Torres Strait Islander) Act 2006a8

copy of the auditors report.9

Note: Examples of resources for paragraphs (bi) and (bj) are money,10employees, premises and equipment.11

17J After subsection 28A(2)12

Insert:13

(2A) The Council must give the Minister a copy of the application.14

17K Subsection 28A(4) (note)15

Repeal the note.16

17L Subsections 28A(5) and (6)17

Repeal the subsections, substitute:18

Time limit19

(5) The Council must take all reasonable steps to ensure that a decision20

is made on the application within:21

(a) 6 months after the day the application was made; or22

(b) if a longer period is agreed in writing by the corporation23that period.24

(6) If a longer period is agreed under paragraph (5)(b), the Council25must notify the Minister, in writing, of the agreement.26

17M Subsections 28B(1) to (3)27


(1) If a delegation by a Land Council is in force under29subsection 28(3) in relation to an Aboriginal and Torres Strait30

Islander corporation, the Council may, in writing, vary or revoke31the delegation:32


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Part 1 Amendments


(a) on its own initiative; or1

(b) in accordance with a request or application made by the2corporation.3

(2) Before varying or revoking a delegation on its own initiative, the4Council must consult the corporation concerned.5

17N Subsection 28B(4)6

Omit The corporation may, substitute If a delegation by a Land7Council is in force under subsection 28(3) in relation to an Aboriginal8and Torres Strait Islander corporation, the corporation may.9

17P After subsection 28B(4)10

Insert:11

(4A) The application must:12

(a) set out the names of the corporations members; and13

(b) set out evidence that a majority of the members of the14corporation are either:15

(i) the traditional Aboriginal owners of land in the part of16the area of the Council in respect of which the17corporation will, if the variation is made, be able to18

perform the delegated functions or exercise the19delegated powers; or20

(ii) Aboriginals who live in that part; and21

(c) set out the reason the corporation seeks the variation; and22

(d) if the variation is to increase the part of the area of the23Council in respect of which the corporation wants to perform24functions or exercise powersset out:25

(i) the areal extent of the increase; and26

(ii) the reason the corporation selected that areal extent; and27

(e) set out a description of any consultation by the corporation28with the following persons in relation to the variation:29

(i) traditional Aboriginal owners of land in the part of the30area of the Council affected by the variation;31

(ii) any other Aboriginal community or group that may be32affected by the variation; and33

(f) set out a description of any conflict of interest arrangements34the corporation has in place; and35


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Amendments Part 1


(g) set out the qualifications and experience of:1

(i) the corporations officers (within the meaning of the2Corporations (Aboriginal and Torres Strait Islander)3Act 2006); and4

(ii) the corporations employees (within the meaning of that5Act);6

that are relevant to the variation; and7

(h) set out how the corporation proposes to make decisions in8relation to the functions or powers covered by the variation,9including any proposed ongoing consultation with the10persons mentioned in paragraph (e); and11

(i) set out an estimate of the resources required to perform or12exercise the functions or powers covered by the variation;13and14

(j) set out the following breakdown of the resources mentioned15in paragraph (i):16

(i) resources the corporation has at its disposal;17

(ii) resources the corporation proposes to obtain from the18Council;19

(iii) resources the corporation proposes to obtain from20another source, and the name of that source; and21

(k) contain any other information prescribed by the regulations;22and23

(l) be accompanied by:24

(i) a copy of the general report that the corporation has25

most recently lodged with the Registrar of Aboriginal26


(ii) a copy of the financial report that the corporation has30most recently lodged with the Registrar of Aboriginal31

and Torres Strait Islander Corporations under the32Corporations (Aboriginal and Torres Strait Islander)33

Act 2006; and34

(iii) a copy of the directors report that the corporation has35most recently lodged with the Registrar of Aboriginal36and Torres Strait Islander Corporations under the37



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Part 1 Amendments


(iv) if the financial report mentioned in subparagraph (ii) has1been audited as required under the Corporations2(Aboriginal and Torres Strait Islander) Act 2006a3copy of the auditors report.4

Note: Examples of resources for paragraphs (i) and (j) are money,5employees, premises and equipment.6

(4B) The Council may, by writing, exempt the corporation from7compliance with any or all of the requirements set out in8subsection (4A) in relation to the application.9

(4C) The Council must give the Minister a copy of the application.10

17Q Subsection 28B(5) (note)11

Repeal the note.12

17R Subsections 28B(6) to (11)13


(6) The Council must take all reasonable steps to ensure that a decision15is made on the application within:16

(a) 6 months after the day the application was made; or17

(b) if a longer period is agreed in writing by the corporation18that period.19

(7) If a longer period is agreed under paragraph (6)(b), the Council20

must notify the Minister, in writing, of the agreement.21

17S Section 28C22

Repeal the section.23

17T Section 28D24

Repeal the section.25

17U At the end of section 28F26

Add:27

; and (d) give a written statement of the corporations reasons for the28decision, upon request, to any person or body affected by the29

decision; and30(e) if the corporation gives a statement to a person or body under31

paragraph (d)give a copy of the statement to the Council.32


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Amendments Part 1


18 After paragraph 64(4A)(ad)1

Insert:2

(ae) the acquiring of a sublease by an Aboriginal and Torres Strait3

Islander corporation by way of transfer under4 subsection 20CB(1); or5

(af) the administering of a sublease covered by paragraph (ae) if6an Aboriginal and Torres Strait Islander corporation holds the7sublease; or8

(ag) the acquiring of a sublease by the Commonwealth by way of9transfer under subsection 20CB(2); or10

(ah) the administering of a sublease covered by paragraph (ag) if11the Executive Director holds the sublease on behalf of the12Commonwealth; or13

19 Part 4 of Schedule 1 (after the item relating to14Rockhampton Downs)15

Insert:16

SIMPSON DESERT17

All that parcel of land being Northern Territory Portion 420818delineated on Survey Plan S.2010/156 lodged with the19Surveyor-General, Darwin, and containing an area of20

approximately 110,000 hectares.21

19A Part 4 of Schedule 1 (after the item relating to22Urrpantyenye)23

Insert:24VERNON ISLANDS25

All those parcels of land being Northern Territory Portions 2007,262008, 2009 and 2010 delineated on Survey Plan S.2015/208 lodged27with the Surveyor-General, Darwin, and together containing an28

area of approximately 8,271.2 hectares.29

20 At the end of Part 4 of Schedule 130

Add:31

WICKHAM RIVER32

All that parcel of land being Northern Territory Portion 723633

delineated on Survey Plans S.2013/177A to F inclusive lodged34with the Surveyor-General, Darwin, and containing an area of35approximately 50,310 hectares.36


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Part 2 Application and transitional provisions


Part2Application and transitional provisions1

21 Application of amendments etc.delegation by Land2Council3

(1) The amendments of subsection 28A(2) of theAboriginal Land Rights4(Northern Territory) Act 1976made by this Schedule apply to an5application made after the commencement of this item.6

(2) Subsection 28A(2A) of theAboriginal Land Rights (Northern Territory)7Act 1976(as amended by this Act) applies to an application made after8the commencement of this item.9

(3) If:10

(a) an Aboriginal and Torres Strait Islander corporation made an11application to a Land Council under subsection 28A(1) of the12

Aboriginal Land Rights (Northern Territory) Act 1976within1312 months before the commencement of this item; and14

(b) the Council had neither:15

(i) made the delegation concerned; nor16

(ii) refused to make the delegation;17

before the commencement of this item;18

then:19

(c) subject to subitems (4) to (8), the corporation must, as soon20as practicable after the commencement of this item, give the21Council:22

(i) a statement containing the information that would have23

been required under paragraphs 28A(2)(ba) to (bj) of the24Aboriginal Land Rights (Northern Territory) Act 197625(as amended by this Act) to have been included in the26

application if those paragraphs had been in force at the27time the application was made; and28

(ii) a copy of the general report that the corporation has29most recently lodged with the Registrar of Aboriginal30and Torres Strait Islander Corporations under the31Corporations (Aboriginal and Torres Strait Islander)32

Act 2006; and33

(iii) a copy of the financial report that the corporation has34

most recently lodged with the Registrar of Aboriginal35and Torres Strait Islander Corporations under the36


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Application and transitional provisions Part 2



(iv) a copy of the directors report that the corporation has3most recently lodged with the Registrar of Aboriginal4


(v) if the financial report mentioned in subparagraph (iii)8has been audited as required under the Corporations9

(Aboriginal and Torres Strait Islander) Act 2006a10copy of the auditors report; and11

(d) subsections 28A(5) and (6) of theAboriginal Land Rights12(Northern Territory) Act 1976(as amended by this Act)13

apply to the application as if the reference in14paragraph 28A(5)(a) of that Act to the day the application15

was made were a reference to:16(i) the day this item commences; or17

(ii) if the corporation is subject to any requirements under18paragraph (c) of this subitemthe day the corporation19

complies with those requirements.20

(4) Subparagraph (3)(c)(i) does not apply to particular information if:21

(a) the application contained the information; or22

(b) after the application was made, but before the23commencement of this item, the corporation gave the24information to the Land Council.25

(5) Subparagraph (3)(c)(ii) does not apply if:26

(a) at the time when the application was made; or27

(b) after the application was made, but before the28commencement of this item;29

the corporation gave the Land Council a copy of the general report that30

the corporation had most recently lodged with the Registrar of31Aboriginal and Torres Strait Islander Corporations under the32Corporations (Aboriginal and Torres Strait Islander) Act 2006.33

(6) Subparagraph (3)(c)(iii) does not apply if:34




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the corporation gave the Land Council a copy of the financial report that1


(7) Subparagraph (3)(c)(iv) does not apply if:5



the corporation gave the Land Council a copy of the directors report9

that the corporation had most recently lodged with the Registrar of10Aboriginal and Torres Strait Islander Corporations under the11

Corporations (Aboriginal and Torres Strait Islander) Act 2006.12

(8) Subparagraph (3)(c)(v) does not apply if the financial report mentioned13

in subitem (6) had been audited as required under the Corporations14(Aboriginal and Torres Strait Islander) Act 2006, and:15


(b) after the application was made, but before the17

commencement of this item;18

the corporation gave the Land Council a copy of the auditors report.19

22 Application of amendments etc.variation of delegation20by Land Council21

(1) The amendment of subsection 28B(4) of theAboriginal Land Rights22

(Northern Territory) Act 1976made by this Schedule applies to an23

application made after the commencement of this item.24

(2) Subsections 28B(4A), (4B) and (4C) of theAboriginal Land Rights25(Northern Territory) Act 1976(as amended by this Act) apply to an26application made after the commencement of this item.27

(3) If:28

(a) an Aboriginal and Torres Strait Islander corporation made an29application to a Land Council under subsection 28B(4) of the30Aboriginal Land Rights (Northern Territory) Act 1976within3112 months before the commencement of this item; and32

(b) the Council had neither:33

(i) varied the delegation concerned; nor34

(ii) refused to vary the delegation;35


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before the commencement of this item;1

then:2

(c) subject to subitems (4) to (9), the corporation must, as soon3

as practicable after the commencement of this item, give the4 Council:5

(i) a statement containing the information that would have6been required under paragraphs 28B(4A)(a) to (j) of the7Aboriginal Land Rights (Northern Territory) Act 19768(as amended by this Act) to be included in the9application if subsection 28B(4A) of that Act had been10in force at the time the application was made; and11

(ii) a copy of the general report that the corporation has12most recently lodged with the Registrar of Aboriginal13and Torres Strait Islander Corporations under the14

Corporations (Aboriginal and Torres Strait Islander)15

Act 2006; and16

(iii) a copy of the financial report that the corporation has17most recently lodged with the Registrar of Aboriginal18and Torres Strait Islander Corporations under the19Corporations (Aboriginal and Torres Strait Islander)20

Act 2006; and21

(iv) a copy of the directors report that the corporation has22most recently lodged with the Registrar of Aboriginal23and Torres Strait Islander Corporations under the24Corporations (Aboriginal and Torres Strait Islander)25Act 2006; and26

(v) if the financial report mentioned in subparagraph (iii)27has been audited as required under the Corporations28(Aboriginal and Torres Strait Islander) Act 2006a29

copy of the auditors report; and30

(d) subsections 28B(6) and (7) of theAboriginal Land Rights31(Northern Territory) Act 1976(as amended by this Act)32apply to the application as if the reference in33paragraph 28B(6)(a) of that Act to the day the application34was made were a reference to:35

(i) the day this item commences; or36

(ii) if the corporation is subject to any requirements under37

paragraph (c) of this subitemthe day the corporation38 complies with those requirements.39


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(4) Subparagraph (3)(c)(i) does not apply to particular information if:1

(a) the application contained the information; or2

(b) after the application was made, but before the3commencement of this item, the corporation gave the4

information to the Land Council.5

(5) Subparagraph (3)(c)(ii) does not apply if:6




the corporation gave the Land Council a copy of the general report that10the corporation had most recently lodged with the Registrar of11Aboriginal and Torres Strait Islander Corporations under the12Corporations (Aboriginal and Torres Strait Islander) Act 2006.13

(6) Subparagraph (3)(c)(iii) does not apply if:14(a) at the time when the application was made; or15


the corporation gave the Land Council a copy of the financial report that18


(7) Subparagraph (3)(c)(iv) does not apply if:22


(b) after the application was made, but before the24 commencement of this item;25

the corporation gave the Land Council a copy of the directors report26

that the corporation had most recently lodged with the Registrar of27Aboriginal and Torres Strait Islander Corporations under the28Corporations (Aboriginal and Torres Strait Islander) Act 2006.29

(8) Subparagraph (3)(c)(v) does not apply if the financial report mentioned30in subitem (6) had been audited as required under the Corporations31

(Aboriginal and Torres Strait Islander) Act 2006, and:32




the corporation gave the Land Council a copy of the auditors report.36


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(9) The Land Council may, by writing, exempt the corporation from1compliance with any or all of the requirements set out in2paragraph (3)(c).3

23 Transitionaldelegation by Land Council4

Scope5

(1) This item applies to an instrument of delegation that:6

(a) was made by a Land Council under subsection 28(3) of the7Aboriginal Land Rights (Northern Territory) Act 1976; and8

(b) was in force immediately before the commencement of this9item; and10

(c) relates to the Land Councils functions or powers under11section 19 of that Act.12

Transitional13

(2) The amendment of paragraph 28(3)(b) of that Act made by this14Schedule does not affect the continuity of the delegation.15

(3) After the commencement of this item, the delegation does not apply to16the Land Councils power under subsection19(4) of that Act.17

18

19

(106/15)

Aboriginal Land Rights (Northern Territory) Amendment Bill 2015

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Transcript of Aboriginal Land Rights (Northern Territory) Amendment Bill 2015