Aboriginal Land (Northcote Land) Act 1989 (Vic)

Version No. 007

Aboriginal Land (Northcote Land) Act 1989

No. 7 of 1989

Version incorporating amendments as at

1 June 2019

table of provisions

Section  Page

1Purpose

2Commencement

3Revocation of Reservation

4Land deemed unalienated Crown land

5Grant to Aborigines Advancement League Incorporated

6No compensation payable by Crown

Schedule

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 007

Aboriginal Land (Northcote Land) Act 1989

No. 7 of 1989

Version incorporating amendments as at

1 June 2019

The Parliament of Victoria enacts as follows:

Preamble

The land shown by hatching on the plan in the Schedule is temporarily reserved under the Crown Land (Reserves) Act 1978 as a site for public recreation and is managed by the Aborigines Advancement League Incorporated as Committee of Management;

Under the Aboriginal Lands (Aborigines' Advancement League) (Watt Street, Northcote) Act 1982 land previously included in the Reserve was granted by the Crown to the Aborigines' Advancement League (Victoria), the body later incorporated under the Associations Incorporation Act 1981 under the name of the Aborigines Advancement League Incorporated;

In the interests of the Aboriginal people of Victoria it is desirable to authorise the granting by the Crown to the Aborigines Advancement League Incorporated of the land in the Reserve shown by hatching on the plan in the Schedule:

The Parliament of Victoria therefore enacts as follows:

1Purpose

The purpose of this Act is to authorise the granting by the Crown of land at Northcote to the Aborigines Advancement League Incorporated and to provide for related matters.

2Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3Revocation of Reservation

(1)The Order in Council specified in Part 1 of the Schedule is revoked to the extent to which it applies to the land shown hatched on the plan in Part 2 of the Schedule.

(2)The appointment of the Committee of Management of the land described in Part 1 of the Schedule is revoked to the extent to which it relates to the land shown hatched on the plan in Part 2 of the Schedule.

4Land deemed unalienated Crown land

Despite any Act or law to the contrary, the land shown hatched on the plan in Part 2 of the Schedule is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

5Grant to Aborigines Advancement League Incorporated

(1)In this section the League means the Aborigines Advancement League Incorporated, an incorporated association within the meaning of section 3 of the Associations Incorporation Reform Act 2012.

(2)The Governor in Council on behalf of the Crown may grant the land shown hatched on the plan in Part 2 of the Schedule to the League for an estate in fee simple.

(3)A grant under subsection (2) is subject to—

(a)the condition that the land continue to be used for Aboriginal cultural and recreational purposes; and

(b)any other terms, conditions, covenants, exceptions, reservations, restrictions and limitations (not inconsistent with the condition in paragraph (a)) that the Governor in Council determines.

(4)A lease, licence, permit or other authority under the Mineral Resources (Sustainable Development) Act 1990 or the Petroleum Act 1998 must not be granted in respect of any part of the land shown hatched on the plan in Part 2 of the Schedule, except with the consent of the League and subject to any terms and conditions that the League determines.

6No compensation payable by Crown

No compensation is payable by the Crown in respect of anything done under or arising out of this Act.

Schedule

Ss 3 and 5

Land which may be granted to the Aborigines Advancement League Incorporated

Part 1

Situation and area of land.	Instrument and date of reservation.	Description of land by reference to Government Gazette.	Purpose of reservation.	Extent of revocation
Part of Allotment 66B Section W City of Northcote Parish of Jika Jika County of Bourke, 4×942 hectares (less 1×13 hectares more or less) excised by Order in Council dated 27 October 1981, Government Gazette dated 7 October 1981 page 3337 and 28 October page 3546.	Order in Council dated 14 May 1974.	22 May 1974 page 1741.	Site for Public recreation.	That part of the reservation which applies to the land shown hatched on plan in Part 2.

Part 2

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 3 November 1988

Legislative Council: 22 March 1989

The long title for the Bill for this Act was "A Bill to authorise the granting by the Crown of certain land at Northcote to the Aborigines Advancement League Incorporated and for other purposes.".

The Aboriginal Land (Northcote Land) Act 1989 was assented to on 9 May 1989 and came into operation on 9 May 1989: section 2.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Aboriginal Land (Northcote Land) Act 1989 by Acts and subordinate instruments.

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Mineral Resources Development Act 1990, No. 92/1990

Assent Date:	18.12.90
Commencement Date:	S. 128(Sch. 1 item 1) on 6.11.91: Government Gazette 30.10.91 p. 2970
CurrentState:	This information relates only to the provision/s amending the Aboriginal Land (Northcote Land) Act 1989

Extractive Industries Development Act 1995, No. 67/1995

Assent Date:	17.10.95
Commencement Date:	S. 58(Sch. 1 item 2) on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4
CurrentState:	This information relates only to the provision/s amending the Aboriginal Land (Northcote Land) Act 1989

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 3) on 24.4.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Aboriginal Land (Northcote Land) Act 1989

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 3) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Aboriginal Land (Northcote Land) Act 1989

Resources Industry Legislation Amendment Act 2009, No. 6/2009

Assent Date:	3.3.09
Commencement Date:	S. 44 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Aboriginal Land (Northcote Land) Act 1989

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 1) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Aboriginal Land (Northcote Land) Act 1989

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3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.