Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)

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Aboriginal Land Rights (Northern Territory) Act 1976

No. 191, 1976

Compilation No. 48

Compilation date: 30 November 2024

Includes amendments: Act No. 95, 2024

About this compilation

This compilation

This is a compilation of the Aboriginal Land Rights (Northern Territory) Act 1976 that shows the text of the law as amended and in force on 30 November 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act providing for the granting of Traditional Aboriginal Land in the Northern Territory for the benefit of Aboriginals, and for other purposes

Part IPreliminary 1Short title

This Act may be cited as the Aboriginal Land Rights (Northern Territory) Act 1976.

2Commencement
  1. (1)

    This Act, other than section 70, shall come into operation on a date to be fixed by Proclamation.

  2. (2)

    Section 70 shall come into operation on a date to be fixed by Proclamation, being a date later than the date fixed for the purposes of subsection (1).

3Interpretation
  1. (1)

    In this Act, unless the contrary intention appears:

Aboriginal means a person who is a member of the Aboriginal race of Australia.

Aboriginal and Torres Strait Islander corporation means a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

Aboriginal land means:

  1. (a)

    land held by a Land Trust for an estate in fee simple; or

  2. (b)

    land the subject of a deed of grant held in escrow by a Land Council.

Aboriginal people or Aboriginal person: see Aboriginal.

Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginals or of a community or group of Aboriginals, and includes those traditions, observances, customs and beliefs as applied in relation to particular persons, sites, areas of land, things or relationships.

Account means the Aboriginals Benefit Account continued in existence by section 62.

adult Aboriginal means an Aboriginal who has attained the age of 18 years.

alienated Crown land means Crown land in which a person (other than the Crown) has an estate or interest, but does not include land in a town.

approved entity means a body approved by the Minister:

  1. (a)

    under subsection 3AA(1) as an approved entity; or

  2. (b)

    under subsection 3AA(2) as an approved entity for an area of land.

area, in relation to a Land Council, means an area for which the Council is established under this Act.

Authority means an authority established by or under a law of the Commonwealth or a law of the Northern Territory.

Commissioner means an Aboriginal Land Commissioner holding office under Part V.

Commonwealth Electoral Roll means the Rolls kept under the Commonwealth Electoral Act 1918.

community living area has the same meaning as in the Stronger Futures in the Northern Territory Act 2012.

community purpose means a purpose that is calculated to benefit primarily the members of a particular community or group.

conservation zone has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999.

Crown Land means land in the Northern Territory that has not been alienated from the Crown by a grant of an estate in fee simple in the land, or land that has been so alienated but has been resumed by, or has reverted to or been acquired by, the Crown, but does not include:

  1. (a)

    land set apart for, or dedicated to, a public purpose under an Act; or

  2. (b)

    land the subject of a deed of grant held in escrow by a Land Council.

Director has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999.

Electoral Commissioner has the same meaning as in the Commonwealth Electoral Act 1918.

excludable matter means any of the following:

  1. (a)

    a matter relating to a member of the staff of a Land Council or to any other person assisting a Land Council in the performance of its functions or in the exercise of its powers;

  2. (b)

    a matter involving personal hardship suffered by a person;

  3. (c)

    a trade secret or other information having a commercial value the disclosure of which would, or could reasonably be expected to, affect a person adversely in respect of the person’s lawful business, professional, commercial or financial affairs;

  4. (d)

    any matter the divulging or communicating of which is prohibited by section 23E;

  5. (e)

    information the disclosure of which would found an action for breach of confidence;

  6. (f)

    information of such a nature that it would be privileged from being disclosed in legal proceedings on the ground of legal professional privilege;

  7. (g)

    information the disclosure of which would, or could reasonably be expected to, prejudice the enforcement or proper administration of the law;

  8. (h)

    a matter affecting the security of a Land Council, its members, its staff or its property;

  9. (i)

    information that is considered sacred or otherwise significant by a particular group of Aboriginals, the disclosure of which would be inconsistent with the views or sensitivities of those Aboriginals.

Executive Director means the Executive Director of Township Leasing referred to in section 20B.

exploration licence includes:

  1. (b)

    a permit in respect of land under the Petroleum (Prospecting and Mining) Act 1954 of the Northern Territory; and

  2. (c)

    a permit granted under the Petroleum Act 1984 of the Northern Territory; and

  3. (ca)

    a mineral exploration licence granted under the Mineral Titles Act 2010 (NT); and

  4. (cb)

    a geothermal exploration permit granted under the Geothermal Energy Act 2009 (NT); and

  5. (d)

    a right to explore for minerals under:

    1. (i)

      if subsection 53(2A) of the Lands Acquisition Act 1955 applies by virtue of subsection 124(8) of the Lands Acquisition Act 1989—the first‑mentioned subsection; or

    2. (ii)

      if subparagraph (i) does not apply—regulations made for the purposes of subsection 124(1) of the Lands Acquisition Act 1989;

but does not include an extractive mineral exploration licence granted under the Mineral Titles Act 2010 (NT).

exploration retention licence means an exploration retention licence granted under a law of the Northern Territory relating to mining for minerals and includes the following:

  1. (a)

    a retention licence granted under the Petroleum Act 1984 (NT);

  2. (b)

    a geothermal retention licence granted under the Geothermal Energy Act 2009 (NT);

  3. (c)

    a mineral exploration licence in retention issued under the Mineral Titles Act 2010 (NT);

but does not include any of the following granted under the Mineral Titles Act 2010 (NT):

  1. (d)

    an extractive mineral exploration licence;

  2. (e)

    an extractive mineral lease;

  3. (f)

    an extractive mineral permit.

extractive mineral means:

  1. (a)

    soil; or

  2. (b)

    sand, gravel, clay or stone, being sand, gravel, clay or stone that is suitable for use in construction or building works.

extractive mineral deposit means a deposit of extractive minerals.

Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.

geothermal energy resources has the meaning given by section 4 of the Geothermal Energy Act 2009 (NT).

grant, in relation to an interest in land (including any interest referred to in a paragraph of subsection (2) of this section), includes the doing of any action by reason of which the interest arises.

intending miner, in respect of Aboriginal land, means:

  1. (a)

    a person who makes application, under a law of the Northern Territory relating to mining for minerals, for the grant of a mining interest in respect of that land, while the person:

    1. (i)

      holds an exploration licence under that law in respect of that land; or

    2. (ii)

      being a person who has held an exploration licence in respect of that land, holds under that law an exploration retention licence, or has made an application for the grant of an exploration retention licence, in respect of that land or a part of that land; or

  2. (b)

    a person who:

    1. (i)

      if subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955 apply by virtue of subsection 124(8) of the Lands Acquisition Act 1989—makes an application, under subsection 51(1A) of the first‑mentioned Act for the grant of a lease or licence to mine for minerals on that land, while the person holds, under subsection 53(2A) of that Act, a right to explore for minerals on that land; or

    2. (ii)

      if subparagraph (i) does not apply—makes an application for the grant, under regulations made for the purposes of subsection 124(1) of the Lands Acquisition Act 1989, of a right to mine for, or recover, minerals on that land, while the person holds, under the regulations, a right to explore for minerals on that land.

Jabiru Town Development Authority means the Jabiru Town Development Authority established by the Jabiru Town Development Act 1978 (NT).

Jabiru town land has the meaning given by section 3AC.

Kakadu Aboriginal Land Trust means the Land Trust of that name established by the Minister by notice published in the Gazette under subsection 4(1).

Land Council means an Aboriginal Land Council established by or under this Act.

Land Trust means an Aboriginal Land Trust established under this Act.

law of the Northern Territory means a law made under, or having effect in the Northern Territory by virtue of, the Northern Territory (Self‑Government) Act 1978.

mine includes extract.

mineral royalties means royalties payable to the Commonwealth or the Northern Territory in respect of the mining of minerals.

minerals includes:

  1. (a)

    gold, silver, copper, tin and other metals;

  2. (b)

    coal, shale, petroleum and valuable earths and substances;

  3. (c)

    mineral substances;

  4. (d)

    gems and precious stones; and

  5. (e)

    ores and other substances containing minerals;

whether suspended in water or not, and includes water and geothermal energy resources but does not include extractive minerals.

mining interest means:

  1. (a)

    any lease or other interest in, or right in respect of, land granted under a law of the Northern Territory relating to mining for minerals (other than a lease or other interest in land, or a right, relating to exploration for, or the mining or development of, extractive mineral deposits); or

  2. (b)

    if subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955 apply by virtue of subsection 124(8) of the Lands Acquisition Act 1989—any lease, licence or other right granted under any of those provisions; or

  3. (c)

    if regulations have been made for the purposes of subsection 124(1) of the Lands Acquisition Act 1989—any right granted under those regulations to explore for, mine for, or recover, minerals;

but does not include, when the expression is used in Part IV, any such lease, licence, interest or right that is an exploration licence or exploration retention licence.

mission means a religious society or association the purposes of which are, or include, furthering the spiritual, cultural or economic welfare of Aboriginals, and includes a trustee or trustees empowered to hold land on behalf of such a society or association.

Northern Territory Mining Minister means the person holding ministerial office under section 36 of the Northern Territory (Self‑Government) Act 1978 who is responsible for the administration of the law of the Northern Territory relating to mining for minerals.

NT mining authority means an authority, issued under a law of the Northern Territory relating to mining for minerals, that empowers the holder to take possession of, mine or occupy land, or take any other action in relation to land, for any purpose in connection with mining.

petroleum has the meaning given by subsection 5(1) of the Petroleum Act 1984 of the Northern Territory.

qualifying area means an area that:

  1. (a)

    is wholly included in the area of a Land Council; or

  2. (b)

    is partly included in the area of one Land Council and partly included in the area of one or more other Land Councils.

sacred site means a site that is sacred to Aboriginals or is otherwise of significance according to Aboriginal tradition, and includes any land that, under a law of the Northern Territory, is declared to be sacred to Aboriginals or of significance according to Aboriginal tradition.

town has the same meaning as in the law of the Northern Territory relating to the planning and developing of towns and the use of land in or near towns, and includes any area that, by virtue of regulations in force under that law, is to be treated as a town.

township, in relation to a Land Trust, has the meaning given by section 3AB.

traditional Aboriginal owners, in relation to land, means a local descent group of Aboriginals who:

  1. (a)

    have common spiritual affiliations to a site on the land, being affiliations that place the group under a primary spiritual responsibility for that site and for the land; and

  2. (b)

    are entitled by Aboriginal tradition to forage as of right over that land.

traditional land claim, in relation to land, means a claim by or on behalf of the traditional Aboriginal owners of the land arising out of their traditional ownership.

unalienated Crown land means Crown land in which no person (other than the Crown) has an estate or interest, but does not include land in a town.

  1. (2)

    Unless the contrary intention appears, a reference in this Act to an estate or interest in land includes a reference to an interest by way of a right against the Crown to a grant of an estate or interest in land, but does not include a reference to:

    1. (a)

      a mining interest;

    2. (b)

      an interest arising out of the operation of the Atomic Energy Act 1953 or any other Act authorizing mining for minerals;

    3. (ba)

      a lease or other interest in land, or a right granted in respect of land, under a law of the Northern Territory relating, in whole or in part, to exploration for, or the mining or development of, extractive mineral deposits;

    4. (c)

      an interest arising out of the taking possession, mining or occupation of land by virtue of an NT mining authority; or

    5. (d)

      an interest by way of the occupation or use, with the licence or permission of the Crown, of land by an Authority or a mission.

  2. (3)

    A reference in this Act to an Act authorizing mining for minerals shall be read as a reference to such an Act whether passed before or after the commencement of this section and as including a reference to section 124 of the Lands Acquisition Act 1989.

  3. (4)

    A reference in this Act to the granting of a mining interest in respect of Aboriginal land shall be read as not including a reference to the renewal, in accordance with an option or other right conferred before the land became Aboriginal land, of a mining interest that was in existence when the land became Aboriginal land.

  4. (5)

    A description of land in Schedule 1 shall be deemed not to include any land on which there is, at the commencement of this section, a road over which the public has a right of way.

  5. (6)

    A reference in this Act to the Crown shall be read as a reference to the Crown in right of the Commonwealth or the Crown in right of the Northern Territory or both, as the case requires.

3AAApproved entities

Approval of the Commonwealth and Commonwealth authorities

  1. (1)

    For the purposes of paragraph (a) of the definition of approved entity in subsection 3(1), the Minister may, by writing, approve any of the following bodies as an approved entity:

    1. (a)

      the Commonwealth;

    2. (b)

      a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989).

Approval of Aboriginal and Torres Strait Islander corporations

  1. (2)

    For the purposes of paragraph (b) of the definition of approved entity in subsection 3(1), the Minister may, by writing, approve an Aboriginal and Torres Strait Islander corporation as an approved entity for an area of land known by a particular name if the Minister is satisfied that:

    1. (a)

      the Land Council for the area in which the area of land is situated has nominated the corporation under subsection (4) to be an approved entity for the area of land known by that name; and

    2. (b)

      a majority of the members of the corporation are either:

      1. (i)

        the traditional Aboriginal owners of land that constitutes, or forms part of, the area of land known by that name; or

      2. (ii)

        Aboriginal people who live in the area of land known by that name; and

    3. (c)

      any conditions determined under subsection (9) for the purposes of this paragraph are satisfied.

  2. (3)

    An approval under subsection (2) must specify the name by which the area of land is known, but need not otherwise delineate the area of land.

  3. (4)

    A Land Council may nominate an Aboriginal and Torres Strait Islander corporation, that satisfies the condition in paragraph (2)(b), to be an approved entity for an area of land situated in the Council’s area.

  4. (5)

    A nomination under subsection (4) must:

    1. (a)

      be given to the Minister in writing; and

    2. (b)

      specify the name by which the area of land is known; and

    3. (c)

      describe the area of land (but need not delineate the area); and

    4. (d)

      set out the names of the corporation’s members; and

    5. (e)

      contain a declaration to the effect that the Land Council is satisfied the corporation satisfies the condition in paragraph (2)(b); and

    6. (f)

      set out a description of any consultation by the Land Council with the following persons in relation to the nomination:

      1. (i)

        traditional Aboriginal owners of land that constitutes, or forms part of, the area of land;

      2. (ii)

        Aboriginal people who live in the area of land;

      3. (iii)

        any other Aboriginal community or group that may be affected by the nomination; and

    7. (g)

      contain any other information determined under subsection (9) for the purposes of this paragraph.

Matters to which Minister must or may have regard

  1. (6)

    In deciding under subsection (1) or (2) whether to approve a body as an approved entity, the Minister:

    1. (a)

      must have regard to any matters determined under subsection (9) for the purposes of this paragraph; and

    2. (b)

      may have regard to:

      1. (i)

        any matters determined under subsection (9) for the purposes of this subparagraph; and

      2. (ii)

        any other matters the Minister considers relevant.

Revoking an approval

  1. (7)

    The Minister may, by writing, revoke an approval under subsection (1) or (2) if the Minister considers it appropriate to do so.

  2. (8)

    Before revoking an approval under subsection (2) of an Aboriginal and Torres Strait Islander corporation as an approved entity for an area of land, the Minister must consult the Land Council that nominated the corporation under subsection (4) in relation to the area of land.

Legislative instruments determining certain matters

  1. (9)

    The Minister may, by legislative instrument, determine:

    1. (a)

      conditions for the purposes of paragraph (2)(c); and

    2. (b)

      information for the purposes of paragraph (5)(g); and

    3. (c)

      matters for the purposes of paragraph (6)(a) or subparagraph (6)(b)(i).

3ABTownships
  1. (1)

    For the purposes of this Act, a township, in relation to a Land Trust (the applicable Land Trust), is either of the following 2 types of areas of Aboriginal land vested in that Land Trust.

Areas applicable to all Land Trusts

  1. (2)

    The first type is an area of land that is of a kind prescribed by the Minister under subsection (3A), for the purposes of this subsection, in relation to all Land Trusts.

Areas applicable to that Land Trust

  1. (3)

    The second type is an area of land that is prescribed by the Minister under subsection (3A), for the purposes of this subsection, in relation to the applicable Land Trust only.

Minister may prescribe areas in relation to all or particular Land Trusts

  1. (3A)

    The Minister may, by legislative instrument, prescribe areas of land in relation to:

    1. (a)

      all Land Trusts for the purposes of subsection (2); or

    2. (b)

      a particular Land Trust for the purposes of subsection (3).

Kakadu Aboriginal Land Trust

  1. (4)

    For the purposes of this Act, a township, in relation to the Kakadu Aboriginal Land Trust, is the area of Jabiru town land.

  2. (5)

    Subsection (4) does not limit the application of subsections (1) to (3A) in relation to the Kakadu Aboriginal Land Trust.

3ACJabiru town land
  1. (1)

    For the purposes of this Act, Jabiru town land means the land specified in an instrument under subsection (2).

  2. (2)

    The Minister must, by legislative instrument, specify land for the purposes of subsection (1).

  3. (3)

    Before making a legislative instrument under subsection (2), the Minister must have regard to the boundaries of the land comprising the whole of former Northern Territory Portion 2272 delineated on Survey Plan S79/31 lodged with the Surveyor‑General, Darwin (other than land on which there is a road over which the public has a right of way).

  4. (4)

    Before making a legislative instrument under subsection (2), the Minister must consult the Government of the Northern Territory and the Land Council for the area in which the land is situated. The Minister may also consult such other persons or bodies as the Minister thinks appropriate.

3ACrown land vested in Northern Territory
  1. (1)

    Notwithstanding any law of the Northern Territory, the application of this Act in relation to Crown land extends to Crown land that is vested in the Northern Territory.

  2. (2)

    Notwithstanding any law of the Commonwealth or of the Northern Territory, the Commonwealth is not liable to pay to the Northern Territory any compensation by reason of the making of a grant to a Land Trust of Crown land that is vested in the Northern Territory.

3BAct binds the Crown

This Act binds the Crown in right of the Commonwealth and of the Northern Territory.

3CAct has effect despite Lands Acquisition Act

This Act has effect despite anything contained in the Lands Acquisition Act 1989.

3DApplication of the Criminal Code

Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part IIGrants of land to Aboriginal Land Trusts 4Land Trusts
  1. (1)

    The Minister may, by notice published in the Gazette, establish Aboriginal Land Trusts to hold title to land in the Northern Territory for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of the land concerned, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission, and, subject to subsections 10(1) and (2), shall so establish Land Trusts to hold the land described in Schedule 1.

  2. (1AA)

    A Land Trust to hold any Crown land described in Part 2 or 3 of Schedule 1 must be established not later than 2 years after the commencement of this subsection.

  3. (1AB)

    To avoid doubt, the Minister may establish a Land Trust under subsection (1) for the purpose of it holding land that is to be transferred to it under subsection 19(4).

  4. (1AC)

    If:

    1. (a)

      the Minister establishes a Land Trust (the new Land Trust) under subsection (1) for the purpose of it holding land that is to be transferred to it under subsection 19(4) by another Land Trust; and

    2. (b)

      the other Land Trust advises the Minister in writing that it is no longer going to transfer the land;

the Minister may, by written notice, abolish the new Land Trust.

  1. (1A)

    Nothing in this Act shall be taken to imply that the Minister cannot establish, under this section, Land Trusts to hold different areas of land each of which is included within a single area of land that is described in Schedule 1.

  2. (1B)

    Where:

    1. (a)

      the traditional Aboriginal owners of an area of land constituting the whole or a part of the land that is held by a Land Trust are also the traditional Aboriginal owners of an area of land constituting the whole or a part of land that is held by another Land Trust or in which an estate in fee simple would be likely, but for the operation of this subsection, to be granted to another Land Trust; and

    2. (b)

      those traditional Aboriginal owners are in favour of the amalgamation, within a single Land Trust, of the areas of which they are the traditional owners;

the Land Council or Land Councils in the area or areas of which the areas of land proposed for amalgamation are situated may request the Minister, in writing, to take action under subsection (1C) to effect that amalgamation.

  1. (1C)

    Where the Minister, upon receiving a request to take action under this subsection to effect the amalgamation of the whole or parts of 2 or more areas of affected land, is of the opinion that, in all the circumstances of the case, it is appropriate to do so, the Minister may:

    1. (a)

      by notice published in the Gazette vary the specifications of the boundaries of a Land Trust established to hold affected land, with effect from the day upon which a new deed of grant, or new deeds of grant, relating to the land that that Land Trust was established to hold is or are delivered by the Governor‑General in accordance with the recommendations of the Minister under subsection 10(2A) or 11(1B), so that the boundaries as so varied of the land to be held by that Land Trust relate:

      1. (i)

        to all the land that is proposed to be amalgamated; or

      2. (ii)

        to any affected land that was held by that Land Trust but that is not proposed to be amalgamated with other land; or

    2. (b)

      by notice published in the Gazette pursuant to subsection (1), establish a new Land Trust:

      1. (i)

        to hold all the land that is proposed to be amalgamated; or

      2. (ii)

        to hold any affected land that is not proposed to be amalgamated with other land.

  2. (1D)

    In subsection (1C), affected land means any area of land to which a deed of grant in fee simple under section 12, or an application referred to in paragraph 50(1)(a), relates, being land the whole or a part of which is proposed to be amalgamated with other land.

  3. (2)

    A notice published under subsection (1) shall:

    1. (a)

      specify the name of the Land Trust; and

    2. (c)

      set out the boundaries of the land to be held by the Land Trust.

Anindilyakwa Land Trust

  1. (2A)

    An Aboriginal Land Trust with the name “Anindilyakwa Land Trust” is established by this subsection. The boundaries of the land to be held by the Land Trust are set out in Schedule 6.

    Note: Section 12AAB deals with the grant of land to the Land Trust.

Varying Land Trust boundaries

  1. (2B)

    The Minister may, by notice published in the Gazette, vary the boundaries of the land to be held by a Land Trust:

    1. (a)

      because of a determination under subsection 10(2AA) or subparagraph 11(1)(c)(ii), (1AD)(d)(ii) or (1AE)(c)(ii); or

    2. (aa)

      because of a proposed grant of an estate in fee simple, in the land described under the heading “JABIRU” in Part 4 of Schedule 1, to the Kakadu Aboriginal Land Trust in accordance with this Act; or

    3. (b)

      because of a proposed transfer under subsection 19(4).

The variation takes effect on the day, or on the occurrence of an event, specified in the notice.

Legal status of Land Trust

  1. (3)

    A Land Trust:

    1. (a)

      is a body corporate, with perpetual succession;

    2. (b)

      shall have a common seal;

    3. (c)

      subject to this Part, may acquire, hold and dispose of real and personal property; and

    4. (d)

      may sue and be sued in its corporate name.

Common seal of Land Trust

  1. (4)

    The common seal of a Land Trust shall be kept by a member of the staff of the Land Council in the area of which the Land Trust holds land who has been authorized by the Land Council for the purpose.

  2. (5)

    The common seal of a Land Trust is to be affixed to a document only with a written authority signed by:

    1. (a)

      if the Trust consists of 4 or more members—at least 3 of those members; or

    2. (b)

      if the Trust consists of 3 members—at least 2 of those members.

    Note: Section 7 deals with the membership of a Land Trust.

  3. (6)

    All courts, judges and persons acting judicially shall take notice of the common seal of a Land Trust affixed to a document and shall presume that it was duly affixed.

Notices are not legislative instruments

  1. (7)

    A notice under subsection (1), (1AC) or (2B) is not a legislative instrument.

5Functions of Land Trusts
  1. (1)

    The functions of a Land Trust are:

    1. (a)

      to hold title to land vested in it in accordance with this Act;

    2. (b)

      to exercise its powers as owner of land referred to in paragraph (a) for the benefit of the Aboriginals concerned; and

    3. (c)

      where the Land Trust is named as the grantee of land in a deed of grant held in escrow by a Land Council—to acquire, as and when practicable, the estates and interests of other persons in the land with a view to the surrender to the Crown of those estates and interests and the delivery to the Land Trust of the deed of grant held by the Land Council.

  2. (2)

    A Land Trust:

    1. (a)

      shall not exercise its functions in relation to land held by it except in accordance with a direction given to it by the Land Council for the area in which the land is situated; and

    2. (b)

      where such a direction is given to it—shall take action in accordance with that direction.

  3. (3)

    The Lands Acquisition Act 1989 does not apply to the acquisition by a Land Trust, under this Act, of an estate or interest in land.

5APublic Works Committee Act

The Public Works Committee Act 1969 does not apply to a Land Trust.

6Land Trust not empowered to accept moneys

A Land Trust is not empowered to accept moneys due and owing to it or to give a valid discharge for such moneys, but such moneys may be paid to the Land Council for the area in which the Land Trust holds, or is established to hold, land.

7Membership of Land Trust
  1. (1)

    A Land Trust shall, unless the Minister, in accordance with subsection (1A), determines that the Land Trust shall be differently constituted, consist of a Chair and such other members not less than 3 in number as the Minister appoints.

  2. (1A)

    Where, on the application, in writing, of the Land Council for the area in which the land to be held by a Land Trust established, or about to be established, under section 4, is situated, being an application made after the commencement of this subsection and before any person is appointed to be a member of that Land Trust, the Minister is satisfied that it is appropriate so to do, the Minister may, by signed writing, make, in respect of the Land Trust:

    1. (a)

      a determination that the Land Trust shall not have a Chair but shall consist of such number of members, not being less than 3, as the Minister specifies in the determination; or

    2. (b)

      a determination that the Land Trust shall consist of a Chair and 2 other members;

and, where a determination is so made in relation to a Land Trust, the Land Trust shall be constituted in accordance with the determination.

  1. (2)

    The members of a Land Trust shall be appointed by the Minister on a nomination received by the Minister under subsection (3).

  2. (3)

    For the purposes of subsection (2), the Minister may request a nomination of a person from the Land Council for the area in which the Land Trust is to hold land.

  3. (4)

    A member of a Land Trust shall be appointed as a part‑time member.

  4. (5)

    The exercise or performance of a power or function by a Land Trust is not affected by reason only of there being a vacancy in the office of a member of the Land Trust.

  5. (6)

    All members of a Land Trust shall be Aboriginals living in the area of the Land Council in the area of which the land of the Land Trust is situated or whose names are set out in the register maintained by that Land Council in accordance with section 24.

  6. (7)

    Subject to this Act, a member of a Land Trust holds office for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment and on such terms and conditions as the Minister determines, but is eligible for re‑appointment.

  7. (8)

    Where a member of a Land Trust is, or is about to be, unable, whether on account of illness or otherwise, to perform the duties of his or her office, the Minister may appoint an Aboriginal to act in the place of that member during the period during which that member is unable to perform the duties of his or her office.

  8. (9)

    A person appointed to act in the place of a member of a Land Trust has all the functions, powers and duties of that member.

8Termination of appointment of members of Land Trusts

Where the Land Council for the area in which a Land Trust holds, or is established to hold, land requests the Minister, in writing, to remove a member of the Land Trust on the ground that the member has, in the opinion of the Land Council, failed properly to perform the duties of his or her office, the Minister shall, if the Minister is satisfied that the request is reasonable, terminate the appointment of the member.

9Resignation of member of Land Trust

A member of a Land Trust may resign his or her office by signed writing delivered to the Minister, but the resignation does not have effect until it is accepted by the Minister.

10Recommendations for grants of land described in Schedule 1
  1. (1)

    Where:

    1. (a)

      either:

      1. (i)

        a Land Trust has been established in respect of land constituting, or included within, an area of land described in Schedule 1 (other than an area of land described under the heading ‘JABIRU’ in Part 4 of Schedule 1); or

      2. (ii)

        the Minister has, under subsection (2AA), determined that a specified existing Land Trust should hold a specified area of land described in Schedule 1; and

    2. (b)

      subsection (2) does not apply in relation to that land or applies in relation to a part only of that land;

the Minister shall recommend to the Governor‑General that a grant of an estate of fee simple in that land, or in the part of that land to which subsection (2) does not apply, be made to that Land Trust.

  1. (2)

    Where:

    1. (a)

      either:

      1. (i)

        a Land Trust has been established in respect of land constituting, or included within, an area of land described in Schedule 1 (other than an area of land described under the heading ‘JABIRU’ in Part 4 of Schedule 1); or

      2. (ii)

        the Minister has, under subsection (2AA), determined that a specified existing Land Trust should hold a specified area of land described in Schedule 1; and

    2. (b)

      a person (other than the Crown) has an estate or interest in the whole or a part of that land;

the Minister shall recommend to the Governor‑General that the Governor‑General execute a deed of grant of an estate in fee simple in that land, or that part of that land, to that Land Trust and deliver it to the Land Council for the area in which that land, or that part of that land, is situated to be held in escrow until all of the estates and interests in that land, or that part of that land, held by a person (other than the Crown) have come to an end, whether by surrender to the Crown or otherwise, and then to be delivered by the Land Council to that Land Trust.

  1. (2AA)

    The Minister may, by a determination in writing, specify an existing Land Trust, and an area of land described in Schedule 1, for the purposes of subparagraph (1)(a)(ii) or (2)(a)(ii). The determination is not a legislative instrument.

  2. (2AB)

    The Minister must recommend to the Governor‑General that a grant of an estate in fee simple in the land described in paragraphs (a) and (c) under the heading “JABIRU” in Part 4 of Schedule 1 be made to the Kakadu Aboriginal Land Trust.

  3. (2AC)

    The Minister must recommend to the Governor‑General that a grant of an estate in fee simple in the Jabiru town land be made to the Kakadu Aboriginal Land Trust.

  4. (2A)

    Where an amalgamation in respect of which the Minister has taken action under subsection 4(1C) involves an area of land that was the subject of a deed of grant (in this subsection referred to as the former deed) to an existing Land Trust, not being a deed of grant that is held in escrow by a Land Council, the Minister shall recommend to the Governor‑General that the Governor‑General execute, in lieu of the former deed:

    1. (a)

      if that area of land is wholly to be held by another Land Trust—a new deed of grant of an estate in fee simple in that area to that other Land Trust; or

    2. (b)

      if that area of land is to be held, as to part of that area, by that existing Land Trust and as to part of that area, by another Land Trust—new deeds of grant of estates in fee simple in the respective parts of that area to the respective Land Trusts that are to hold those respective parts of that area.

  5. (2B)

    Where an amalgamation in respect of which the Minister has taken action under subsection 4(1C) involves an area of land that was the subject of a deed of grant (in this subsection referred to as the former deed) to an existing Land Trust, being a deed of grant that is held in escrow by a Land Council, the Minister shall recommend to the Governor‑General:

    1. (a)

      that the Governor‑General execute, in lieu of the former deed:

      1. (i)

        if that area of land is wholly to be held by another Land Trust—a new deed of grant of an estate in fee simple in that area to that other Land Trust; or

      2. (ii)

        if that area of land is to be held, as to part of that area, by that existing Land Trust and as to part of that area, by another Land Trust—new deeds of grant of estates in fee simple in the respective parts of that area to the respective Land Trusts that are to hold those respective parts of that area; and

    2. (b)

      that the Governor‑General deliver the new deed or the new deeds to that Land Council upon the same terms as the former deed was delivered.

  6. (3)

    For the purposes of this section, a lease of land granted under a law of the Northern Territory relating to mining for minerals shall be deemed to be an estate or interest in that land if the lease was granted before the date of commencement of this section or in pursuance of an agreement entered into by the Commonwealth before that date.

  7. (4)

    For the purposes of this section, any estate or interest in the area of land described in Schedule 1 under the heading “Kakadu” that is held by the Director is taken to be an estate or interest held by the Crown in right of the Commonwealth.

11Recommendations for grants of Crown land other than Schedule 1 land and former public roads
  1. (1)

    Where:

    1. (a)

      a Commissioner has, before the commencement of the Aboriginal Land Rights Legislation Amendment Act 1982, recommended, or, after the commencement of that Act, recommends, to the Minister in a report made to the Minister under paragraph 50(1)(a) that an area of Crown land should be granted to a Land Trust for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of that area of land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission; and

    2. (b)

      the Minister is satisfied that the land (the divisible land), or a part (also the divisible land) of the land, should be granted to one or more new or existing Land Trusts so that each Land Trust holds the land granted to it for the benefit of Aboriginals who are the relevant Aboriginals in relation to the land granted to it;

the Minister shall:

  1. (c)

    do either or both of the following:

    1. (i)

      establish the one or more Land Trusts under section 4;

    2. (ii)

      make a determination in writing specifying the one or more existing Land Trusts;

that are to hold the divisible land or parts of the divisible land for the benefit of Aboriginals who are the relevant Aboriginals in relation to the divisible land or the parts of the divisible land; and

  1. (d)

    if the divisible land or a part of the divisible land proposed to be held by a Land Trust referred to in paragraph (c) is not, and does not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust; and

  2. (e)

    if the divisible land or a part of the divisible land proposed to be held by a Land Trust referred to in paragraph (c) is, or includes, alienated Crown land:

    1. (i)

      ensure that the estates and interests in that land or part of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and

    1. (ii)

      after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust.

  1. (1AA)

    Where the Minister has, before the commencement of this subsection, taken action, or, after that commencement, takes action, in pursuance of subsection (1) in relation to a part or parts of the area of land to which a recommendation that is contained in a report made to the Minister by a Commissioner under paragraph 50(1)(a) relates, the taking of that action does not preclude the Minister from taking further action in pursuance of subsection (1) in relation to any other part or parts of the land to which the recommendation relates.

  2. (1AB)

    Where the Minister:

    1. (a)

      after taking action in pursuance of subsection (1), whether before or after the commencement of this subsection, to establish a Land Trust to hold part only of an area of land to which a recommendation that is contained in a report made by a Commissioner to the Minister under paragraph 50(1)(a) relates; or

    2. (b)

      after taking action in relation to a Land Trust in accordance with paragraph (c) of this subsection by virtue of a previous application of this subsection;

is satisfied that the Land Trust (in this subsection referred to as the previously established Land Trust) should hold another part of the area of land to which the recommendation relates for the benefit of Aboriginals who are the relevant Aboriginals in relation to that other part of that area of land, the Minister shall:

  1. (c)

    by notice published in the Gazette, declare that that previously established Land Trust is to be treated, for all purposes of this Act or any other law of the Commonwealth, of a State or of a Territory, as if it had also been established under section 4 to hold title to that other part of the area of land to which the recommendation relates for the benefit of Aboriginals who are relevant Aboriginals in relation to that other part of that area of land;

  2. (d)

    where the land to be held by the previously established Land Trust is, or includes, alienated Crown land, ensure that the estates and interests in that alienated Crown land of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and

  3. (e)

    after any acquisition referred to in paragraph (d) has been effected in relation to the land to be held by the previously established Land Trust, recommend to the Governor‑General that a grant of an estate in fee simple in that land be made to that previously established Land Trust.

  1. (1AC)

    Upon the publication in the Gazette of a notice under paragraph (1AB)(c) the declaration contained in that notice has effect according to its tenor.

  2. (1AD)

    Where:

    1. (a)

      a Commissioner has, whether before or after the commencement of this subsection, in a report made to the Minister under paragraph 50(1)(a), made 2 or more recommendations to the Minister that areas of Crown land should be granted to Land Trusts for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of those respective areas of land, whether or not that traditional entitlement is qualified as to place, time, circumstance, purpose or permission;

    2. (b)

      in respect of each of at least 2 of those recommendations the Minister has not taken action under subsection (1) or (1AB) in respect of the land, or any part of the land, to which the recommendation relates; and

    3. (c)

      the Land Council for the area in which all the land (the recommended land) to which the recommendations in respect of which the Minister has taken no action relate is situated applies in writing to the Minister for the Minister to take action under this subsection in relation to that land;

the Minister shall, if he or she is satisfied that it is appropriate to do so:

  1. (d)

    do either or both of the following:

    1. (i)

      establish one or more Land Trusts under section 4;

    2. (ii)

      make a determination in writing specifying one or more existing Land Trusts;

that are to hold the recommended land or a part or parts of the recommended land for the benefit of Aboriginals who are the relevant Aboriginals in relation to the recommended land or the part or parts of the recommended land; and

  1. (e)

    if the recommended land or a part of the recommended land proposed to be held by a Land Trust referred to in paragraph (d) is not, and does not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust; and

  2. (f)

    if the recommended land or a part of the recommended land proposed to be held by a Land Trust referred to in paragraph (d) is, or includes, alienated Crown land:

    1. (i)

      ensure that the estates and interests in that land or part of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and

    2. (ii)

      after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust.

  1. (1AE)

    Where:

    1. (a)

      a Commissioner recommends to the Minister in two or more reports made under paragraph 50(1)(a) that areas of Crown land should be granted to two or more Land Trusts for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of those respective areas of land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission; and

    2. (b)

      the Minister is satisfied that the areas of land or parts of the areas of land to which each of at least two of those reports respectively relate should be granted to a single Land Trust to be held for the benefit of Aboriginals who are the relevant Aboriginals in relation to each of those areas or each of those parts;

the Minister shall:

  1. (c)

    do either of the following:

    1. (i)

      establish a single Land Trust under section 4;

    2. (ii)

      make a determination in writing specifying a single existing Land Trust;

that is to hold those areas or those parts of those areas for the benefit of Aboriginals who are the relevant Aboriginals in relation to those areas or parts; and

  1. (d)

    if those areas or those parts of those areas are not, and do not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in those areas or parts be made to the Land Trust; and

  2. (e)

    if those areas or those parts of those areas are, or include, alienated Crown land:

    1. (i)

      ensure that the estates and interests in those areas or parts of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and

    2. (ii)

      after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in those areas or parts be made to that Land Trust.

  1. (1AF)

    Where land that is contiguous to Aboriginal land would have been the subject of a recommendation by the Minister under subsection (1), (1AB), (1AD) or (1AE) but for the existence on that land of a stock route (other than a stock route to which subsection 50(2E) applies), then, if the land ceases to be a stock route, the Minister may, on the application of the Land Council for the area in which the land is situated, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part of that land be made to the Land Trust that holds, or to one of the Land Trusts that hold, contiguous Aboriginal land.

  2. (1B)

    Where an amalgamation in respect of which the Minister has taken action under subsection 4(1C) involves an area of land that was the subject of a deed of grant (in this subsection referred to as the former deed) to an existing Land Trust, the Minister shall recommend to the Governor‑General that the Governor‑General execute, in lieu of the former deed:

    1. (a)

      if that area of land is wholly to be held by another Land Trust—a new deed of grant of an estate in fee simple in that area to that other Land Trust; or

    2. (b)

      if that area of land is to be held, as to part of that area, by that existing Land Trust and as to part of that area, by another Land Trust—new deeds of grant of estates in fee simple in the respective parts of that area to the respective Land Trusts that are to hold those respective parts of that area.

  3. (3)

    A reference in subsection (1), (1AB), (1AD) or (1AE) to land shall be read as not including a reference to any land on which there is a road over which the public has a right of way.

  4. (4)

    In this section, relevant Aboriginals, in relation to an area of land, means Aboriginals entitled by Aboriginal tradition to the use or occupation of that area of land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission.

  5. (5)

    A recommendation under paragraph (1)(d) or (e), (1AB)(e), (1AD)(e) or (f) or (1AE)(d) or (e) that a grant of an estate in fee simple in land be made to a Land Trust may include a recommendation that the deed of grant not be delivered to the grantee until a condition specified in the recommendation has been complied with.

  6. (6)

    A determination under subparagraph (1)(c)(ii), (1AD)(d)(ii) or (1AE)(c)(ii) is not a legislative instrument.

11ALand Councils may enter into agreements concerning land under claim
  1. (1)

    A person who desires to obtain an estate or interest in land the subject of an application of the kind referred to in paragraph 50(1)(a) may, before the land (in this section referred to as the relevant land) is granted to a Land Trust, make representations to the Land Council in the area of which the relevant land is situated concerning the person’s plans in respect of the relevant land.

  2. (2)

    Subject to subsection (3), a Land Council to which representations are made pursuant to subsection (1) may, at any time before the relevant land is granted to a Land Trust, agree with the person who made the representations that it will, if the relevant land is granted to a Land Trust, direct the Land Trust to grant an estate or interest in that land to that person and that agreement shall specify the terms and conditions on which the proposed grant is to be made.

  3. (3)

    A Land Council shall not enter into an agreement under subsection (2) unless it is satisfied that:

    1. (a)

      the traditional Aboriginal owners of the relevant land understand the nature and purpose of the proposed grant and, as a group, consent to it;

    2. (b)

      any Aboriginal community or group that may be affected by the proposed grant has been consulted and has had adequate opportunity to express its view to the Land Council; and

    3. (c)

      the terms and conditions on which the proposed grant is to be made are reasonable.

  4. (4)

    An agreement referred to in subsection (2) is binding on any successors to the Land Council that entered into the agreement.

  5. (5)

    Where a Land Council has entered into an agreement under subsection (2), it shall, immediately after the relevant land is granted to a Land Trust, give a direction in writing to the Land Trust to grant an estate or interest in the land on the terms and conditions set out in that agreement.

  6. (6)

    Where a Land Council, in entering into an agreement under subsection (2), fails to comply with subsection (3), that failure does not invalidate the entry by the Land Council into that agreement.

  7. (6A)

    To avoid doubt, an agreement under subsection (2) does not create an estate or interest in the relevant land that would prevent the relevant land from being granted to the Land Trust.

  8. (7)

    In this section, a reference to an estate or interest in land includes a reference to:

    1. (a)

      a mining interest; and

    2. (b)

      a licence granted in respect of that land.

11BRecommendations for grants of former public roads
  1. (1)

    This section applies if:

    1. (a)

      a road over which the public had a right of way existed on land that is contiguous to Aboriginal land; and

    2. (b)

      the Minister would have made a recommendation about the land under section 10 or subsection 11(1), (1AB), (1AD) or (1AE) but for that public right of way; and

    3. (c)

      that public right of way ceases to exist.

  2. (2)

    On application by the Land Council for the area in which the land is situated, the Minister may recommend that the Governor‑General grant an estate in fee simple for the whole or a part of that land to a Land Trust that holds contiguous Aboriginal land.

12Grants of land to Land Trusts
  1. (1)

    Subject to this section, on the receipt of a recommendation under section 10, 11 or 11B with respect to land, the Governor‑General may:

    1. (a)

      in the case of a recommendation under subsection 10(1) or (2A), section 11 or 11B, not being a recommendation that includes a recommendation under subsection 11(5)—execute a deed of grant of an estate in the land in accordance with the recommendation and deliver it to the grantee;

    2. (aa)

      in the case of a recommendation under section 11 that includes a recommendation under subsection 11(5)—execute a deed of grant of an estate in the land in accordance with the recommendation and, if the Governor‑General is satisfied that the condition specified in the recommendation has been complied with, deliver it to the grantee; or

    3. (b)

      in the case of a recommendation under subsection 10(2) or (2B)—execute a deed of grant of an estate in the land in accordance with the recommendation and deliver it to the Land Council referred to in the recommendation on the condition that it be held by the Land Council in escrow, and subsequently delivered to the grantee, in accordance with the recommendation.

  2. (1AA)

    Subject to this section, on the receipt of a recommendation under subsection 10(2AB) with respect to land, the Governor‑General may execute a deed of grant of an estate in fee simple in that land to the Kakadu Aboriginal Land Trust.

  3. (1AB)

    If:

    1. (a)

      a deed of grant of an estate in fee simple in land is executed under subsection (1AA); and

    2. (b)

      the Minister is satisfied that:

      1. (i)

        a lease under section 19 granted by the Kakadu Aboriginal Land Trust to the Director has been varied to cover the whole of that land; and

      2. (ii)

        the variation is expressed to take effect on the date that a deed of grant of an estate in fee simple in that land to that Land Trust is delivered to that Land Trust;

then the Governor‑General may deliver that deed of grant to the Kakadu Aboriginal Land Trust.

  1. (1AC)

    Subject to this section, on the receipt of a recommendation under subsection 10(2AC) with respect to land, the Governor‑General may execute a deed of grant of an estate in fee simple in that land to the Kakadu Aboriginal Land Trust.

  2. (1AD)

    If:

    1. (a)

      a deed of grant of an estate in fee simple in land is executed under subsection (1AC); and

    2. (b)

      the Minister is satisfied that subsection (1AH) applies;

then the Governor‑General may deliver that deed of grant to the Kakadu Aboriginal Land Trust.

  1. (1AH)

    This subsection applies if:

    1. (a)

      the Kakadu Aboriginal Land Trust has entered into a lease, under section 19A, covering the whole of the Jabiru town land; and

    2. (b)

      the lease is expressed to take effect on the date that a deed of grant of an estate in fee simple in that land to that Land Trust is delivered to that Land Trust.

  2. (1AI)

    If a deed of grant is delivered to the Kakadu Aboriginal Land Trust under subsection (1AB) or (1AD), subsection (2A) applies to the estate in fee simple in the land held by the Director, but does not apply to any other estate or interest in the land held by the Director.

    Note: Subsection (2A) has the effect that the estate in fee simple in the land held by the Director ceases to exist at the time the deed of grant takes effect.

  3. (1A)

    Where the Governor‑General, pursuant to a recommendation made under subsection 10(2A) or (2B) or 11(1B), executes a new deed of grant or new deeds of grant under this section in lieu of an existing deed of grant and delivers that new deed of grant or each of those new deeds of grant to a Land Trust or to a Land Council in accordance with this section then, with effect from the date of delivery of that new deed or of each of those new deeds to that Land Trust or to that Land Council:

    1. (a)

      that existing deed of grant shall be taken, by force of this subsection, to have been revoked;

    2. (b)

      any Land Trust that had been established to hold land to which that existing deed of grant related, being a Land Trust established to hold only areas of land to which the new deed of grant relates or the new deeds of grant relate and not being a Land Trust the boundaries of which have been varied, shall be taken to be dissolved;

    3. (c)

      any right, title or other interest in an area of land to which the existing deed of grant related is preserved as a right, title or interest in that area in the new deed of grant or in such of the deeds of grant as relate to that area; and

    4. (d)

      any reference in any document to the existing deed shall be read as a reference to the new deed or to the new deeds, as the case requires.

  4. (1B)

    Any agreement in respect to an area of land that is entered into by a Land Trust that has been dissolved shall have the same force and effect, with effect from the date of dissolution of the Land Trust, as the agreement would have had if it had been entered into by the Land Trust that, after the dissolution of the first‑mentioned Land Trust held the land or by each of the Land Trusts that, after the dissolution of the first‑mentioned Land Trust, held part of the land, to which the agreement related.

  5. (2)

    A deed of grant under this section shall be expressed to be subject to the reservation that:

    1. (a)

      the right to any minerals existing in their natural condition, or in a deposit of waste material obtained from any underground or surface working, on or below the surface of the land, being minerals all interests in which are vested in the Commonwealth, remains with the Commonwealth;

    2. (b)

      the right to any minerals existing in their natural condition, or in a deposit of waste material obtained from any underground or surface working, on or below the surface of the land, being minerals all interests in which are vested in the Northern Territory, remains with the Northern Territory; and

    3. (c)

      rights to explore for minerals, and leases or licences to mine for minerals, on or below the surface of the land may be granted under section 124 of the Lands Acquisition Act 1989.

  6. (2AAA)

    Where a deed of grant executed before the commencement of the Lands Acquisition Act 1989 is expressed to be subject to a reservation that rights to explore for minerals, and leases or licences to mine for minerals, on or below the surface of the land may be granted under subsections 51(1A) and 53(2A) of the Lands Acquisition Act 1955, that reservation has effect on and after the commencement of the Lands Acquisition Act 1989 as if it were a reservation to the effect that such rights, leases or licences may be granted in accordance with section 124 of the Lands Acquisition Act 1989.

  7. (2AA)

    For the purposes of the operation of subsection (2), any interest in minerals vested in a person, other than the Commonwealth or the Northern Territory, shall be disregarded, and any reservation inserted in a deed of grant in accordance with that subsection is subject to such an interest.

  8. (2A)

    Where a deed of grant under this section relating to land in a Commonwealth reserve under the Environment Protection and Biodiversity Conservation Act 1999 takes effect at a particular time, any estate or interest that, immediately before that time, was held by the Director in that land ceases to exist.

  9. (2AB)

    If a deed of grant is delivered to the Kakadu Aboriginal Land Trust under subsection (1AD), then, at the time the deed of grant takes effect, the lease of the Jabiru town land by the Director to the Jabiru Town Development Authority ceases to exist.

  10. (2B)

    The delivery of a deed of grant under this section in respect of:

    1. (a)

      any land described in Schedule 1 under the heading of “Alligator Rivers (No. 1)” or “Alligator Rivers (No. 2)”; or

    2. (b)

      any land described in Schedule 1 under the heading “Kakadu”;

not being land constituting, or forming part of, the land described in Schedule 2 known as the Ranger Project Area, is subject to the condition that the Land Council in the area of which the land is situated shall enter into an agreement with the Director under which the Land Council agrees to direct the Land Trust concerned to grant a lease of the land, or such part of the land as the Director specifies, to the Director, being a lease the terms and conditions of which are set out in the agreement, so as to enable the Director to hold the land for the purposes of Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999.

  1. (2C)

    The delivery of a deed of grant under this section in respect of any land described in Schedule 1 under the heading “Uluru” is subject to the condition that the Land Council in the area of which the land is situated shall enter into an agreement with the Director under which the Land Council agrees to direct the Land Trust concerned to grant a lease of the land to the Director, being a lease the terms and conditions of which are set out in the agreement, so as to enable the Director to hold the land for the purposes of Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999.

  2. (3)

    A deed of grant under this section in respect of land that is not Schedule 1 land:

    1. (a)

      shall identify any land on which there is, at the time of the execution of the deed of grant, a road over which the public has a right of way; and

    2. (b)

      shall be expressed to exclude such land from the grant.

  3. (3A)

    A deed of grant under this section in respect of Schedule 1 land shall be expressed to exclude from the grant:

    1. (a)

      any land on which there was, at the time of the commencement of section 3, a road over which public had, at that time, a right of way; and

    2. (b)

      any land on which there is, at the time of the execution of the deed of grant, a road over which the public has a right of way.

  4. (3B)

    However, subsections (3) and (3A) do not apply to a deed of grant arising from a recommendation under section 11B.

  5. (4)

    A deed of grant under this section takes effect:

    1. (a)

      where a deed is delivered by the Governor‑General to the grantee—on the date on which it is so delivered; or

    2. (b)

      in any other case—on the date on which it is delivered by a Land Council to the grantee in accordance with the condition subject to which it was delivered to the Land Council by the Governor‑General.

  6. (5)

    On the application of a Land Trust to which has been delivered a deed of grant of an estate in land executed by the Governor‑General under this section, whether the delivery was by the Governor‑General or by a Land Council, the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land shall register and otherwise deal with that deed of grant under that law according to its tenor.

  7. (6)

    In this section, a reference to a delivery of a deed by a person shall be read as including a reference to a delivery of the deed by the duly authorized agent of the person.

  8. (7)

    In this section, Schedule 1 land means land that is, or forms part of, an area of land described in Schedule 1.

12AAAAdditional grant to Tiwi Land Trust
  1. (1)

    The Governor‑General may execute a deed of grant to the Tiwi Land Trust of an estate in fee simple in so much of the land as was included in the description of Bathurst Island appearing in Schedule 1 as was not included in the description of Bathurst Island that appeared in Schedule 1 as in force immediately before the commencement of this section and may deliver that deed of grant to the Tiwi Land Trust.

  2. (2)

    The provisions of this Act apply to a grant made in pursuance of subsection (1) as if it were a grant made under subsection 12(1).

  3. (3)

    The Tiwi Land Trust shall be taken for all purposes of this Act or of any other law of the Commonwealth, of a State or of a Territory to hold title both to land granted to it under subsection (1) and to land previously granted to it under this Act, for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of the area of land comprising all the lands so granted whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission.

  4. (4)

    On the application of the Tiwi Land Trust, the Registrar‑General of the Northern Territory shall take such measures as are necessary under the law of the Northern Territory relating to the transfer of land to issue to the Tiwi Land Trust one certificate for the whole of the land granted under this Act to the Tiwi Land Trust and held under separate certificates and, upon the issue of the certificate, to cancel those separate certificates.

  5. (5)

    Except to the extent that subsection (4) expressly provides, nothing in that subsection shall be taken to affect the application to land granted under this Act to a Land Trust of any provision of the law of the Northern Territory relating to the transfer of land.

  6. (6)

    In this section, a reference to the Tiwi Land Trust is a reference to the Land Trust of that name established by the Minister by notice published in the Gazette in pursuance of subsection 4(1).

  7. (7)

    In this section, a reference to the law of the Northern Territory relating to the transfer of land shall read as a reference to that law as applied in accordance with the requirements of this Act.

12AABGrant of land to Anindilyakwa Land Trust etc.

Immediate grant of land to Anindilyakwa Land Trust

  1. (1)

    The Governor‑General may:

    1. (a)

      execute a deed of grant to the Anindilyakwa Land Trust of an estate in fee simple in so much of the land in the area of the Anindilyakwa Land Council as was included in any Arnhem Land type 1 deed (regardless of whether the deed also included other land); and

    2. (b)

      deliver it to the Anindilyakwa Land Trust.

The deed of grant is not a legislative instrument.

Note: See subsection (9) for the definition of Arnhem Land type 1 deed.

Delayed grant of land to Anindilyakwa Land Trust

  1. (2)

    The Governor‑General may:

    1. (a)

      execute a deed of grant to the Anindilyakwa Land Trust of an estate in fee simple in so much of the land in the area of the Anindilyakwa Land Council as was included in any Arnhem Land type 2 deed; and

    2. (b)

      deliver it to the Anindilyakwa Land Council on the condition that the Council hold it in escrow and deliver it to the Anindilyakwa Land Trust when all of the estates and interests in that land held by a person (other than the Crown) have come to an end, whether by surrender to the Crown or otherwise.

The deed of grant is not a legislative instrument.

Note: See subsection (9) for the definition of Arnhem Land type 2 deed.

Application of other provisions of this Act

  1. (3)

    The provisions of this Act apply to a grant under subsection (1) or (2) as if it were a grant under subsection 12(1).

    Note: One of the consequences of this subsection is that subsection 12(4) will apply to determine when a deed of grant executed under subsection (1) or (2) of this section takes effect. Another consequence is that the Anindilyakwa Land Trust will be able to apply under subsection 12(5) to have such a deed registered.

Land no longer held by Arnhem Land Aboriginal Land Trust

  1. (4)

    The following table sets out the effect on:

    1. (a)

      an Arnhem Land type 1 deed or an Arnhem Land type 2 deed that included land in the area of the Anindilyakwa Land Council (regardless of whether the deed also included other land); and

    2. (b)

      the boundaries of the land that is held by the Arnhem Land Aboriginal Land Trust.

Deeds of grant

For this deed:

the result is:

1

An Arnhem Land type 1 deed that included part of the land in the area of the Anindilyakwa Land Council and no other land

The deed is taken to be revoked. At the time the deed of grant executed under subsection (1) takes effect:

(a) the revocation takes effect; and

(b) the boundaries are taken to have been varied to no longer relate to that part of the land in the area of the Anindilyakwa Land Council.

2

An Arnhem Land type 1 deed that included part of the land in the area of the Anindilyakwa Land Council and some other land

The deed ceases to include the part of the land in the area of the Anindilyakwa Land Council. At the time the deed of grant executed under subsection (1) takes effect:

(a) the cessation takes effect; and

(b) the boundaries are taken to have been varied to no longer relate to that part of the land in the area of the Anindilyakwa Land Council.

3

An Arnhem Land type 2 deed that included part of the land in the area of the Anindilyakwa Land Council and no other land

The deed is taken to be revoked. At the time the deed of grant executed under subsection (2) is delivered to the Anindilyakwa Land Council:

(a) the revocation takes effect; and

(b) the boundaries are taken to have been varied to no longer relate to that part of the land in the area of the Anindilyakwa Land Council.

  1. (5)

    If the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land is required to register the deed of grant executed under subsection (1), he or she must also take such measures as are necessary to take account of the effect on the deeds of grant mentioned in item 1 or 2 of the table in subsection (4).

    Note: Subsection 12(5) deals with registration of deeds of grant.

Existing rights, titles or other interests

  1. (6)

    The following table sets out the effect on a right, title or other interest in land in the area of the Anindilyakwa Land Council to which an Arnhem Land type 1 deed or an Arnhem Land type 2 deed related.

Existing rights, titles or other interests

For this deed:

the result is:

1

An Arnhem Land type 1 deed

The right, title or other interest is, from the day the deed of grant executed under subsection (1) takes effect, preserved as a right, title or interest in that land in that deed.

2

An Arnhem Land type 2 deed

(a) if the right, title or other interest was acquired by the Arnhem Land Aboriginal Land Trust as mentioned in paragraph 5(1)(c)—the right, title or other interest is, from the day the deed of grant executed under subsection (2) of this section is delivered to the Anindilyakwa Land Council, taken to have been acquired and to be held by the Anindilyakwa Land Trust; or

(b) otherwise—the right, title or other interest is, from the day the deed of grant executed under subsection (2) of this section is delivered to the Anindilyakwa Land Council, preserved as a right, title or interest in that land in that deed.

Documents

  1. (7)

    The following table sets out the effect on a reference in a document to an Arnhem Land type 1 deed or an Arnhem Land type 2 deed, in so far as the reference relates to land in the area of the Anindilyakwa Land Council.

Documents

For this deed:

the result is:

1

An Arnhem Land type 1 deed

The reference is taken, from the day the deed of grant executed under subsection (1) takes effect, to be a reference to that deed.

2

An Arnhem Land type 2 deed

The reference is taken, from the day the deed of grant executed under subsection (2) is delivered to the Anindilyakwa Land Council, to be a reference to that deed.

Agreements

  1. (8)

    The following table sets out the effect on an agreement entered into by the Arnhem Land Aboriginal Land Trust in respect of land:

    1. (a)

      in the area of the Anindilyakwa Land Council; and

    2. (b)

      included in an Arnhem Land type 1 deed or an Arnhem Land type 2 deed.

Agreements

For this deed:

the result is:

1

An Arnhem Land type 1 deed

The agreement is taken to have the same force and effect, with effect from the day the deed of grant executed under subsection (1) takes effect, as the agreement would have had if it had been entered into by the Anindilyakwa Land Trust.

2

An Arnhem Land type 2 deed

The agreement is taken to have the same force and effect, with effect from the day the deed of grant executed under subsection (2) is delivered to the Anindilyakwa Land Council, as the agreement would have had if it had been entered into by the Anindilyakwa Land Trust.

Definitions

  1. (9)

    In this section:

Arnhem Land Aboriginal Land Trust means the Land Trust of that name established by the Minister by notice published in the Gazette under subsection 4(1).

Arnhem Land type 1 deed means:

  1. (a)

    a deed of grant executed under paragraph 12(1)(a) to the Arnhem Land Aboriginal Land Trust; or

  2. (b)

    a deed of grant executed under paragraph 12(1)(b) to the Arnhem Land Aboriginal Land Trust that took effect before the commencement of this section.

Note: See subsection 12(4) for when a deed of grant under section 12 takes effect.

Arnhem Land type 2 deed means a deed of grant executed under paragraph 12(1)(b) to the Arnhem Land Aboriginal Land Trust that has not taken effect before the commencement of this section.

12AAAgreements with respect to roads on land described in Schedule 1
  1. (1)

    Where a deed of grant of land sets out an exclusion in accordance with subsection 12(3A), the Land Council in the area of which the land is situated and the Northern Territory may, at any time, agree with each other that a part of that land, being a part identified in the agreement, is:

    1. (a)

      land on which there was, at the time of the commencement of section 3, a road over which the public had, at that time, a right of way; or

    2. (b)

      land on which there was, at the time of the execution of the deed of grant, a road over which the public had, at that time, a right of way.

  2. (2)

    An agreement under subsection (1) shall be reduced to writing and a copy of it certified by both parties shall be forwarded to the Minister.

  3. (3)

    On the receipt of a copy of an agreement under subsection (2), the Minister shall publish in the Gazette a notification of the agreement, including a copy of the terms of the agreement.

12ABDeclaratory orders with respect to roads on land described in Schedule 1
  1. (1)

    Where a deed of grant of land sets out an exclusion in accordance with subsection 12(3A), the Supreme Court of the Northern Territory has jurisdiction, at the suit of the Northern Territory or of the Land Council in the area of which the land is situated, to make an order declaring that a part of the land, being a part identified in the order, is:

    1. (a)

      land on which there was, at the time of the commencement of section 3, a road over which the public had, at that time, a right of way; or

    2. (b)

      land on which there was, at the time of the execution of the deed of grant, a road over which the public had, at that time, a right of way.

  2. (2)

    The jurisdiction conferred by subsection (1) shall be exercised in accordance with the Supreme Court Act 1979 of the Northern Territory.

12ACEffect of agreement or order
  1. (1)

    On the publication in the Gazette of an agreement in accordance with section 12AA or the coming into effect of an order under section 12AB, not being an agreement or order relating to a deed of grant that has been registered in accordance with subsection 12(5), the land the subject of the agreement or order shall, for all purposes, be deemed to be, and always to have been, land coming within the terms of the exclusion set out, in accordance with subsection 12(3A), in the deed of grant to which the agreement or order relates.

  2. (2)

    Where an agreement under section 12AA that has been published in the Gazette or an order under section 12AB that has come into effect relates to a deed of grant that has been registered in accordance with subsection 12(5), a party to the agreement or the person who obtained the order may lodge the agreement or order, as the case may be, with the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land, and, on that lodgement, the Registrar‑General or other appropriate officer shall:

    1. (a)

      call in the deed of grant; and

    2. (b)

      enter on the deed of grant and in the register book a memorandum setting out the terms of the agreement or order, as the case may be.

  3. (3)

    On the entering of a memorandum under subsection (2), the land the subject of the agreement or order to which the memorandum relates shall, for all purposes, be deemed to be, and always to have been, land coming within the terms of the exclusion set out, in accordance with subsection 12(3A), in the deed of grant to which the agreement or order, as the case may be, relates.

12ADCompensation for loss of licences etc.
  1. (1)

    Where a person has, by virtue of a grazing licence, an occupation licence or a miscellaneous licence under the Crown Lands Ordinance 1931 of the Northern Territory, as amended and in force from time to time, a right to use land to which a recommendation under subsection 11(1) or (1AD) relates, then, upon the execution under this Act of a deed of grant in respect of the land, that right is converted into a right to compensation from the Commonwealth.

  2. (2)

    Where a person has a right to compensation under subsection (1) in relation to the loss of a licence, the right extends to compensation for decrease in value of an estate or interest or other licence of the person in land that is adjacent to the land granted, to the extent that the decrease arose out of the loss of that licence.

  3. (3)

    Compensation under this section is not payable in respect of improvements that are not authorised under the Crown Lands Ordinance 1931 of the Northern Territory, as amended and in force from time to time.

  4. (4)

    The amount of compensation payable to a person under this section shall be such reasonable amount of compensation as is, subject to the operation of subsections (2) and (3), agreed between the Commonwealth and that person or, failing agreement, as is determined by the Federal Court of Australia.

12AOccupation of land by Director
  1. (1)

    Where the estate or interest of the Director in any land ceases to exist by virtue of subsection 12(2A), the Director is entitled, by virtue of this section, to continue his or her occupation of the land for the purposes of Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 and, during that period of occupation, any buildings or improvements on the land shall be deemed to be the property of the Director.

  2. (1A)

    Subsection (1) does not apply to an estate or interest of the Director in land described under the heading “JABIRU” in Part 4 of Schedule 1.

  3. (2)

    Nothing in subsection (1) prevents the granting by a Land Trust of a lease to the Director of land to which this section applies and, if such a lease is granted, the land ceases to be land to which this section applies.

12BArbitration on agreement between Land Council and Director
  1. (1)

    Where the Minister is satisfied that a Land Council and the Director are unable to agree on the terms of an agreement to be entered into by them in compliance with the condition referred to in subsection 12(2B), the Minister may, after consulting with the Land Council and with the Director, appoint an Arbitrator, being a person whom the Minister considers to be in a position to deal with the matter impartially, to determine the terms of an agreement that, in the opinion of the Arbitrator, complies with that condition and should be acceptable to the Land Council and to the Director.

  2. (2)

    An agreement determined by the Arbitrator under subsection (1) shall not include a term or condition (whether in the agreement or in a lease the terms and conditions of which are set out in the agreement) that:

    1. (a)

      requires the Land Council or Land Trust concerned to take any action that it is not authorized to take by, or under, this Act or any other Act or by, or under, a law of the Northern Territory; or

    2. (b)

      requires the Director to take any action that the Director is not authorized to take by, or under, the Environment Protection and Biodiversity Conservation Act 1999 or any other Act or by, or under, a law of the Northern Territory.

  3. (3)

    Where the Arbitrator has determined the terms of an agreement under subsection (1), the Land Council concerned and the Director shall enter into that agreement.

  4. (4)

    Where the Minister is satisfied that a Land Council has refused, or is unwilling, to enter into an agreement with the Director as required by subsection (3), the Minister may, on behalf of the Land Council, enter into the agreement with the Director.

12CMinister may grant lease in certain circumstances

Where the Minister is satisfied that:

  1. (a)

    a Land Council has refused, or is unwilling, to direct a Land Trust to grant to the Director a lease in accordance with an agreement entered into between the Land Council and the Director (including such an agreement entered into by the Minister on behalf of the Land Council) in compliance with the condition referred to in subsection 12(2B); or

  2. (b)

    a Land Trust has refused, or is unwilling, to take action in accordance with a direction given to it by a Land Council, being a direction to grant to the Director a lease in accordance with an agreement entered into between the Land Council and the Director (including such an agreement entered into by the Minister on behalf of the Land Council) in compliance with the condition referred to in subsection 12(2B);

    1. the point of latitude and longitude referred to in the table does not lie on the low water mark;

the point of latitude and longitude referred to in the table is taken to be the nearest point of latitude and longitude that lies on the low water mark.

  1. (2)

    If:

    1. (a)

      the description of an area of land in this Schedule assumes that a point of latitude and longitude referred to in a table lies on the landward side of the low water mark; but

    2. (b)

      the point of latitude and longitude referred to in the table lies on the seaward side of the low water mark;

the point of latitude and longitude referred to in the table is taken to be the nearest point of latitude and longitude that lies on the low water mark.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Endnote 3Legislation history

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Aboriginal Land Rights (Northern Territory) Act 1976

191, 1976

16 Dec 1976

s. 70: 1 Feb 1979 (see Gazette 1979, No. S9)

Remainder: 26 Jan 1977 (see Gazette 1977, No. S6)

Aboriginal Land Rights (Northern Territory) Amendment Act 1978

21, 1978

17 May 1978

23 June 1978 (see Gazette 1978, No. S110)

Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1978

70, 1978

22 June 1978

1 July 1978

s. 10

Aboriginal Land Rights (Northern Territory) Amendment Act (No. 2) 1978

83, 1978

22 June 1978

22 June 1978

Aboriginal Land Rights (Northern Territory) Amendment Act 1979

189, 1979

4 Dec 1979

4 Dec 1979

ss. 9(2), (3) and 14 s. 13 (rep. by 16, 1982, s. 13)

as amended by

Aboriginal Land Rights Legislation Amendment Act 1982

16, 1982

15 Apr 1982

15 Apr 1982

s. 7(2)

Aboriginal Land Rights (Northern Territory) Amendment Act 1980

72, 1980

28 May 1980

ss. 3 and 6–9: 26 Jan 1977

Remainder: Royal Assent

ss. 10 and 11

Companies (Miscellaneous Amendments) Act 1981

92, 1981

18 June 1981

Part I (ss. 1, 2): Royal Assent

Div. 1 of Part XI (s. 36): 1 July 1981 (see s. 2(2) and Gazette 1981, No. S118)

Remainder: 1 July 1982 (see s. 2(3) and Gazette 1982, No. S124)

Aboriginal Land Rights Legislation Amendment Act 1982

16, 1982

15 Apr 1982

15 Apr 1982

s. 7(2)

as amended by

Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

80, 1982

22 Sept 1982

Part IV (ss. 10, 11): 15 Apr 1982

Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

80, 1982

22 Sept 1982

ss. 12 and 13: 15 Apr 1982

s. 14: 20 Oct 1982

Public Service Reform Act 1984

63, 1984

25 June 1984

s 151(9) and Sch 4: 1 July 1984 (s 2(4) and gaz 1984, No S245)

s 151(9)

as amended by

Statute Law (Miscellaneous Provisions) Act (No. 2) 1984

165, 1984

25 Oct 1984

Sch 1: 1 July 1984 (s 2(21)(b))

Statute Law (Miscellaneous Provisions) Act (No. 1) 1984

72, 1984

25 June 1984

s. 3: Royal Assent

s. 5(1)

Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

65, 1985

5 June 1985

s. 3: 3 July 1985

Aboriginal Land Rights (Northern Territory) Amendment Act 1985

93, 1985

2 Sept 1985

2 Sept 1985

Public Service and Statutory Authorities Amendment Act 1985

166, 1985

11 Dec 1985

s. 45: 8 Jan 1986

s. 45(2)

Aboriginal Land Rights (Northern Territory) Amendment Act (No. 2) 1987

18, 1987

18 May 1987

18 May 1987 (s 2)

as amended by

Statute Law (Miscellaneous Provisions) Act 1988

38, 1988

3 June 1988

Sch 1: 18 May 1987 (s 2(2))

Aboriginal Land Rights (Northern Territory) Amendment Act 1987

40, 1987

5 June 1987

s 13(b) (amdt to para 23(1)(ea) Aboriginal Land Rights (Northern Territory) Act 1976): 1 Sept 1995 (s 2(2) and gaz 1995, No S333)

s 25 (amdt to s 50(2D), (2E) Aboriginal Land Rights (Northern Territory) Act 1976): 1 Mar 1990 (s 2(2) and gaz 1990, No S51)

s 26: 30 June 1986 (s 2(3))

s 34: never commenced (s 2(2))

Remainder: 5 June 1987 (s 2(1))

s 21(2)

as amended by

Aboriginal Land Rights (Northern Territory) Amendment Act 1989

2, 1990

17 Jan 1990

s 17: 17 Jan 1990 (s 2)

Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987

75, 1987

5 June 1987

5 June 1987

s. 7 and 8

as amended by

Aboriginal Land Rights (Northern Territory) Amendment Act 1989

2, 1990

17 Jan 1990

s 18: 17 Jan 1990 (s 2)

Statute Law (Miscellaneous Provisions) Act 1987

141, 1987

18 Dec 1987

s. 3: Royal Assent

s. 5(1)

Lands Acquisition (Repeal and Consequential Provisions) Act 1989

21, 1989

20 Apr 1989

9 June 1989 (see s. 2 and Gazette 1989, No. S185)

Aboriginal and Torres Strait Islander Commission Act 1989

150, 1989

27 Nov 1989

5 Mar 1990 (see Gazette 1990, No. S48)

Aboriginal Land Rights (Northern Territory) Amendment Act 1989

2, 1990

17 Jan 1990

17 Jan 1990

Prime Minister and Cabinet Legislation Amendment Act 1991

199, 1991

18 Dec 1991

18 Dec 1991

Aboriginal Land Rights (Northern Territory) Amendment Act 1993

6, 1993

27 May 1993

27 May 1993

Aboriginal Land Rights (Northern Territory) Amendment Act 1994

66, 1994

30 May 1994

30 May 1994

Aboriginal Land Rights (Northern Territory) Amendment Act 1995

37, 1995

12 Apr 1995

12 Apr 1995

Aboriginal Land Rights (Northern Territory) Amendment Act (No. 2) 1995

63, 1995

30 June 1995

30 June 1995

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 4 (item 3): Royal Assent

Aboriginal Land Rights (Northern Territory) Amendment Act 1997

117, 1997

7 July 1997

7 July 1997

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Schedule 2 (items 113–135): 1 Jan 1998 (see s. 2(2) and Gazette 1997, No. GN49)

Aboriginal Land Rights (Northern Territory) Amendment Act (No. 1) 1999

1, 1999

26 Feb 1999

26 Mar 1999

Environmental Reform (Consequential Provisions) Act 1999

92, 1999

16 July 1999

Schedule 3 (item 4) and Schedule 4 (items 23–37): 16 July 2000 (see s. 2(1))

Sch. 4 (items 31, 33)

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (items 28–31): 5 Dec 1999 (see Gazette 1999, No. S584)

A New Tax System (Tax Administration) Act 1999

179, 1999

22 Dec 1999

Schedule 11 (items 1, 2): 1 July 2000

Aboriginal Land Rights (Northern Territory) Amendment Act (No. 2) 2000

27, 2000

3 Apr 2000

3 Apr 2000

Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 2000

112, 2000

5 Sept 2000

5 Sept 2000

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000

137, 2000

24 Nov 2000

Sch 2 (items 12–16, 418, 419): 24 May 2001 (s 2(3))

Sch 2 (items 418, 419)

Reconciliation and Aboriginal and Torres Strait Islander Affairs Legislation Amendment (Application of Criminal Code) Act 2001

112, 2001

17 Sept 2001

s. 4, Schedule 1 (items 42–52) and Schedule 2 (items 86–162): 15 Oct 2001

s. 4

Aboriginal Land Rights (Northern Territory) Amendment Act 2002

99, 2002

10 Nov 2002

10 Nov 2002

Financial Framework Legislation Amendment Act 2005

8, 2005

22 Feb 2005

s. 4, Schedule 1 (items 59–69, 496) and Schedule 2 (items 11, 12, 174): Royal Assent

s. 4, Sch. 1 (item 496) and Sch. 2 (item 174)

Aboriginal and Torres Strait Islander Commission Amendment Act 2005

32, 2005

22 Mar 2005

Schedule 4 (items 7–11): 24 Mar 2005

Aboriginal Land Rights (Northern Territory) Amendment Act 2006

93, 2006

5 Sept 2006

Schedule 1 (items 1–4, 8, 10, 11, 13–15, 17–33, 35–71, 73–99, 101–103, 159–162, 165–201, 203, 204, 206, 208–218, 220–223, 225–231, 233): 1 Oct 2006 (see F2006L03153)

Schedule 1 (items 4A–4C, 9, 104–124D, 128–145, 147–158, 202, 224, 232, 234): 1 July 2007 (see F2007L01930)

Schedule 1 (items 100, 219): 5 Sept 2007

Remainder: Royal Assent

Sch. 1 (items 206, 208–223, 224(1), (2), (4)–(12), 225–234)

Sch. 1 (item 224(3)) (am. by 121, 2007, Sch. 2 [item 3])

as amended by

Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Act 2007

121, 2007

28 June 2007

Sch 2 (items 2, 3): 1 July 2007 (s 2(1) items 4, 5)

Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006

101, 2006

14 Sept 2006

Schedule 2 (item 1) and Schedule 6 (items 1, 6–11): Royal Assent

Sch. 6 (items 1, 6–11)

Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006

125, 2006

4 Nov 2006

Schedule 2 (items 35–87): 1 July 2007 (see s. 2(1))

Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Act 2007

121, 2007

28 June 2007

Sch 1 and Sch 2 (item 1): 1 July 2007 (s 2(1) items 2, 3)

Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007

128, 2007

17 Aug 2007

s 3–5: 17 Aug 2007 (s 2(1) item 1)

Sch 3, Sch 4 (items 1–10, 18) and Sch 5 (items 1–6):18 Aug 2007 (s 2(1) items 3, 4, 6–9)

Sch 4 (items 11–17): 17 Feb 2008 (s 2(1) item 5)

s 3–5 and Sch 4 (items 16–18)

as amended by

Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010

93, 2010

29 June 2010

Sch 1 (items 1, 4): 31 Dec 2010 (s 2(1) item 2)

Sch 1 (item 4)

Indigenous Affairs Legislation Amendment Act 2008

67, 2008

1 July 2008

Schedule 1 (items 1–35) and Schedule 3: 2 July 2008

Sch. 1 (items 4, 7)

Statute Law Revision Act 2008

73, 2008

3 July 2008

Schedule 4 (item 31): 4 July 2008

Statute Law Revision Act 2010

8, 2010

1 Mar 2010

Schedule 1 (item 1): Royal Assent

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010

38, 2010

13 Apr 2010

Schedule 1: 14 Apr 2010

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (items 26–31) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch. 3 (items 10, 11)

Family Assistance and Other Legislation Amendment Act 2011

52, 2011

28 June 2011

Schedule 5: Royal Assent

Indigenous Affairs Legislation Amendment Act 2011

97, 2011

15 Sept 2011

Schedule 1: 16 Sept 2011

Indigenous Affairs Legislation Amendment Act (No. 2) 2011

188, 2011

7 Dec 2011

Schedule 1 (item 73): 8 Dec 2011

Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012

101, 2012

29 June 2012

Sch 2: 16 July 2012 (s 2(1) item 2)

Sch 2 (item 10)

as amended by

Statute Law Revision Act 2013

103, 2013

29 June 2013

Sch 2 (items 14, 15): 16 July 2012 (s 2(1) item 14)

Aboriginal Land Rights and Other Legislation Amendment Act 2013

93, 2013

28 June 2013

Sch 1 (items 1–27, 36) and Sch 2: 29 June 2013

Sch 1 (item 36)

Statute Law Revision Act 2013

103, 2013

29 June 2013

Schedule 1 (items 1–13) and Schedule 4 (item 37): Royal Assent

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 7 (items 54–69) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)

Sch 14

as amended by

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)

Statute Law Revision Act (No.1) 2015

5, 2015

25 Feb 2015

Sch 3 (items 9, 10): 25 Mar 2015 (s 2(1) item 10)

Aboriginal Land Rights (Northern Territory) Amendment Act 2015

175, 2015

11 Dec 2015

Sch 1: 12 Dec 2015 (s 2(1) item 2)

Sch 1 (items 21–23)

Aboriginal Land Rights (Northern Territory) Amendment Act 2019

9, 2019

12 Mar 2019

Sch 1–3: 13 Mar 2019 (s 2(1) items 2, 3)

Aboriginal Land Rights (Northern Territory) Amendment (Land Scheduling) Act 2019

27, 2019

4 Apr 2019

4 Apr 2019 (s 2(1) item 1)

Aboriginal Land Rights (Northern Territory) Amendment (Jabiru) Act 2020

87, 2020

17 Sept 2020

Sch 1 (items 1–12): 18 Sept 2020 (s 2(1) item 1)

Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021

132, 2021

13 Dec 2021

Sch 1 (items 1–10): 15 Nov 2022 (s 2(1) item 2)

Sch 1 (items 11–20), Sch 2, Sch 3 (items 1–38) and Sch 4: 14 Dec 2021 (s 2(1) items 3–5, 7)

Sch 3 (items 39–44): 13 Dec 2022 (s 2(1) item 6)

Sch 1 (items 11–20), Sch 2 (items 52–59), Sch 3 (items 22, 23, 37, 38) and Sch 3 (item 43)

Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023

74, 2023

20 Sept 2023

Sch 3 (item 1): 18 Oct 2023 (s 2(1) item 3)

Aboriginal Land Rights (Northern Territory) Amendment (Scheduling) Act 2024

95, 2024

29 Nov 2024

30 Nov 2024 (s 2(1) item 1)

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

1990 No. 282

6 Sept 1990

6 Sept 1990

as amended by

1991 No. 26

6 Mar 1991

6 Mar 1991

1991 No. 38

28 Mar 1991

28 Mar 1991

1991 No. 62

17 Apr 1991

17 Apr 1991

1991 No. 115

6 June 1991

6 June 1991

1991 No. 282

17 Sept 1991

17 Sept 1991

1991 No. 340

12 Nov 1991

12 Nov 1991

1991 No. 396

12 Dec 1991

12 Dec 1991

1992 No. 107

28 Apr 1992

28 Apr 1992

1992 No. 133

9 June 1992

9 June 1992

1992 No. 369

30 Nov 1992

30 Nov 1992

Endnote 4Amendment history

Provision affected

How affected

Part I

s 3.............................................

am No 21, 1978; No 70, 1978; No 72, 1984; No 18, 1987; No 40, 1987; No 75, 1987; No 21, 1989; No 2, 1990; No 152, 1997; No 92, 1999; No 8, 2005; No 93, 2006; No 125, 2006; No 67, 2008; No 8, 2010; No 101, 2012; No 93, 2013; No 9, 2019; No 132, 2021

ed C40

am No 87, 2020

s 3AAA......................................

ad No 93, 2006

am No 46, 2011

rep No 132, 2021

s 3AA........................................

ad No 93, 2006

am No 46, 2011

rs No 132, 2021

s 3AB........................................

ad No 93, 2006

am No 93, 2013, No 132, 2021

s 3AC........................................

ad No 93, 2013

s 3AD........................................

ad No 93, 2013

rep No 87, 2020

s 3A...........................................

ad No 70, 1978

s 3B...........................................

ad No 40, 1987

s 3C...........................................

ad No 21, 1989

s 3D...........................................

ad No 112, 2001

Part II

s 4.............................................

am No 21, 1978; No 16, 1982; No 40, 1987; No 2, 1990; No 152, 1997; No 93, 2006; No 93, 2013

s 5.............................................

am No 21, 1978; No 21, 1989

s 5A...........................................

ad No 52, 2011

s 7.............................................

am No 16, 1982; No 152, 1997; No 112, 2001; No 93, 2006; No 125, 2006

s 8, 9..........................................

am No 112, 2001

s 10............................................

am No 16, 1982; No 93, 1985; No 40, 1987; No 92, 1999; No 93, 2006; No 93, 2013; No 9, 2019

s 11............................................

am No 21, 1978; No 189, 1979; No 16, 1982 (as am by No 80, 1982); No 80, 1982; No 72, 1984; No 18, 1987; No 40, 1987; No 92, 1999; No 112, 2000; No 112, 2001; No 93, 2006; No 9, 2019

s 11A.........................................

ad No 40, 1987

am No 132, 2021

s 11B.........................................

ad No 112, 2000

s 12............................................

am No 21, 1978; No 72, 1980; No 93, 1985; No 18, 1987; No 40, 1987; No 21, 1989; No 63, 1995; No 92, 1999; No 112, 2000; No 93, 2013; No 9, 2019; No 87, 2020

s 12AAA....................................

ad No 16, 1982

s 12AAB....................................

ad No 93, 2006

s 12AA–12AC............................

ad No 72, 1980

s 12AD......................................

ad No 40, 1987

s 12A.........................................

ad No 21, 1978

am No 92, 1999; No 112, 2001; No 93, 2013

s 12B.........................................

ad No 21, 1978

am No 92, 1999; No 112, 2001

s 12C.........................................

ad No 21, 1978

s 12D.........................................

ad No 132, 2021

s 13............................................

am No 112, 2001; No 132, 2021

s 14............................................

am No 70, 1978; No 93, 2006

s 15............................................

am No 93, 2006

s 16............................................

am No 40, 1987

s 17............................................

rs No 70, 1978

am No 93, 2006

s 18A.........................................

ad No 83, 1978

s 18B.........................................

ad No 83, 1978

am No 112, 2001

s 18C.........................................

ad No 83, 1978

s 19............................................

am No 21, 1978; No 70, 1978; No 93, 1985; No 40, 1987; No 112, 2001; No 93, 2006; No 125, 2006; No 67, 2008; No 93, 2013

ed C40

am No 87, 2020; No 132, 2021

s 19A.........................................

ad No 93, 2006

am No 128, 2007; No 67, 2008; No 93, 2013

ed C40

am No 87, 2020; No 132, 2021

s 19B.........................................

ad No 132, 2021

s 19C.........................................

ad No 93, 2006

am No 67, 2008; No 132, 2021

s 19D.........................................

ad No 93, 2006

am No 132, 2021

s 19E.........................................

ad No 93, 2006

am No 132, 2021

s 20............................................

am No 112, 2001

s 20A.........................................

ad No 21, 1978

am No 93, 2006; No 67, 2008

Part IIA

Part IIA......................................

ad No 121, 2007

Division 1

s 20B.........................................

ad No 121, 2007

Division 2

Division 2 heading......................

rs No 175, 2015

s 20C.........................................

ad No 121, 2007

am No 67, 2008; No 175, 2015

s 20CA.......................................

ad No 67, 2008

am No 101, 2012; No 175, 2015

ed C40

s 20CB.......................................

ad No 175, 2015

Division 3

s 20D.........................................

ad No 121, 2007

s 20E.........................................

ad No 121, 2007

rs No 67, 2008

s 20F, 20G..................................

ad No 121, 2007

s 20H.........................................

ad No 121, 2007

rs No 67, 2008

s 20J..........................................

ad No 121, 2007

am No 46, 2011

s 20K.........................................

ad No 121, 2007

rs No 67, 2008

s 20L.........................................

ad No 121, 2007

s 20M........................................

ad No 121, 2007

rs No 67, 2008

s 20N.........................................

ad No 121, 2007

Division 4

s 20P, 20Q..................................

ad No 121, 2007

Division 5

s 20R.........................................

ad No 121, 2007

Division 6

Division 6..................................

rs No 67, 2008

Division 6 heading......................

rs No 175, 2015

s 20S..........................................

ad No 121, 2007

rs No 67, 2008

am No 175, 2015

s 20SA.......................................

ad No 67, 2008

am No 175, 2015

s 20SB.......................................

ad No 67, 2008

am No 175, 2015

Part IIB......................................

ad No 128, 2007

rep No 101, 2012

s 20T.........................................

ad No 128, 2007

rep No 101, 2012

s 20U, 20V.................................

ad No 128, 2007

rep No 101, 2012

s 20W, 20X................................

ad No 128, 2007

rep No 101, 2012

s 20Y.........................................

ad No 128, 2007

am No 67, 2008

rep No 101, 2012

s 20Z.........................................

ad No 128, 2007

rep No 101, 2012

s 20ZA.......................................

ad No 128, 2007

rs No 67, 2008

rep No 101, 2012

s 20ZB.......................................

ad No 128, 2007

rep No 101, 2012

s 20ZC, 20ZD.............................

ad No 128, 2007

rep No 101, 2012

s 20ZE.......................................

ad No 128, 2007

am No 67, 2008

rep No 101, 2012

s 20ZF, 20ZG.............................

ad No 128, 2007

rep No 101, 2012

s 20ZH, 20ZI..............................

ad No 128, 2007

rep No 101, 2012

s 20ZJ........................................

ad No 128, 2007

am No 67, 2008

rep No 101, 2012

s 20ZK.......................................

ad No 128, 2007

rep No 101, 2012

s 20ZL.......................................

ad No 128, 2007

rs No 67, 2008

rep No 101, 2012

s 20ZM......................................

ad No 128, 2007

rep No 101, 2012

s 20ZN, 20ZO.............................

ad No 128, 2007

rep No 101, 2012

s 20ZP.......................................

ad No 128, 2007

am No 67, 2008

rep No 101, 2012

Part III

s 21............................................

am No 112, 2001; No 93, 2006

s 21A.........................................

ad No 93, 2006

am No 125, 2006

s 21B.........................................

ad No 93, 2006

s 21C.........................................

ad No 93, 2006

s 21D.........................................

ad No 93, 2006

s 21E.........................................

ad No 175, 2015

s 22............................................

am No 152, 1997; No 93, 2006; No 103, 2013; No 62, 2014

s 22A.........................................

ad No 152, 1997

am No 93, 2006

rep No 62, 2014

s 23............................................

am No 40, 1987; No 2, 1990; No 67, 2008; No 101, 2012; No 132, 2021

s 23AA......................................

ad No 93, 2006

s 23A.........................................

ad No 21, 1978

am No 137, 2000

s 23B.........................................

ad No 21, 1978

s 23C.........................................

ad No 21, 1978

am No 40, 1987; No 137, 2000

s 23D.........................................

ad No 21, 1978

am No 112, 2001

s 23E.........................................

ad No 21, 1978

am No 63, 1984; No 40, 1987; No 150, 1989; No 146, 1999; No 112, 2001; No 32, 2005; No 93, 2006

s 24............................................

am No 40, 1987

s 25............................................

am No 112, 2001; No 125, 2006

s 26............................................

am No 40, 1987

s 27............................................

am No 189, 1979; No 72, 1980; No 166, 1985; No 40, 1987; No 199, 1991; No 112, 2001; No 93, 2006; No 125, 2006; No 132, 2021

s 28............................................

am No 40, 1987; No 152, 1997; No 93, 2006; No 125, 2006; No 175, 2015; No 132, 2021

s 28A.........................................

ad No 93, 2006

am No 125, 2006; No 175, 2015

rep No 132, 2021

s 28B.........................................

ad No 93, 2006

am No 125, 2006; No 175, 2015

rep No 132, 2021

s 28C.........................................

ad No 93, 2006

am No 125, 2006

rep No 175, 2015

s 28D.........................................

ad No 93, 2006

am No 125, 2006; No 46, 2011

rep No 175, 2015

s 28E.........................................

ad No 93, 2006

am No 125, 2006

rep No 132, 2021

s 28F..........................................

ad No 93, 2006

am No 125, 2006; No 175, 2015

rep No 132, 2021

s 29............................................

am No 93, 2006

s 29AA......................................

ad No 93, 2006

s 29A.........................................

ad No 40, 1987

am No 93, 2006

s 30............................................

am No 152, 1997

s 31............................................

am No 152, 1997; No 112, 2001; No 93, 2006

s 32............................................

rep No 152, 1997

s 33............................................

am No 72, 1984; No 8, 2005; No 62, 2014; No 132, 2021

s 33A.........................................

ad No 93, 2006

s 33B.........................................

ad No 67, 2008

am No 101, 2012

am No 93, 2006

s 34............................................

am No 72, 1984; No 152, 1997; No 112, 2001; No 93, 2006; No 67, 2008; No 62, 2014; No 132, 2021

s 35............................................

am No 189, 1979; No 40, 1987; No 75, 1987; No 2, 1990; No 152, 1997; No 8, 2005; No 93, 2006; No 125, 2006; No 67, 2008; No 101, 2012; No 103, 2013; No 62, 2014

s 35A.........................................

ad No 40, 1987

rs No 93, 2006

s 35B, 35C.................................

ad No 93, 2006

s 37............................................

rs No 152, 1997; No 93, 2006

am No 125, 2006; No 67, 2008; No 62, 2014; No 132, 2021

s 37AA......................................

ad No 40, 1987

rep No 152, 1997

s 37A.........................................

ad No 189, 1979

am No 40, 1987

rep No 152, 1997

s 38............................................

rep No 152, 1997

ad No 93, 2006

rep No 103, 2013

s 39............................................

rep No 65, 1985

ad No 93, 2006

am No 62, 2014

Part IV

Part IV.......................................

rs No 75, 1987

s 40............................................

am No 18, 1987

rs No 75, 1987

am No 141, 1987; No 2, 1990; No 93, 2006; No 132, 2021

s 41............................................

am No 18, 1987

rs No 75, 1987

am No 93, 2006; No 132, 2021

s 41A.........................................

ad No 93, 2006

s 42............................................

am No 189, 1979; No 80, 1982; No 18, 1987

rs No 75, 1987

am No 141, 1987; No 93, 2006 (as am by No 121, 2007); No 132, 2021

s 43............................................

am No 72, 1980; No 18, 1987

rs No 75, 1987

am No 93, 2006

s 44............................................

am No 21, 1978; No 72, 1980; No 18, 1987

rs No 75, 1987

am No 141, 1987; No 93, 2006; No 132, 2021; No 74, 2023

s 44A.........................................

ad No 75, 1987

am No 141, 1987; No 2, 1990; No 93, 2006; No 132, 2021

s 45............................................

am No 18, 1987

rs No 75, 1987

s 46............................................

am No 21, 1978; No 18, 1987 (as am by No 38, 1988)

rs No 75, 1987

am No 93, 2006

s 46A.........................................

ad No 72, 1980

rep No 75, 1987

s 47............................................

am No 92, 1981

rs No 75, 1987; No 93, 2006

am No 132, 2021

s 48............................................

am No 72, 1980

rs No 75, 1987

am No 93, 2006; No 132, 2021

s 48A.........................................

ad No 75, 1987

s 48AA......................................

ad No 2, 1990

s 48B.........................................

ad No 75, 1987

am No 93, 2006; No 121, 2007

s 48C, 48D.................................

ad No 75, 1987

s 48E, 48F..................................

ad No 75, 1987

am No 93, 2006

s 48G, 48H.................................

ad No 75, 1987

s 48J..........................................

ad No 75, 1987

am No 2, 1990; No 93, 2006

Part V

Part V heading............................

rs No 72, 1984

s 49............................................

am No 72, 1984

s 50............................................

am No 21, 1978; No 189, 1979; No 72, 1984; No 18, 1987; No 40, 1987; No 2, 1990; No 92, 1999; No 112, 2001; No 93, 2006; No 9, 2019

s 51............................................

am No 72, 1984; No 112, 2001

s 52............................................

am No 72, 1984; No 40, 1987; No 1, 1999; No 112, 2001; No 93, 2006

s 53............................................

am No 72, 1984; No 40, 1987; No 112, 2001; No 93, 2006

s 53A.........................................

ad No 21, 1978

am No 72, 1984; No 40, 1987; No 112, 2001

s 53B.........................................

ad No 62, 2014

s 54............................................

am No 21, 1978; No 72, 1984; No 137, 2000; No 112, 2001; No 93, 2006

s 54A.........................................

ad No 21, 1978

am No 72, 1984; No 137, 2000; No 112, 2001; No 93, 2006

s 54AA......................................

ad No 40, 1987

am No 112, 2001; No 93, 2006

s 54B.........................................

ad No 21, 1978

am No 72, 1984

rep No 137, 2000

s 54C.........................................

ad No 189, 1979

am No 72, 1984; No 146, 1999

s 54D.........................................

ad No 40, 1987

s 55............................................

am No 72, 1984; No 112, 2001

s 56............................................

am No 72, 1984

s 57............................................

am No 21, 1978; No 72, 1984; No 112, 2001; No 93, 2006

s 58............................................

am No 72, 1984; No 112, 2001

s 59............................................

am No 72, 1984; No 146, 1999

s 60............................................

am No 72, 1984; No 166, 1985

s 61............................................

am No 72, 1984; No 112, 2001

Part VI

Part VI heading...........................

rs No 152, 1997; No 8, 2005

s 62............................................

am No 21, 1978; No 152, 1997

rs No 8, 2005

am No 62, 2014

s 62A.........................................

ad No 21, 1978

rep No 8, 2005

ad No 93, 2006

am No 62, 2014

rs No 8, 2005

s 63............................................

am No 21, 1978; No 70, 1978; No 189, 1979; No 2, 1990; No 152, 1997

rs No 8, 2005

rs No 8, 2005

am No 132, 2021

s 63A.........................................

ad No 132, 2021

am No 132, 2021

s 64............................................

am No 21, 1978; No 189, 1979; No 72, 1984; No 152, 1997

rs No 8, 2005

am No 93, 2006; No 67, 2008; No 62, 2014

rep No 103, 2013

rs No 8, 2005

am No 175, 2015; No 132, 2021

s 64A.........................................

ad No 16, 1982

am No 152, 1997; No 179, 1999; No 112, 2001

rs No 8, 2005

am No 93, 2006; No 101, 2006

s 64AA......................................

ad No 132, 2021

s 64B.........................................

ad No 150, 1989

am No 152, 1997; No 8, 2005; No 32, 2005; No 62, 2014

s 65............................................

am No 21, 1978; No 152, 1997; No 8, 2005; No 93, 2006

rep No 132, 2021

Part VIA

Part VIA....................................

ad No 132, 2021

Division 1

s 65A.........................................

ad No 132, 2021

Division 2

Subdivision A

s 65B.........................................

ad No 132, 2021

s 65BA.......................................

ad No 132, 2021

s 65BB.......................................

ad No 132, 2021

s 65BC.......................................

ad No 132, 2021

Subdivision B

s 65BD.......................................

ad No 132, 2021

s 65BE.......................................

ad No 132, 2021

s 65BF.......................................

ad No 132, 2021

s 65BG.......................................

ad No 132, 2021

s 65BH.......................................

ad No 132, 2021

s 65BI........................................

ad No 132, 2021

s 65BJ........................................

ad No 132, 2021

s 65BK.......................................

ad No 132, 2021

s 65BL.......................................

ad No 132, 2021

Subdivision C

s 65BM......................................

ad No 132, 2021

s 65BN.......................................

ad No 132, 2021

Division 3

s 65C.........................................

ad No 132, 2021

Division 4

s 65D.........................................

ad No 132, 2021

s 65DA......................................

ad No 132, 2021

Division 5

Subdivision A

s 65E.........................................

ad No 132, 2021

s 65EA.......................................

ad No 132, 2021

Subdivision B

s 65EB.......................................

ad No 132, 2021

s 65EC.......................................

ad No 132, 2021

s 65ED.......................................

ad No 132, 2021

s 65EE.......................................

ad No 132, 2021

s 65EF.......................................

ad No 132, 2021

s 65EG.......................................

ad No 132, 2021

s 65EH.......................................

ad No 132, 2021

Subdivision C

s 65EI........................................

ad No 132, 2021

s 65EJ........................................

ad No 132, 2021

s 65EK.......................................

ad No 132, 2021

s 65EL.......................................

ad No 132, 2021

s 65EM......................................

ad No 132, 2021

s 65EN.......................................

ad No 132, 2021

s 65EO.......................................

ad No 132, 2021

s 65EP.......................................

ad No 132, 2021

Subdivision D

s 65EQ.......................................

ad No 132, 2021

s 65ER.......................................

ad No 132, 2021

s 65ES.......................................

ad No 132, 2021

s 65ET.......................................

ad No 132, 2021

s 65EU.......................................

ad No 132, 2021

s 65EV.......................................

ad No 132, 2021

s 65EW......................................

ad No 132, 2021

s 65EX.......................................

ad No 132, 2021

Division 6

s 65F..........................................

ad No 132, 2021

s 65FA.......................................

ad No 132, 2021

s 65FB.......................................

ad No 132, 2021

s 65FC.......................................

ad No 132, 2021

s 65FD.......................................

ad No 132, 2021

Division 7

s 65G.........................................

ad No 132, 2021

s 65GA......................................

ad No 132, 2021

s 65GB.......................................

ad No 132, 2021

s 65GC.......................................

ad No 132, 2021

s 65GD......................................

ad No 132, 2021

s 65GE.......................................

ad No 132, 2021

s 65GF.......................................

ad No 132, 2021

s 65GG......................................

ad No 132, 2021

s 65GH......................................

ad No 132, 2021

s 65GI........................................

ad No 132, 2021

s 65GJ........................................

ad No 132, 2021

s 65GK......................................

ad No 132, 2021

Division 8

s 65H.........................................

ad No 132, 2021

s 65HA......................................

ad No 132, 2021

Division 9

s 65J..........................................

ad No 132, 2021

s 65JA........................................

ad No 132, 2021

s 65JB........................................

ad No 132, 2021

s 65JC........................................

ad No 132, 2021

s 65JD........................................

ad No 132, 2021

s 65JE........................................

ad No 132, 2021

Part VII

s 66............................................

am No 21, 1978; No 83, 1978; No 40, 1987; No 132, 2021

s 67A.........................................

ad No 40, 1987

am No 93, 2006

s 67B.........................................

ad No 93, 2006

am No 103, 2013

s 68............................................

am No 18, 1987; No 128, 2007

s 69............................................

am No 112, 2001; No 93, 2006

s 70............................................

am No 40, 1987; No 112, 2001; No 93, 2006; No 128, 2007; No 73, 2008; No 101, 2012

(2BA), (2BB), (2BC) exp 18 Aug 2012 (see s 70(2BD))

am No 103, 2013; No 132, 2021

s 70A.........................................

ad No 128, 2007

s 70B.........................................

ad No 128, 2007

s 70C.........................................

ad No 128, 2007

s 70D.........................................

ad No 128, 2007

s 70E.........................................

ad No 128, 2007

am No 101, 2012 (as am by No 103, 2013); No 132, 2021

s 70F..........................................

ad No 128, 2007

am No 101, 2012; No 132, 2021

s 70G.........................................

ad No 128, 2007

s 70H.........................................

ad No 128, 2007

s 71............................................

am No 125, 2006; No 128, 2007; No 101, 2012

s 73............................................

am No 70, 1978; No 92, 1999; No 128, 2007

s 74............................................

am No 132, 2021

s 74AA......................................

ad No 128, 2007

ed C40

rep No 132, 2021

s 74A.........................................

ad No 16, 1982

am No 72, 1984; No 112, 2001

s 75............................................

am No 132, 2021

s 76............................................

am No 112, 2001; No 93, 2006

rs No 93, 2006

am No 67, 2008; No 188, 2011; No 101, 2012; No 132, 2021

ed C46

s 77............................................

am No 43, 1996; No 112, 2001; No 93, 2006; No 132, 2021

s 77A.........................................

ad No 40, 1987

am No 75, 1987

s 77B.........................................

ad No 40, 1987

am No 5, 2015

s 77C.........................................

ad No 2, 1990

am No 6, 1993; No 67, 2008; No 103, 2013

s 78............................................

am No 93, 2006

Schedule 1

Schedule 1..................................

am No 21, 1978; No 16, 1982; No 93, 1985; No 2, 1990; Statutory Rules 1990 No 282; Statutory Rules 1991 Nos 26, 38, 62, 115, 282, 340 and 396; Statutory Rules 1992 Nos 107, 133 and 369; No 6, 1993; No 66, 1994; Nos 37 and 63, 1995; No 117, 1997; No 1, 1999; No 27, 2000; No 99, 2002; No 67, 2008; No 38, 2010; No 97, 2011; No 93, 2013; No 175, 2015; No 9, 2019; No 27, 2019

ed C43

am No 95, 2024

Schedule 2

Schedule 2..................................

am No 21, 1978; No 189, 1979

Schedule 3

Schedule 3..................................

am No 2, 1990

Schedule 4..................................

ad No 21, 1978

rep No 9, 2019

Schedule 5

Schedule 5..................................

ad No 2, 1990

am No 8, 2005

Schedule 6

Schedule 6..................................

ad No 93, 2006

Schedule 7

Schedule 7..................................

ad No 128, 2007

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