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

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

No. 112, 2000

AboriginalLand Rights (Northern Territory) Amendment Act (No. 3) 2000

No. 112, 2000

An Act to amend the AboriginalLand Rights (Northern Territory) Act 1976, and for related purposes

Contents

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

No. 112, 2000

An Act to amend the AboriginalLand Rights (Northern Territory) Act 1976, and for related purposes

[Assented to 5 September 2000]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the AboriginalLand Rights (Northern Territory) Amendment Act (No. 3) 2000.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Former public roads

AboriginalLand Rights (Northern Territory) Act 1976

1

Subsection 11(1AF)

Omit all the words and paragraphs from and including “but for the existence” to and including “the Minister may”, substitute “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”.

Note: The heading to section 11 is replaced by the heading “Recommendations for grants of Crown land other than Schedule 1 land and former public roads”.

2

After section 11A

Insert:

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.

3

Subsection 12(1)

Omit “section 10 or 11”, substitute “section 10, 11 or 11B”.

4

Paragraph 12(1)(a)

Omit “or section 11”, substitute “, section 11 or 11B”.

5

After subsection 12(3A)

Insert:

1. (3B)

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

[Minister’s second reading speech made in—

House of Representatives on 1 June 2000

Senate on 14 August 2000]

(55/00)