Aboriginal Lands Act 1991 (Vic)
Version No. 005
Aboriginal Lands Act 1991
No. 38 of 1991
Version incorporating amendments as at
1 January 2025
TABLE OF PROVISIONS
Section Page
1Purpose
2Commencement
3Revocation of existing reservations and Crown Grants
4Closure of roads
5Any existing rights extinguished
6Grants to particular organisations
7Restrictions on sale or disposal
7ARestriction on land use ceases to apply to certain land—Aboriginal Land Legislation Amendment Act 2024
7BNative title not affected by the Aboriginal Land Legislation Amendment Act 2024
8Registrar of Titles to make necessary amendments
9No compensation payable by Crown
Schedules
Schedule 1—Land in respect of which reservations and Crown Grants are revoked
Schedule 2—Plan of Coranderrk Mission Cemetery and access road
Schedule 3—Plan of Ebenezer Mission Cemetery
Schedule 4—Plan of Ramahyuck Mission Cemetery and access road
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 005
Aboriginal Lands Act 1991
No. 38 of 1991
Version incorporating amendments as at
1 January 2025
Preamble:
The land shown hatched on the plan in Schedule 2 is temporarily reserved as a site for public purposes (Protection of Aborigines' Graves) under the Crown Land (Reserves) Act 1978 and the land shown cross-hatched on that plan is an access road.
The land shown hatched on the plan in Schedule 3 is permanently reserved for the conservation of area of historic interest under the Crown Land (Reserves) Act 1978.
The land shown hatched on the plan in Schedule 4 is temporarily reserved for the purpose of the use of the Aborigines under the Crown Land (Reserves) Act 1978 and the land shown cross-hatched on that plan is an access road.
In the interests of the Aboriginal people of Victoria it is desirable to authorise the granting by the Crown of the land shown hatched and cross-hatched on the plan in Schedule 2 to the Wurundjeri Tribe Land and Compensation Cultural Heritage Council Incorporated, the land shown hatched on the plan in Schedule 3 to the Goolum Goolum Aboriginal Co-operative Limited and the land shown hatched and cross hatched on the plan in Schedule 4 to the Gippsland & East Gippsland Aboriginal Co-operative Limited.
The Parliament of Victoria therefore enacts as follows:
1Purpose
The purposes of this Act are to—
(a)revoke the reservations of certain lands;
(b)authorise the granting of that land for Aboriginal cultural and burial purposes;
(c)provide for related matters.
2Commencement
This Act comes into operation on the day on which it receives the Royal Assent.
3Revocation of existing reservations and Crown Grants
(1)On receiving survey plans signed by the Surveyor-General of those parts of the lands described in Schedule 1 as are shown hatched on the plan in Schedule 3 and hatched and cross hatched on the plans in Schedules 2 and 4 or those lands as nearly as practicable the Minister may recommend to the Governor in Council that an Order be made revoking the reservations of the lands shown in the plans of survey.
(2)On the Minister's recommendation under subsection (1) the Governor in Council by Order published in the Government Gazette may revoke the reservations of the land described in Schedule 1 to the extent that they apply to the land in the plans of survey.
(3)On the publication in the Government Gazette of an Order under subsection (2)—
(a)the reservations of the land referred to in Schedule 1 are revoked to the extent that they apply to the lands in the plans of survey; and
(b)despite any Act or law to the contrary, the land is deemed to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
4Closure of roads
(1)The Minister may recommend to the Governor in Council that an Order be made in accordance with subsection (4).
(2)If a person holds a fee simple in land abutting the land shown cross-hatched in the plan in Schedule 4, the Minister administering the Crown Land (Reserves) Act 1978 must grant to that person a reasonable right of access to the person's land which will in the Minister's opinion allow that person to use the person's land.
(3)A right of access mentioned in this section may be granted and exercised despite anything to the contrary in any Act or law or in any Crown Grant of the land issued on or after the commencement of this Act.
(4)On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may declare that the roads shown cross-hatched on the Plans in Schedules 2 and 4 are closed.
(5)Subject to subsections (2) and (3) on the publication in the Government Gazette of an Order under subsection (4)—
(a)all rights, easements and privileges existing in or claimed by either the public or any body or person as part of any express or implied grant or past dedication or supposed dedication or by user or by operation or any fiction of law shall cease; and
(b)the land is deemed to be unalienated Crown land.
5Any existing rights extinguished
Subject to section 4 on the publication in the Government Gazette of an Order under section 3 or section 4—
(a)any appointment of any Committee of Management to the extent that it relates to the land to which that Order applies is revoked; and
(b)any licences, leases, rights or permits granted over land to which that Order applies are extinguished; and
(c)the land to which that Order applies is divested from any trustees in which it was previously vested immediately before the publication of the Order.
6Grants to particular organisations
(1)The Governor in Council on behalf of the Crown may grant the land shown hatched and cross-hatched on the plan in Schedule 2 to the Wurundjeri Tribe Land and Compensation Cultural Heritage Council Incorporated for an estate in fee simple.
(2)The Governor in Council on behalf of the Crown may grant the land shown hatched on the plan in Schedule 3 to the Goolum Goolum Aboriginal Co‑operative Limited for an estate in fee simple.
(3)The Governor in Council on behalf of the Crown may grant the land shown hatched and cross hatched on the plan in Schedule 4 to the Gippsland and East Gippsland Aboriginal Co‑operative Limited for an estate in fee simple.
(4)Grants made under this section are subject to any terms, conditions, covenants, exceptions, reservations and limitations (not inconsistent with the conditions required by this section to be included in the grant) that the Governor in Council determines.
(5)Subject to section 7A, each grant under this section must include the condition that the land must be used for Aboriginal cultural and burial purposes.
7Restrictions on sale or disposal
(1)The organisation to which the land shown hatched and cross-hatched on the plan in Schedule 2 has been granted under section 6(1) or any successor-in-law must not sell or otherwise dispose of its interest in fee simple in the land.
(2)The organisation to which the land shown hatched and cross-hatched on the plan in Schedule 3 has been granted under section 6(2) or any successor‑in‑law may sell or otherwise dispose of its interest in fee simple in the land only to a traditional owner within the meaning of the Aboriginal Heritage Act 2006.
(3)The organisation to which the land shown hatched and cross-hatched on the plan in Schedule 4 has been granted under section 6(3) or any successor‑in‑law may sell or otherwise dispose of its interest in fee simple in the land only to a traditional owner within the meaning of the Aboriginal Heritage Act 2006.
7ARestriction on land use ceases to apply to certain land—Aboriginal Land Legislation Amendment Act 2024
(1)On and from the commencement of Part 3 of the Aboriginal Land Legislation Amendment Act 2024, the condition referred to in section 6(5) to which the following grants are subject ceases to apply—
(a)the grant under section 6(2) of land shown hatched on the plan in Schedule 3;
(b)the grant under section 6(3) of land shown hatched and cross-hatched on the plan in Schedule 4.
(2)To avoid doubt, on and from the commencement of Part 3 of the Aboriginal Land Legislation Amendment Act 2024, the grant under section 6(1) of land shown hatched and cross‑hatched on the plan in Schedule 2 continues to be subject to the condition referred to in section 6(5).
7BNative title not affected by the Aboriginal Land Legislation Amendment Act 2024
(1)The amendments made to this Act by Part 3 of the Aboriginal Land Legislation Amendment Act 2024 are not intended to affect native title rights and interests in the following land—
(a)the land shown hatched and cross‑hatched on the plan in Schedule 2;
(b)the land shown hatched on the plan in Schedule 3;
(c)the land shown hatched and cross‑hatched on the plan in Schedule 4.
(2)Subsection (1) does not apply in any case where native title rights and interests are affected or are authorised to be affected by or under the Native Title Act 1993 of the Commonwealth.
(3)In this section—
affect has the same meaning as in the Native Title Act 1993 of the Commonwealth;
native title rights and interests has the same meaning as in the Native Title Act 1993 of the Commonwealth.
8Registrar of Titles to make necessary amendments
(1)The Registrar of Titles must make any amendments in the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Act.
(2)Without limiting subsection (1), the Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act as amended by the Aboriginal Land Legislation Amendment Act 2024.
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9No compensation payable by Crown
No compensation is payable by the Crown in respect of anything done under or arising out of this Act.
SCHEDULES
SCHEDULE 1—LAND IN RESPECT OF WHICH RESERVATIONS AND CROWN GRANTS ARE REVOKED
SCHEDULE 2—PLAN OF CORANDERRK MISSION CEMETERY AND ACCESS ROAD
SCHEDULE 3—PLAN OF EBENEZER MISSION CEMETERY
SCHEDULE 4—PLAN OF RAMAHYUCK MISSION CEMETERY AND ACCESS ROAD
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 8 May 1991
Legislative Council: 5 June 1991
The long title for the Bill for this Act was "A Bill to revoke the reservations and Crown Grants of certain lands and to authorise the grant of those lands to particular Aboriginal Organisations and for other purposes.".
The Aboriginal Lands Act 1991 was assented to on 18 June 1991 and came into operation on 18 June 1991: section 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Aboriginal Lands Act 1991 by Acts and subordinate instruments.
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Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 1) on 1.1.99: s. 2(3) CurrentState: This information relates only to the provisions amending the Aboriginal Lands Act 1991
Aboriginal Land Legislation Amendment Act 2024, No. 29/2024
Assent Date: 3.9.24 Commencement Date: Ss 31–35 on 1.1.25: Special Gazette (No. 671) 3.12.24 p. 1 CurrentState: This information relates only to the provision/s amending the Aboriginal Lands Act 1991
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3 Explanatory details
No entries at date of publication.
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