Aboriginal Land Grant (Jervis Bay Territory) By-Laws 2016

Administered by Department of the Prime Minister and Cabinet

Legislation au F2016L00619 In force Legislative Instrument

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                                                     EXPLANATORY STATEMENT

                                      Aboriginal Land Grant (Jervis Bay Territory) Act 1986

                                     ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY)

                                                                  BY – LAWS 2016

 

These By-Laws were made by the Wreck Bay Aboriginal Community Council (the Council) under section 52A of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (the Jervis Bay Act). The Council is established by section 4 of the Jervis Bay Act for the purpose of holding title to Aboriginal Land within the Jervis Bay Territory and managing that land for the benefit of the local indigenous community.

For the purposes of the By-Laws, Aboriginal Land is all the land which has been granted to the Council under the Jervis Bay Act but excluding land within the Booderee National Park and the Booderee Botanical Gardens. The effect of this is that the operation of the By-Laws will be confined to the Wreck Bay Village and surrounding land.

Subsection 52A(2) of the Jervis Bay Act empowers the Council to make by-laws for or with respect to: economic enterprise; cultural and other activities including hunting, shooting and fishing; access to Aboriginal Land including the control of visitors and authorisation of activities; management, conservation, development and use of Aboriginal Land; sacred sites; protection and conservation of flora and fauna; use of timber, and the regulation of motor traffic and parking on Aboriginal land. The charging of entrance fees for entry to Aboriginal land is authorised by section 52A(2)(i) of the Jervis Bay Act.

Subsection 52A(3) of the Jervis Bay Act provides that By-Laws made by the Council may apply any regulation made under the Environment Protection and Biodiversity Conservation Act 1999 to Aboriginal Land, with whatever changes are needed for that purpose. Accordingly relevant provisions of the Environment Protection and Biodiversity Regulations (EPBC Regulations) have been applied with adaptations.

Part 1 titles the By-Laws, sets 1 April 2016 as the commencement date and includes as part of the By-Laws a dictionary which defines relevant words and expressions.

The purposes of Parts 2 and 3 of the By-Laws are to protect threatened species and ecological communities and to conserve biodiversity on Aboriginal Land. Relevant provisions of the EPBC Regulations are applied in order to achieve such protection through the establishment of criteria for the listing of native species. Native species, ecological communities and threatening processes can be nominated for inclusion on this list. All nominations for listing are to be sent to the Council before forwarding to the Minister for review. Offences are created for certain actions in relation to protected species.

Part 4 requires the Council, after notification to residents, to develop, introduce and maintain a Town Plan for each Township on Aboriginal Land.

Part 5 regulates various activities in relation to Aboriginal Land and creates a series of general offences for activities which are capable of causing damage to land, heritage or the environment. These activities include the dumping of waste, use of firearms, taking animals or plants onto bushland, use of the burial ground, camping, fishing, lighting fires, capturing images or recording sound in contravention of a Council restriction. Hazardous activities such as abseiling or hang gliding may only be carried out in areas provided for such activities. Entry to any part of Aboriginal Land in contravention of a Council restriction is prohibited and approval is required for the operation of a commercial activity from a structure on Aboriginal Land.

Sections 24, 25, 28, 29, 33, 34, 42, 44, 47, 48, 54, 55, 58 and 68 place an evidential burden on the defendant in respect of exceptions to offences against these sections. These exceptions are matters likely to be peculiarly within the knowledge of the defendant.

Part 5 also regulates the use of vehicles on Aboriginal Land, sets speed limits and authorises the issuing of parking permits by the Council. Signs for controlling traffic may be erected. Wardens or other authorised persons may request a person to produce a permit and may require a vehicle to stop until allowed to proceed. Wardens may require a person found to have committed an offence against the Jervis Bay Act or the By-Laws to leave Aboriginal Land. Fees for entry onto Aboriginal Land can be determined in writing by the Council and entry denied in the case of non-payment. Offence provisions in Part 5 do not apply to activities which are in accordance with a current Management Plan, otherwise approved by the Council, or carried out by a Commonwealth, State or Territory agency for law enforcement purposes.

Part 6 consists of enforcement provisions including the appointment by the Council of wardens who are issued with identity cards. A person whose interests are affected by a decision by the Council in relation to a permit may request a review of that decision by the Council, which must reconsider the decision within one month.

Part 7 regulates the issuing of permits by the Council for authorisation of activities on Aboriginal Land. The purpose of the permits is to assist in the protection of native species and cultural heritage, the prevention of damage to Aboriginal Land and fishing stocks and the maintenance of public safety and privacy.

Part 8 enables the Council to order a person to take action to remedy waste and misuse of water on Aboriginal Land. Misuse of water is an offence against the By-Laws.

Consultation took place prior to the making of these By-Laws with the Executive Members of the Executive Committee of the Council.

Penalties for offences against the By-Laws will be contained in Regulations to be made under subsections 52A (7) and (8) of the Jervis Bay Act.

Statement of Compatibility with Human Rights:- .

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

These By-Laws will commence on 1 April 2016.

 

Overview

The Aboriginal Land Grant (Jervis Bay Territory) Act 1986 was enacted to provide for the grant of land to the Wreck Bay Aboriginal Community Council, which was established to hold title to Aboriginal Land within the Jervis Bay Territory and manage that land for the benefit of the local indigenous community. The Wreck Bay Aboriginal Community Council made these by-laws under the authority conferred by section 52A of the Jervis Bay Act. The by-laws aim to protect threatened species and ecological communities, conserve biodiversity, regulate activities on Aboriginal Land, and manage the use of vehicles and entry fees. The by-laws also establish criteria for the listing of native species and provide for the creation of offences for certain actions in relation to protected species. The Wreck Bay Aboriginal Community Council consulted with the Executive Members of the Executive Committee of the Council prior to the making of these by-laws. Penalties for offences against the by-laws will be contained in Regulations to be made under subsections 52A (7) and (8) of the Jervis Bay Act.

Scope and Application

The Aboriginal Land Grant (Jervis Bay Territory) By-Laws 2016, made under the Jervis Bay Act, apply to the Wreck Bay Aboriginal Community Council which holds title to Aboriginal Land in the Jervis Bay Territory, excluding areas within the Booderee National Park and the Booderee Botanical Gardens. The By-Laws govern economic activities, cultural practices such as hunting and fishing, visitor access, land management, conservation, and the protection of flora and fauna on Aboriginal Land. They also allow the application of certain environmental regulations from the Environment Protection and Biodiversity Conservation Act 1999, with necessary adaptations. These By-Laws aim to protect threatened species and biodiversity, manage urban planning through town plans, regulate activities that could harm the land or environment, and control vehicle use and parking. Offences are created for activities like waste dumping, unauthorised entry, and misuse of water. The By-Laws also establish a permit system for authorised activities, and set out enforcement measures, including the appointment of wardens and the imposition of fines. Importantly, the By-Laws do not engage with any human rights issues as recognised in the Human Rights (Parliamentary Scrutiny) Act 2011. The By-Laws are set to commence on 1 April 2016.

Key Provisions

The Aboriginal Land Grant (Jervis Bay Territory) By-Laws 2016, made by the Wreck Bay Aboriginal Community Council under the Jervis Bay Act, focus on the management and regulation of Aboriginal Land within the Jervis Bay Territory, excluding areas like the Booderee National Park and the Booderee Botanical Gardens. The By-Laws cover a wide array of subjects including economic enterprise, cultural activities, access control, and environmental protection. They allow the Council to implement regulations concerning hunting, fishing, and the management of natural resources, including the listing of native species and ecological communities. The By-Laws also permit the Council to develop a Town Plan for each township on Aboriginal Land and regulate activities that may cause damage to land, heritage, or the environment. The Wreck Bay Aboriginal Community Council is responsible for enforcing these By-Laws, which include provisions for the development and maintenance of a Town Plan, protection of native species and cultural heritage, and the regulation of activities that could harm Aboriginal Land. The Council must also ensure compliance with environmental protection laws and may apply relevant provisions of the Environment Protection and Biodiversity Conservation Act 1999, with necessary adaptations, to Aboriginal Land. Furthermore, the Council has the authority to issue permits for activities on Aboriginal Land, issue parking permits, and appoint wardens to enforce the By-Laws. The By-Laws establish a series of offences and penalties for non-compliance, though specific penalties are to be detailed in regulations made under the Jervis Bay Act. Offences include unauthorised entry to Aboriginal Land, misuse of water, and activities that cause damage to land, heritage, or the environment. Wardens and authorised persons have the authority to request identification, stop vehicles, and require individuals to leave Aboriginal Land if they are found committing an offence. Entry fees can be charged, and non-payment can result in denial of entry. The By-Laws also include provisions for the review of permit-related decisions and the remediation of waste and misuse of water. The By-Laws stipulate various civil and criminal consequences for breaches, including fines and other penalties, which will be specified in regulations under the Jervis Bay Act. The Council has the authority to order individuals to remedy misuse of water, which is itself an offence. The maximum penalties for these offences are yet to be determined but will be outlined in future regulations. Additionally, the By-Laws include provisions for the appointment of wardens and the issuance of identity cards to ensure proper enforcement. These measures are designed to protect Aboriginal Land and its resources, maintain public safety, and uphold the cultural heritage of the local indigenous community.

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Area of Law
Environmental Law
Instrument
By-law / Ordinance
Concepts
Definitions & Interpretation
Enforcement Powers
Offence Provisions
Licensing & Registration

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.