Aboriginal Land Rights (Northern Territory) Amendment Act 1985
No. 93 of 1985
An Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976
[Assented to 2 September 1985]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Aboriginal Land Rights (Northern Territory) Amendment Act 1985.
(2) The Aboriginal Land Rights (Northern Territory) Act 19761 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Recommendations for grants of Crown land described in Schedule 1
3. Section 10 of the Principal Act is amended by adding at the end the following sub-section:
“(4) For the purposes of this section, any estate or interest in the area of land described in Schedule 1 under the heading ‘Uluru’ that is held by the Director shall be taken to be an estate or interest held by the Crown in right of the Commonwealth.”.
Grants of land to Land Trusts
4. Section 12 of the Principal Act is amended by inserting after sub-section (2b) the following sub-section:
“(2c) The delivery of a deed of grant under this section in respect of any land in the area of 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 the National Parks and Wildlife Conservation Act 1975”.
Dealings, &c., with interests in land by Land Trusts
5. Section 19 of the Principal Act is amended by inserting in sub-section (1a) “or (2c)” after “sub-section 12 (2b)”.
Amendment of Schedule 1
6. Schedule 1 to the Principal Act is amended by inserting after the description of land under the heading “SANTA TERESA” the description of land set out in the Schedule to this Act.
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SCHEDULE Section 6
ULURU
All that piece of land in the Northern Territory of Australia containing an area of 132,566 hectares more or less: Commencing at the intersection of the parallel of latitude 25 degrees 16 minutes south with the prolongation north of the eastern boundary of the Petermann Aboriginal Reserve, then south along that prolongation to the parallel of latitude 25 degrees 25 minutes south, then west along that parallel to the meridian of longitude 130 degrees 40 minutes east, then north along that meridian to the parallel of latitude 25 degrees 4 minutes 54 seconds south, then south easterly to a point of latitude 25 degrees 7 minutes 24 seconds south and longitude 130 degrees 45 minutes east, then south along that meridian to the parallel of latitude 25 degrees 16 minutes south, then east along that parallel to the point of commencement.
NOTE
1. No. 191, 1976, as amended. For previous amendments, see Nos. 21, 83 and 70, 1978; No. 189, 1979; No. 12, 1980; No. 92, 1981; Nos. 16 and 80, 1982; and Nos. 63 and 72, 1984.
[Minister’s second reading speech made in—
House of Representatives on 9 May 1985
Senate on 22 May 1985]
Overview
The Aboriginal Land Rights (Northern Territory) Amendment Act 1985 was enacted to amend the Aboriginal Land Rights (Northern Territory) Act 1976 and address certain land management issues, particularly in relation to the Uluru area. This Act was assented to on 2 September 1985 by the Queen, with the assent being given by the Senate and the House of Representatives of the Commonwealth of Australia. The primary objective of this amendment was to ensure that land management practices in the Uluru area align with national conservation objectives under the National Parks and Wildlife Conservation Act 1975. The Act provides for the specific management of land interests in the Uluru area, ensuring that the land is held and managed in a way that facilitates its conservation and cultural significance.
Scope and Application
The Aboriginal Land Rights (Northern Territory) Amendment Act 1985 is a legislative amendment to the Aboriginal Land Rights (Northern Territory) Act 1976, providing specific alterations to the handling of land grants and interests within the Northern Territory, particularly in relation to the Uluru area. This Act applies to any estates or interests in land held by the Director, which are treated as if held by the Crown in right of the Commonwealth. It affects the transactions and conduct of land grants and leases by Land Trusts, specifically those in the Uluru area, requiring the Land Council to enter into agreements with the Director for the purpose of leasing land to the Director for national park conservation under the National Parks and Wildlife Conservation Act 1975. The amendments also extend to the dealings with interests in land by Land Trusts, as specified in the Act. This legislation has a jurisdictional reach limited to the Northern Territory and does not explicitly state exclusions, exemptions, or thresholds but rather modifies existing provisions within the Principal Act.
Key Provisions
The Aboriginal Land Rights (Northern Territory) Amendment Act 1985 amends the Aboriginal Land Rights (Northern Territory) Act 1976, primarily to address land rights concerning the Uluru area. Section 10 of the Principal Act is amended by adding subsection (4), which specifies that any estate or interest in the Uluru area held by the Director is considered to be held by the Crown in right of the Commonwealth (section 10(4)). Furthermore, section 12 of the Principal Act is amended by inserting subsection (2c), which conditions the delivery of a deed of grant for land in the Uluru area on the Land Council entering into an agreement with the Director for the Director to hold the land for purposes under the National Parks and Wildlife Conservation Act 1975 (section 12(2c)). Section 19 is also amended by inserting a reference to subsection (2c) in subsection (1a) (section 19(1a)).
The Act imposes specific obligations on the Land Council and the Director. The Land Council must enter into an agreement with the Director to allow the Director to hold land in the Uluru area for national park purposes. This agreement must detail the terms and conditions of the lease to be granted to the Director by the relevant Land Trust (section 12(2c)). The Director, in turn, must comply with the conditions set out in the agreement, ensuring the land is held appropriately for the purposes of the National Parks and Wildlife Conservation Act 1975 (section 12(2c)).
Failure to comply with the conditions set out in the agreement may result in legal consequences. While the Act does not explicitly state penalties for non-compliance, breaches of conditions in deeds of grant and agreements can potentially lead to legal action under the general provisions of the Principal Act or related legislation. These actions may include injunctions, declarations, or other remedies to enforce compliance. Furthermore, the Director could face administrative or disciplinary action if found to be in breach of the agreement terms, which could impact their ability to manage national park lands effectively.