Aboriginal Land Rights (Northern
Territory) Amendment Act 1994
No. 66 of 1994
An Act to amend the Aboriginal Land Rights
(Northern Territory) Act 1976
[Assented to 30 May 1994]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Aboriginal Land Rights (Northern Territory) Amendment Act 1994.
(2) In this Act, “Principal Act” means the Aboriginal Land Rights (Northern Territory) Act 19761.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
Schedule 1
3. Schedule 1 to the Principal Act is amended by adding at the end of Part 4 the following:
“Wave Hill Locality
All that parcel of land in the Wave Hill Locality of the Northern Territory of Australia containing an area of 1238 km2 more or less bounded by lines commencing at a point 32134 metres due south of the northeast corner of Northern Territory Portion 2654 (Cattle Creek) thence by lines due east for a distance of 3131.5 metres; due south for a distance of 24534 metres; due west to the intersection of the eastern boundary of Northern Territory Portion 2654; thence due north and due east by the eastern and southern boundaries of Northern Territory Portion 2654 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. 72, 1980; No. 92, 1981; Nos. 16 and 80, 1982; Nos. 63 and 72, 1984; Nos. 65, 93 and 166, 1985; Nos. 18, 40, 75 and 141, 1987; No. 38, 1988; No. 21, 1989; No. 2, 1990; No. 199, 1991; and No. 6, 1993.
[Minister’s second reading speech made in—
House of Representatives on 2 February 1994
Senate on 4 May 1994]
Overview
The Aboriginal Land Rights (Northern Territory) Amendment Act 1994 was enacted to amend the Aboriginal Land Rights (Northern Territory) Act 1976. This legislation was introduced by the Parliament of Australia to address the need for recognising and securing land rights for Aboriginal people in the Northern Territory, specifically by adding a defined locality, Wave Hill, to the areas covered under the Principal Act. The policy objective behind this amendment is to provide clearer legal recognition and protection for Aboriginal land rights, ensuring that Aboriginal people have a more defined and legally enforceable claim to their traditional lands within the Northern Territory. The Act commenced on the day it received Royal Assent, ensuring immediate effect upon its passage through the legislative process.
Scope and Application
The Aboriginal Land Rights (Northern Territory) Amendment Act 1994 applies specifically to the Northern Territory of Australia and serves to amend the Aboriginal Land Rights (Northern Territory) Act 1976. This Act pertains to the legal recognition and rights of Aboriginal peoples in relation to land within the Northern Territory. It applies to individuals who are recognised as Aboriginal peoples under the Principal Act and to the specific geographic area of the Wave Hill Locality, which is designated within the Northern Territory. The Act's purpose is to clarify and enhance the rights of Aboriginal peoples concerning their traditional lands, particularly in the Wave Hill Locality. The geographic reach of this Act is confined to the Northern Territory, thereby affecting only those lands and Aboriginal communities within this jurisdiction. There are no stated exclusions, exemptions, or thresholds within the text of this Act. However, the application and interpretation of the Act may be further defined through subordinate instruments or regulations, which are not explicitly mentioned in the provided excerpt.
Key Provisions
The Aboriginal Land Rights (Northern Territory) Amendment Act 1994 amends the Aboriginal Land Rights (Northern Territory) Act 1976 by adding a new section to Schedule 1, which specifically identifies a parcel of land in the Wave Hill Locality of the Northern Territory (s.3). This addition designates a particular area of land, amounting to approximately 1238 square kilometres, by describing its boundaries with precision. The Act, as it stands, does not introduce any new general provisions beyond this amendment, which focuses on the clarification and definition of land rights in the specified locality.
Under the amended Act, the obligations imposed on the parties or entities it governs include adherence to the newly defined boundaries and the recognition of the land as part of the land rights specified under the Principal Act. This means that any dealings or claims related to land within the Wave Hill Locality must now take into account the specific boundaries outlined in the Act. The amendment aims to provide clarity and certainty regarding the land rights in this area, ensuring that all actions and transactions comply with the legal framework established by the Principal Act.
For breaches of the provisions set out in the Aboriginal Land Rights (Northern Territory) Amendment Act 1994, the penalties and consequences are determined by the overarching laws under which the Principal Act operates. Offences that contravene the land rights as defined by the Aboriginal Land Rights (Northern Territory) Act 1976 may incur civil or criminal penalties. The specific penalties can vary, but under the broader land rights legislation, they may include fines, imprisonment, or both, depending on the nature and severity of the breach. The maximum penalties are not explicitly stated in the Amendment Act itself but are defined within the Principal Act and related legal provisions.