Aboriginal Land Rights (Northern Territory) Amendment Act 1995
No. 37 of 1995
An Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976
[Assented to 12 April 1995]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Aboriginal Land Rights (Northern Territory) Amendment Act 1995.
(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 inserting after the description of the land under the heading EVA VALLEY in Part 4:
"HODGSON DOWNS
Pastoral lease number 613—known as Hodgson Downs containing an area of approximately 3,232 square kilometres and being more particularly described as Northern Territory portion 671 in the Northern Territory Crown Lands Lease Register Book—Volume 044 Folio 048 excluding the Hodgson River road and the Miniyeri Community access road and the land on either side of each of those roads to a distance of 50 metres from the centre lines of the roads concerned.".
NOTE
1. No. 191, 1976, as amended. For previous amendments, see Nos. 21, 70 and 83, 1978; No. 189, 1979 (as amended by No. 16, 1982); No. 72, 1980; No. 92, 1981; No. 16, 1982 (as amended by No. 80, 1982), No. 80, 1982; No. 63, 1984 (as amended by No. 165, 1984); No. 72, 1984; Nos. 65, 93 and 166, 1985; No. 18, 1987 (as amended by No. 38, 1988); No. 40, 1987 (as amended by No. 2, 1990); No. 75, 1987 (as amended by No. 2, 1990); No. 141, 1987; Nos. 21 and 150, 1989; No. 2, 1990; No. 199, 1991; SR133 and 369, 1992; No. 6, 1993; and No. 66, 1994.
[Minister's second reading speech made in—
Senate on 7 December 1994
House of Representatives on 30 March 1995]
Overview
The Aboriginal Land Rights (Northern Territory) Amendment Act 1995 was enacted by the Parliament of Australia to address the need for the recognition of additional land rights within the Northern Territory, thereby extending the scope of the Aboriginal Land Rights (Northern Territory) Act 1976. This Act specifically aims to amend the Principal Act by adding the Hodgson Downs pastoral lease to the list of recognised Aboriginal land, ensuring that the land rights of Aboriginal people in the region are acknowledged and legally protected. The policy objective of this legislation is to formalise the land rights of Aboriginal people, providing them with a recognised legal status for the land in question and facilitating better protection of their cultural and traditional interests.
Scope and Application
The Aboriginal Land Rights (Northern Territory) Amendment Act 1995 applies to the amendment of the Aboriginal Land Rights (Northern Territory) Act 1976, focusing on the recognition and rights of Aboriginal land in the Northern Territory of Australia. The Act specifically applies to the Hodgson Downs pastoral lease, adding it to the list of recognised Aboriginal land within the territory. It is applicable to the Northern Territory and operates within the jurisdiction of the Commonwealth of Australia, influencing land rights and management within the state. The Act does not explicitly state any exclusions, exemptions, or thresholds, but its application and enforcement are likely to be guided by the provisions and interpretations of the Principal Act and potentially subordinate instruments or regulations that might be enacted to provide further detail on the implementation of these land rights. The amendment to the Principal Act through this legislation highlights the ongoing evolution of land rights legislation in Australia, aiming to formalise and protect Aboriginal land rights within the specified jurisdictional and geographic boundaries.
Key Provisions
The Aboriginal Land Rights (Northern Territory) Amendment Act 1995 (Act) primarily serves to amend the Aboriginal Land Rights (Northern Territory) Act 1976 (Principal Act) by incorporating a new description of land under Part 4 of Schedule 1 of the Principal Act. Specifically, it adds "HODGSON DOWNS" (section 3), detailing its location, area, and exclusions around specified roads. The Act comes into force on the day of receiving Royal Assent (section 2).
Entities and individuals governed by the Principal Act must now recognise the newly defined boundaries and exclusions of the Hodgson Downs land, as set out in Schedule 1 of the Act. This amendment imposes an obligation on them to ensure their activities comply with the updated land description and any associated restrictions, particularly in relation to the roads and their surrounding areas.
The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, any non-compliance with the land rights and boundaries established by the Principal Act, including the amendments introduced by this Act, could potentially lead to legal actions under the broader framework of the Principal Act. Such actions could include injunctions, damages, or other remedies available under the Principal Act or related legislation. The maximum penalties for breaches would be as stipulated in the Principal Act itself, which could encompass fines and other civil or criminal sanctions depending on the nature and severity of the breach.