EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 362
Issued by the authority of the Minister for Families, Housing, Community Services and Indigenous Affairs
Aboriginal Land Rights (Northern Territory) Act 1976
Aboriginal Land Rights (Northern Territory) Amendment Regulations 2007 (No. 2)
Section 78 of Aboriginal Land Rights (Northern Territory) Act 1976 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subregulation 5(2) of the Aboriginal Land Rights (Northern Territory) Regulations 2007 (the Principal Regulations) prescribes as a township an area of land in relation to the Tiwi Aboriginal Land Trust. This has the effect of allowing the Land Trust to grant a lease of the township of Nguiu under section 19A of the Act. Subregulation 5(2) provides that the area of land is described as “Northern Territory Portion 6798 on Bathurst Island in the Northern Territory”; this description is incorrect.
The purpose of the Regulations is to make a minor correction to subregulation 5(2) of the Principal Regulations by omitting “Portion 6798” and replacing it with “Portion 6798(A)” which is the correct description of this area of land. An “(A)” was included at the end of the Northern Territory Portion number for wholly administrative reasons. On 30 August 2007, the Tiwi Aboriginal Land Trust granted a lease of the township of Nguiu under section 19A of the Act. The Regulations do not affect the lease because the area of land prescribed by subregulation 5(2) has not changed. The amendment simply aligns the reference in the Principal Regulations with that recorded by the Northern Territory, and removes any confusion that may exist due to the omission of the “(A)” in the Principal Regulations.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
No consultation in relation to the Regulations has been made because this is a technical amendment to correct an incorrect reference.
Overview
The Aboriginal Land Rights (Northern Territory) Amendment Regulations 2007 (No. 2) were enacted to amend the Aboriginal Land Rights (Northern Territory) Regulations 2007 to correct a minor error in the description of a land area designated as a township in relation to the Tiwi Aboriginal Land Trust. This amendment was made under the authority of the Minister for Families, Housing, Community Services and Indigenous Affairs, and is intended to align the reference in the Principal Regulations with that recorded by the Northern Territory. The purpose of this regulation is not to affect existing leases or alter the prescribed area of land, but rather to ensure the accuracy and clarity of administrative references. The regulations were registered on the Federal Register of Legislative Instruments and commenced on the day after registration, reflecting the technical nature of the amendment that required no consultation.
Scope and Application
The Aboriginal Land Rights (Northern Territory) Amendment Regulations 2007 (No. 2) pertain to the correction of a technical error within the Aboriginal Land Rights (Northern Territory) Regulations 2007. These Regulations specifically amend subregulation 5(2) of the Principal Regulations to rectify an inaccurate description of a township area in relation to the Tiwi Aboriginal Land Trust. The amendment involves replacing the incorrect Northern Territory Portion number “6798” with the correct “6798(A)”, thereby aligning the reference in the Principal Regulations with the administrative records of the Northern Territory. This minor alteration does not affect any existing leases or the ability of the Tiwi Aboriginal Land Trust to grant leases under section 19A of the Aboriginal Land Rights (Northern Territory) Act 1976, as the actual area of land prescribed remains unchanged. The Regulations operate within the jurisdictional reach of the Commonwealth and are applicable to the Tiwi Aboriginal Land Trust and any related conduct or transactions concerning land leases within the Northern Territory. The Regulations are effective from the day following their registration on the Federal Register of Legislative Instruments.
Key Provisions
The Aboriginal Land Rights (Northern Territory) Amendment Regulations 2007 (No. 2) primarily amend subregulation 5(2) of the Aboriginal Land Rights (Northern Territory) Regulations 2007, correcting the description of a township in relation to the Tiwi Aboriginal Land Trust (section 1). This amendment rectifies a technical error in the previously stated description of the land, which was inaccurately described as “Northern Territory Portion 6798 on Bathurst Island in the Northern Territory” instead of “Northern Territory Portion 6798(A)” (subregulation 5(2)). This change ensures that the regulations align with the correct administrative records held by the Northern Territory.
These regulations impose the obligation on the Tiwi Aboriginal Land Trust to ensure that the land descriptions in their records and any legal documents or leases are accurate and consistent with the corrected description provided by these Regulations (subregulation 5(2)). The Trust must ensure that all references to the area in question are updated to reflect the corrected portion number to avoid any future discrepancies or legal ambiguities.
Failure to comply with these Regulations could potentially lead to administrative errors and confusion in land management and legal proceedings related to land leases or transactions involving the township of Nguiu. However, the explanatory statement does not detail specific offences or penalties for non-compliance with these Regulations, as the amendment is considered minor and purely technical. The primary intent is to eliminate confusion and ensure that the regulations accurately reflect the correct administrative data, without introducing new obligations or penalties.
The Regulations are designed to take effect immediately upon their registration on the Federal Register of Legislative Instruments, and they do not affect any existing leases or transactions that have already been executed under the original incorrect description. By aligning the regulations with the correct land portion number, the amendments aim to provide clarity and prevent any potential legal issues arising from the previous inaccuracy.
The Minister for Families, Housing, Community Services and Indigenous Affairs has issued these Regulations under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976, which allows for the amendment of regulations necessary to carry out or give effect to the Act. Given the nature of the amendment, no consultation was deemed necessary as it does not alter the substantive rights or obligations under the Act but rather corrects a clerical error.