EXPLANATORY STATEMENT
Select Legislative Instrument 2008 No. 208
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 2008 (No. 1)
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.
Section 19A of the Act provides, in part, that a Land Trust may grant a lease of a township to an approved entity. Township is defined in section 3 of the Act as having the meaning given by section 3AB. Subsection 3AB(3) of the Act provides that the regulations may prescribe an area of land in relation to a Land Trust as a township.
The purpose of the Regulations is to prescribe certain parcels of land on Groote Eylandt (Angurugu and Umbakumba) and Bickerton Island (Milyakburra) totalling approximately 974 hectares as a single township in relation to the Anindilyakwa Land Trust.
The Regulations will enable the Anindilyakwa Land Trust to lease the township under section 19A of the Act.
Details of the Regulations are outlined in the Attachment.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
The area of land prescribed has been the subject of lengthy negotiations between the Department of Families, Housing Community Services and Indigenous Affairs on behalf of the Australian Government and a negotiation team nominated by the Anindilyakwa Land Council. In addition, a lease pursuant to section 19A cannot be granted until the relevant Land Council has complied with the consultation requirement of section 19A(2) of the Act.
On 20 May 2008, the parties signed a letter of intent to execute a 40 year (with a 40 year option) township lease as part of a Regional Partnership Agreement (RPA). The RPA provides approximately $25 million of benefits. Some elements, especially the new housing commitment, are dependent upon the grant of the township lease.
ATTACHMENT
Details of the Aboriginal Land Rights (Northern Territory) Amendment Regulations 2008 (No. 1)
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Aboriginal Land Rights (Northern Territory) Regulations 2008 (No. 1).
Regulation 2 – Commencement
This regulation provides for the Regulations to commence on the day after they are registered on the Federal Register of Legislative Instruments.
Regulation 3 – Amendment of Aboriginal Land Rights (Northern Territory) Regulations 2007
This regulation provides that Schedule 1 amends the Aboriginal Land Rights (Northern Territory) Regulations 2007 (the Principal Regulations).
Schedule 1 – Item 1
This item inserts a new regulation 6 into the Principal Regulations which prescribes 3 parcels of land as a township in relation to the Anindilyakwa Land Trust pursuant to subsection 3AB (3) of the Act. The three parcels prescribed in the table become, for the purposes of the Act, a single township in relation to the Anindilyakwa Land Trust.
Schedule 1 – Item 2
This item re-numbers existing regulation 6 of the Principal Regulations as a consequence of the insertion of a new regulation 6 by Item 1 above and to provide for anticipated future amendments to the Principal Regulations.
Overview
The Aboriginal Land Rights (Northern Territory) Amendment Regulations 2008 (No. 1) were enacted to address the need for the Anindilyakwa Land Trust to be able to lease specific parcels of land for township development on Groote Eylandt (Angurugu and Umbakumba) and Bickerton Island (Milyakburra). These regulations were introduced under the authority of the Minister for Families, Housing, Community Services and Indigenous Affairs and are a legislative instrument for the purposes of the Legislative Instruments Act 2003. They were made under Section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976, which allows the Governor-General to make regulations that are necessary or convenient for carrying out or giving effect to the Act. The primary objective of these regulations is to facilitate the leasing of a prescribed area of land as a single township, enabling the Anindilyakwa Land Trust to proceed with the development under Section 19A of the Act. The regulations came into effect on the day after they were registered on the Federal Register of Legislative Instruments, following lengthy negotiations between the Department of Families, Housing, Community Services and Indigenous Affairs and the Anindilyakwa Land Council. The commencement of a lease under these regulations is also contingent on the Land Council complying with the consultation requirements stipulated in Section 19A(2) of the Act.
Scope and Application
The Aboriginal Land Rights (Northern Territory) Amendment Regulations 2008 (No. 1) applies to the Aboriginal Land Rights (Northern Territory) Act 1976 and pertains specifically to the Anindilyakwa Land Trust, allowing for the prescription of certain areas as a township. This legislative instrument was issued under the authority of the Minister for Families, Housing, Community Services and Indigenous Affairs and is designed to facilitate the leasing of townships by Land Trusts. The Regulations prescribe certain parcels of land on Groote Eylandt and Bickerton Island as a single township in relation to the Anindilyakwa Land Trust, enabling the Trust to lease this area under Section 19A of the Act. The Regulations came into effect the day after their registration on the Federal Register of Legislative Instruments and are applicable within the Commonwealth jurisdiction. It is notable that the grant of a lease under Section 19A is contingent upon the relevant Land Council fulfilling the consultation requirements stipulated in Section 19A(2) of the Act. These Regulations are subordinate instruments that extend the application of the primary Act by specifically defining what land areas are recognised as townships for the purpose of leasing under the Act.
Key Provisions
The main operative sections of the Aboriginal Land Rights (Northern Territory) Amendment Regulations 2008 (No. 1) are Regulation 3 and Schedule 1, which together prescribe specific parcels of land on Groote Eylandt (Angurugu and Umbakumba) and Bickerton Island (Milyakburra) as a single township for the purposes of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act). This prescribed township, totalling approximately 974 hectares, will enable the Anindilyakwa Land Trust to lease it under section 19A of the Act. The Regulations were made under section 78 of the Act, and they are not inconsistent with the Act, as required by section 19A(3) of the Act.
The Act imposes several obligations and requirements on the parties involved. Firstly, the Anindilyakwa Land Trust must ensure that any lease of the township is granted in accordance with section 19A of the Act. This includes fulfilling the consultation requirement of section 19A(2), which mandates that the relevant Land Council must consult with the Anindilyakwa Land Council before granting a lease. Additionally, the Regulations themselves require the Land Trust to comply with the provisions outlined in Schedule 1, specifically the prescribed township definition and the leasing requirements.
The Regulations do not explicitly outline specific offences, penalties, or consequences for breach within the text provided. However, the Act and the Regulations are subject to general legal principles and other applicable laws. If the Anindilyakwa Land Trust or any other party fails to comply with the obligations and requirements imposed by the Regulations, they may face legal consequences under the Act or other relevant legislation. These consequences could include legal action, fines, or other penalties as determined by a court or relevant authority. The maximum penalties for breaches of the Act are not specified in the provided text but would typically be determined based on the nature and severity of the breach, as well as any relevant provisions within the Act or other applicable laws.