EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 145
Aboriginal Land Rights (Northern Territory) Act 1976
Aboriginal Land Rights (Northern Territory) Amendment Regulations 2011 (No. 1)
Section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act) provides, in part, 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 3AB defines townships, in relation to a Land Trust, for the purposes of the Act. In particular, subsection 3AB(3) of the Act defines townships to include an area of land that is prescribed by the regulations, for the purposes of subsection 3AB(3), in relation to the applicable Land Trust only.
A township lease is being negotiated between the Commonwealth and the Tiwi Land Council on behalf of the relevant Land Trust, under section 19A of the Act. Subsection 19A(4) of the Act provides that the lease term can range from 40 to 99 years. It is proposed that the Executive Director of Township Leasing will enter into the lease on behalf of the Commonwealth and then administer the lease in accordance with the terms and conditions of that lease.
This amendment to the Aboriginal Land Rights (Northern Territory) Regulations 2007 (the Principal Regulations) prescribes a single township encompassing Wurankuwu on Bathurst Island in the Northern Territory and Milikapiti on Melville Island in the Northern Territory, in relation to the Tiwi Aboriginal Land Trust.
Details of the regulations are provided in the Attachment.
The Act does not specify conditions that need to be satisfied before the power to make the regulations may be exercised.
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.
Consultations have been undertaken in relation to the township lease which will be facilitated by these regulations. In particular, the Tiwi Land Council has agreed in principle to the grant of a lease over the township. In accordance with subsection 19A(2) of the Act the Tiwi Land Council has consulted with the traditional Aboriginal owners and other Aboriginal people with an interest in the land.
Authority: Section 78 of the Aboriginal
Land Rights (Northern Territory) Act 1976
ATTACHMENT
Details of the Aboriginal Land Rights (Northern Territory) Amendment Regulations 2011 (No. 1)
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Aboriginal Land Rights (Northern Territory) Amendment Regulations 2011 (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 Principal Regulations.
Schedule 1
This Schedule inserts new regulation 5A after existing regulation 5 to the Principal Regulations. The new regulation provides that two parcels of land are prescribed as a single township in relation to the Tiwi Aboriginal Land Trust.
These are:
- the area known as Wurankuwu, a parcel of land on Bathurst Island, that is 840 hectares (more or less) being Northern Territory Portion 7086(A), delineated on Survey Plan S2010/229; and
- the area known as Milikapiti, a parcel of land on Melville Island, that is 544.4 hectares (more or less) being Northern Territory Portion 7087(A), delineated on Survey Plan S2010/230.
Overview
The Aboriginal Land Rights (Northern Territory) Amendment Regulations 2011 (No. 1) were introduced to address the need to facilitate the negotiation and administration of a township lease between the Commonwealth and the Tiwi Land Council on behalf of the Tiwi Aboriginal Land Trust. Enacted under Section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976, these regulations aim to define specific areas of land as townships for the purposes of the Act. The policy objective of these regulations is to enable the formalisation of a lease over the townships of Wurankuwu on Bathurst Island and Milikapiti on Melville Island, thereby providing a legal framework for the administration of these areas. The regulations were developed following consultations with the Tiwi Land Council and traditional Aboriginal owners, as required by subsection 19A(2) of the Act. The regulations commence on the day after their registration on the Federal Register of Legislative Instruments.
Scope and Application
The Aboriginal Land Rights (Northern Territory) Amendment Regulations 2011 (No. 1) are a legislative instrument made under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976, which grants the power to make regulations necessary for the Act's implementation. These regulations specifically define townships in relation to the Tiwi Aboriginal Land Trust by prescribing two parcels of land as a single township. The areas include Wurankuwu on Bathurst Island, encompassing approximately 840 hectares, and Milikapiti on Melville Island, covering around 544.4 hectares. These regulations apply within the jurisdiction of the Northern Territory and are intended to facilitate the negotiation and administration of a township lease between the Commonwealth and the Tiwi Land Council. The lease term, which can range from 40 to 99 years as outlined in section 19A(4) of the Act, will be managed by the Executive Director of Township Leasing. The regulations take effect from the day after their registration on the Federal Register of Legislative Instruments, and consultations have been undertaken with the Tiwi Land Council and traditional Aboriginal owners to gain agreement on the proposed lease.
Key Provisions
The Aboriginal Land Rights (Northern Territory) Amendment Regulations 2011 (No. 1) (the Regulations) amend the Aboriginal Land Rights (Northern Territory) Regulations 2007 (the Principal Regulations). Specifically, the Regulations introduce new regulation 5A (Schedule 1) which prescribes two parcels of land as a single township in relation to the Tiwi Aboriginal Land Trust. Regulation 1 provides that the title of the Regulations is the Aboriginal Land Rights (Northern Territory) Amendment Regulations 2011 (No. 1). Regulation 2 stipulates that the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments. Regulation 3 specifies that Schedule 1 amends the Principal Regulations. The prescribed township encompasses Wurankuwu on Bathurst Island, an area of 840 hectares, and Milikapiti on Melville Island, an area of 544.4 hectares.
The Regulations impose specific obligations on the parties involved in the negotiation and administration of the township lease. Under section 19A of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act), the Executive Director of Township Leasing is responsible for entering into the lease on behalf of the Commonwealth and administering the lease in accordance with its terms and conditions. The Tiwi Land Council, on behalf of the Tiwi Aboriginal Land Trust, has a role in consulting with traditional Aboriginal owners and other Aboriginal people with an interest in the land, as required by subsection 19A(2) of the Act. The Tiwi Land Council has also agreed in principle to the grant of the lease, thereby fulfilling its obligations under the Act. The Act does not specify conditions that need to be satisfied before the power to make these regulations can be exercised.
Failure to comply with the terms and conditions of the lease or with the obligations imposed by the Act and the Regulations may result in legal consequences. However, the Explanatory Statement does not specify the exact nature of these consequences, including any potential offences, penalties, or civil or criminal actions. It is important for the parties involved to adhere to the terms of the lease and the obligations set out in the Act and Regulations to avoid any adverse outcomes. As the specific penalties are not detailed in the Explanatory Statement, it would be prudent for the practising lawyer to refer to the Act and Regulations for any such details.