Aboriginal Land Rights (Northern Territory) (Land Description) (16 Mile (Bond Springs) Locality) Regulations 1992 No. 133
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 133
Issued by the Authority of the Minister of State for Aboriginal and Torres Strait Islander Affairs
Aboriginal Land Rights (Northern Territory) Act 1976
Aboriginal Land Rights (Northern Territory) (Land Description) (16 Mile (Bond Springs) Locality) Regulations
These Regulations were made under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act) which provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 4(1) of the Act provides for the establishment of Aboriginal Land Trusts, to hold Crown land as described in Schedule 1 to the Act. Schedule 1 consists of Parts 1 to 3.
Section 77C of the Act permits the description of an area of land in Part 2 or 3 of Schedule 1 to be modified by the regulations. The power to modify in respect of a given description ceases when the land is vested in a Land Trust. Section 77C was included in the Act to allow for minor correction of descriptions of the land (prior to the vesting of that land in an Aboriginal Land Trust) where survey or other evidence enables the boundaries of the land included in Part 2 or 3 of Schedule 1 to be described with a greater degree of precision.
Part 3 of Schedule 1 to the Act includes a description of an area of land in the Northern Territory known as the 16 Mile (Bond Springs) Locality. This area of land has not yet been vested in a Land Trust. The area concerned was originally described in Schedule 1 to the Act as accurately as possible by means of a technical description for one parcel of land and by reference to a diagram for another.
The area of land has now been surveyed and the Regulations provided for the substitution in Schedule 1 to the Act of a new description referring to a survey plan.
The Regulations commenced on gazettal.
Overview
The Aboriginal Land Rights (Northern Territory) (Land Description) (16 Mile (Bond Springs) Locality) Regulations 1992 were introduced to provide a more precise description of a specific area of land in the Northern Territory, previously described in Schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976. This piece of legislation was enacted to address the need for an updated and accurate land description, which would facilitate the future vesting of this land in an Aboriginal Land Trust. The regulations were made under section 78 of the Act, allowing the Governor-General to make rules for the purposes of the Act. The policy objective of these regulations is to correct and clarify the land description to reflect the most accurate survey information available, ensuring the integrity of the land title and its future administration.
These regulations were issued by the authority of the Minister of State for Aboriginal and Torres Strait Islander Affairs, in line with section 77C of the Aboriginal Land Rights (Northern Territory) Act 1976, which permits modifications to land descriptions in Schedule 1 before the land is vested in a Land Trust. The authority to modify descriptions ceases once the land is vested, highlighting the importance of these regulations in providing a more precise land description before vesting occurs. The modifications were made to reflect the surveyed boundaries of the land, enhancing the accuracy and reliability of the land title for future purposes.
Scope and Application
The Aboriginal Land Rights (Northern Territory) (Land Description) (16 Mile (Bond Springs) Locality) Regulations 1992 No. 133 apply specifically to the 16 Mile (Bond Springs) Locality in the Northern Territory, modifying the description of land that was originally included in Part 3 of Schedule 1 to the Aboriginal Land Rights (Northern Territory) Act 1976. This regulation was made under section 78 of the Act, which allows the Governor-General to establish regulations to give effect to the provisions of the Act. The purpose of these regulations is to update the land description with a more precise survey plan, ensuring that the boundaries of the land can be accurately identified before it is vested in an Aboriginal Land Trust. The regulation commenced on gazettal, thereby immediately applying the updated land description to the specified locality. These regulations do not extend beyond the 16 Mile (Bond Springs) Locality, and their scope is limited to the modification of land descriptions within the Northern Territory, as specified in the Act.
Key Provisions
The Aboriginal Land Rights (Northern Territory) (Land Description) (16 Mile (Bond Springs) Locality) Regulations 1992 (No. 133) modify the description of the 16 Mile (Bond Springs) Locality in the Northern Territory, originally included in Part 3 of Schedule 1 to the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act). These modifications are made under section 78 of the Act, which allows for the creation of regulations for the purposes of the Act, and specifically under section 77C, which enables adjustments to land descriptions before they are vested in an Aboriginal Land Trust. The new description provided in the Regulations refers to a survey plan, replacing the original technical description and diagram, which were used to describe the land as accurately as possible prior to the survey.
These Regulations impose specific obligations on the parties involved, particularly in relation to the accurate description and mapping of land areas intended for inclusion in Aboriginal Land Trusts. Before the land is vested in such a Trust, it is essential to provide an accurate and updated description that reflects the current survey data. This ensures that the legal framework governing the land rights is precise and up-to-date, facilitating smoother administration and management of the land in question. The modifications made by these Regulations are intended to correct any inaccuracies in the original descriptions, thereby ensuring that the land boundaries are clearly and accurately defined.
The Regulations do not explicitly state any offences, penalties, or consequences for breaches of their provisions. However, under the overarching Aboriginal Land Rights (Northern Territory) Act 1976, there are provisions that deal with breaches and non-compliance. Generally, any failure to comply with the requirements of the Act, including the regulations made under it, could result in civil or criminal penalties. These may include fines or imprisonment, depending on the severity of the breach and the specific provisions of the Act that are contravened. The maximum penalties are dictated by the relevant sections of the Act and can vary significantly based on the nature and impact of the non-compliance.