Aboriginal Land Rights (Northern Territory) (Land Description) (Birdum (Jommet Block) Locality) Regulations 1991 No. 340
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 340
Aboriginal Land Rights (Northern Territory) (Land Description) (Birdum (Jommet Block) Locality) Regulations
Issued by the Authority of the Minister of State for Aboriginal Affairs
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 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 2 of Schedule 1 to the Act includes a description of an area of land in the Northern Territory known as the Birdum (Jammer Block) 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 metes and bounds description.
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 survey plans.
The Regulations will take effect from the date of notification in the Gazette.
Overview
The Aboriginal Land Rights (Northern Territory) (Land Description) (Birdum (Jommet Block) Locality) Regulations 1991 were enacted to amend the description of land in the Birdum (Jommet Block) Locality within the Northern Territory, as outlined in the Aboriginal Land Rights (Northern Territory) Act 1976. These regulations were introduced to rectify and provide a more precise description of the land in question, prior to its vesting in an Aboriginal Land Trust. Authorised by the Minister of State for Aboriginal Affairs, these regulations were made under section 78 of the Act, which empowers the Governor-General to create regulations for the purposes of the Act. The primary objective of these regulations is to allow for the modification of land descriptions, ensuring accuracy and precision in the documentation of land boundaries, thereby facilitating the vesting of land in Aboriginal Land Trusts.
Scope and Application
The Aboriginal Land Rights (Northern Territory) (Land Description) (Birdum (Jommet Block) Locality) Regulations 1991 apply specifically to the Birdum (Jommet Block) Locality within the Northern Territory and are made under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976. These regulations are instrumental in modifying the description of a specific area of land in Part 2 of Schedule 1 to the Act, facilitating the substitution of a new description that refers to survey plans. This modification is permissible only for areas that have not yet been vested in an Aboriginal Land Trust, thereby enabling more precise land descriptions prior to the vesting process. The Regulations are geographically confined to the Northern Territory and are issued by the authority of the Minister of State for Aboriginal Affairs. Any exclusions or exemptions are not specified in the explanatory statement, but the application of the regulations is restricted to the described locality and its prescribed modifications.
Key Provisions
The Aboriginal Land Rights (Northern Territory) (Land Description) (Birdum (Jommet Block) Locality) Regulations 1991 (No. 340) amend the description of a specified area of land, known as the Birdum (Jommet Block) Locality, within Schedule 1 to the Aboriginal Land Rights (Northern Territory) Act 1976. Specifically, Section 1 of the Regulations provides for the substitution of the metes and bounds description of the land with a description based on survey plans. This modification is necessary to more accurately describe the boundaries of the land prior to it being vested in an Aboriginal Land Trust, in accordance with Section 77C of the Act. This section empowers the Minister to amend the description of land in Schedule 1 to correct any inaccuracies identified through surveying or other reliable evidence.
Entities and parties governed by these Regulations are required to adhere to the new descriptions provided, which are more precise and reflect the updated survey data. The primary obligation imposed by these Regulations is the accurate recording and referencing of the Birdum (Jommet Block) Locality in official documents and legal proceedings. This ensures that all future dealings with the land are based on the most current and accurate information available, facilitating clear and lawful transactions. The Regulations also impose a duty on relevant authorities to update their records to reflect the changes, ensuring consistency and accuracy in land management and administration.
Failure to comply with these Regulations could result in legal consequences. While the Regulations themselves do not explicitly detail specific offences or penalties, breaches of land description requirements under the Aboriginal Land Rights (Northern Territory) Act 1976 could potentially lead to civil or administrative penalties. These could include fines, corrective orders, or other remedies aimed at ensuring compliance with the Act’s provisions. The precise penalties would depend on the context and severity of the breach, as well as any additional provisions or regulations that may apply. However, the overarching intent is to maintain the integrity and accuracy of land descriptions for the benefit of all stakeholders involved.