Aboriginal Land Rights (Northern Territory) (Land Description) (Mt Kathleen Locality) Regulations 1991 No. 396
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 396
Aboriginal Land Rights (Northern Territory) (Land Description) (Mt Kathleen 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 3 of Schedule 1 to the Act includes a description of an area of land in the Northern Territory known as the Mt Kathleen (Loves Creek) 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 for one parcel of land and by means of 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 survey plans.
The Regulations will take effect from the date of notification in the Gazette.
Overview
The Aboriginal Land Rights (Northern Territory) (Land Description) (Mt Kathleen Locality) Regulations 1991, enacted under the authority of the Minister of State for Aboriginal Affairs, were introduced to address the need for precise land descriptions within the context of the Aboriginal Land Rights (Northern Territory) Act 1976. This Act aims to provide Aboriginal people in the Northern Territory with the right to land, recognising traditional connections to the land. The Regulations were made under section 78 of the Act, enabling the modification of land descriptions in Schedule 1, specifically targeting the Mt Kathleen (Loves Creek) Locality. This locality had not yet been vested in an Aboriginal Land Trust, and the Regulations were designed to update the land description to reflect more accurate survey data. The policy objective of these Regulations is to ensure that the land descriptions in Schedule 1 are as precise as possible, facilitating the proper administration and management of lands vested in Aboriginal Land Trusts.
Scope and Application
The Aboriginal Land Rights (Northern Territory) (Land Description) (Mt Kathleen Locality) Regulations 1991 were formulated under the auspices of the Aboriginal Land Rights (Northern Territory) Act 1976. They pertain specifically to the Mt Kathleen (Loves Creek) Locality in the Northern Territory, an area of land that has not yet been vested in an Aboriginal Land Trust. These regulations were necessitated by the need to rectify and refine the description of land boundaries for more precise identification, prior to the vesting of such land in a Land Trust. The regulations replace the previous metes and bounds description and diagram with a new description referencing survey plans, thereby enhancing the accuracy of land descriptions within the framework of the Act. The regulations apply solely to the described area in the Northern Territory and will come into effect from the date of their notification in the Gazette.
Key Provisions
The Aboriginal Land Rights (Northern Territory) (Land Description) (Mt Kathleen Locality) Regulations 1991 (the Regulations) establish a new land description for an area in the Northern Territory known as the Mt Kathleen (Loves Creek) Locality, which has not yet been vested in an Aboriginal Land Trust. These Regulations were made under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act), which allows the Governor-General to make regulations for the purposes of the Act. The new description provided in the Regulations replaces the original metes and bounds description and diagram with a more precise survey plan, reflecting the most accurate information available.
The Regulations impose specific obligations on the relevant authorities to ensure that the new land description accurately reflects the surveyed boundaries of the Mt Kathleen Locality. The Act requires that the Governor-General make these Regulations to facilitate the accurate description of land areas within Schedule 1 of the Act, particularly those areas that have not yet been vested in a Land Trust. This ensures that the descriptions are as precise as possible before the land is formally transferred to an Aboriginal Land Trust. The Regulations are a practical application of the Act's provisions, ensuring that the land descriptions are updated to reflect the latest survey information.
Breaching the provisions of the Regulations or failing to comply with the updated land descriptions could lead to various consequences. While the Regulations themselves do not explicitly state the penalties for non-compliance, any breach of the Act could result in civil or criminal penalties. Under the Act, penalties for non-compliance may include fines and other sanctions. The maximum penalties for offences under the Act are set out in the relevant sections of the Act, which can be substantial, depending on the severity of the breach. It is important for all parties involved to adhere to the updated land descriptions to avoid any potential legal repercussions.