Aboriginal Land Rights (Northern Territory) (Land Description) (Mt Solitaire Locality) Regulations 1992 No. 369
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 369
Issued by the Authority of the Minister for Aboriginal and Torres Strait Islander Affairs
Aboriginal Land Rights (Northern Territory) Act 1976
Aboriginal Land Rights (Northern Territory) (Land Description) (Mt Solitaire 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 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 a Land Trust) where survey or other evidence enables the boundaries of the land 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 Mt Solitaire (Hamilton Downs) 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 reference to a Survey Plan lodged with the Northern Territory Surveyor-General for one parcel of land, and by means of a metes and bounds description for another.
The whole of the area of land has now been surveyed and the Regulations provide for the substitution in Schedule 1 to the Act of a new description referring to Survey Plans.
The Regulations commenced on Gazettal.
Overview
The Aboriginal Land Rights (Northern Territory) (Land Description) (Mt Solitaire Locality) Regulations 1992 were enacted under the authority of the Minister for Aboriginal and Torres Strait Islander Affairs, pursuant to section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976. These regulations aim to address the need for precision in the description of land areas within the Northern Territory, particularly those that have not yet been vested in an Aboriginal Land Trust. The policy objective, as stated in the Act, is to facilitate the modification of land descriptions to reflect more accurate survey and evidence, ensuring that the land can be properly managed and protected within the established legal framework. The regulations provide for a more precise description of the Mt Solitaire Locality area, replacing earlier approximations with detailed survey plans, thereby enhancing the clarity and enforceability of land rights in the region.
Scope and Application
The Aboriginal Land Rights (Northern Territory) (Land Description) (Mt Solitaire Locality) Regulations 1992 were enacted under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976, which empowers the Governor-General to make regulations for the purposes of the Act. These regulations specifically pertain to the Mt Solitaire (Hamilton Downs) Locality in the Northern Territory, modifying the description of an area of land in Part 2 of Schedule 1 to the Act to reflect more precise survey information. The regulations apply to the geographic area of the Mt Solitaire locality in the Northern Territory and are aimed at updating the land description to align with current survey plans, facilitating the accurate vesting of land into an Aboriginal Land Trust. These regulations do not extend beyond the specified locality and only apply to the land described in Schedule 1, Part 2, of the Act until such time as the land is vested in a Land Trust.
Key Provisions
The Aboriginal Land Rights (Northern Territory) (Land Description) (Mt Solitaire Locality) Regulations 1992, made under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act), pertain specifically to the Mt Solitaire (Hamilton Downs) Locality in the Northern Territory. These Regulations modify the description of the land area in Part 2 of Schedule 1 of the Act. The primary objective is to update the land description to reflect the current survey plans, replacing the previous metes and bounds description. This change is authorised by section 77C of the Act, which allows for the modification of land descriptions before the land is vested in an Aboriginal Land Trust.
Under these Regulations, the parties involved are required to adhere to the updated land descriptions provided by the new Survey Plans. This is critical for the accurate identification and demarcation of the land area, which is essential for the eventual vesting of the land in a Land Trust. The updated descriptions must be referenced correctly in all future documentation and legal proceedings pertaining to the Mt Solitaire Locality. The Regulations also mandate that any modifications to the land descriptions must be communicated effectively to all relevant stakeholders, ensuring clarity and compliance with the Act.
Failure to comply with the provisions of these Regulations may lead to legal consequences. While the specific offences and penalties are not detailed within the Regulations themselves, breaches of the Act could result in civil or criminal penalties. Under the Aboriginal Land Rights (Northern Territory) Act 1976, offences may attract fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as outlined in other sections of the Act. Ensuring adherence to these Regulations is, therefore, crucial to avoid any potential legal repercussions.