Aboriginal Land Rights (Northern Territory) (Land Description) Regulations 1991 No. 62
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 62
Aboriginal Land Rights (Northern Territory) (Land Description) 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 grants of land to 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.
Parts 2 and 3 of Schedule 1 to the Act include descriptions of areas of land in the Northern Territory known as the Mittiebah Locality, the Alice Well Locality, the Lorne Creek Locality and the No. 47 Bore (Alexandria) Locality. These areas of land have not yet been vested in Land Trusts. The areas concerned were originally described in Schedule 1 to the Act as accurately as possible, as follows:
Mittiebah Locality (Schedule 1, Part 2): by means of reference to a Survey Plan of a larger area which included the scheduled area lodged with the Northern Territory Surveyor-General, Darwin.
Alice Well Locality (Schedule 1, Part 3): by means of a diagram.
Lorne Creek Locality (Schedule 1, Part 3): by means of a diagram.
No. 47 Bore (Alexandria) Locality (Schedule 1, Part 3): by means of a diagram.
All of the areas of land have now been surveyed and the Regulations provided for the substitution in Schedule 1 to the Act of new descriptions 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) Regulations 1991 were enacted to provide for the modification of land descriptions in the Aboriginal Land Rights (Northern Territory) Act 1976. These regulations were made under section 78 of the Act, which empowers the Governor-General to make regulations for the purposes of the Act, and section 77C, which allows for the description of an area of land in Parts 2 or 3 of Schedule 1 to be modified by the regulations. The policy objective of these regulations is to enable minor corrections to the descriptions of land that are included in Parts 2 or 3 of Schedule 1, before the land is vested in an Aboriginal Land Trust, by providing more precise descriptions based on updated survey or other evidence. The regulations specifically address the need to update the descriptions of the Mittiebah Locality, Alice Well Locality, Lorne Creek Locality, and No. 47 Bore (Alexandria) Locality to reflect the most accurate information available.
Scope and Application
The Aboriginal Land Rights (Northern Territory) (Land Description) Regulations 1991 were made under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976, allowing for modifications to the descriptions of land areas specified in Schedule 1 of the Act. These regulations apply to areas within the Northern Territory, specifically the Mittiebah Locality, the Alice Well Locality, the Lorne Creek Locality, and the No. 47 Bore (Alexandria) Locality, which have not yet been vested in Aboriginal Land Trusts. The primary purpose of these regulations is to provide more precise descriptions of the land areas, facilitated by updated survey plans, to ensure accurate and clear allocation of land to Aboriginal Land Trusts as per the Act. These modifications are permitted under section 77C of the Act and are limited to instances where the land has not yet been vested, ensuring that once the land is vested, the descriptions cannot be altered further.
Key Provisions
The Aboriginal Land Rights (Northern Territory) (Land Description) Regulations 1991 (the Regulations) were made under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act) and provide for modifications to the descriptions of certain areas of land within the Northern Territory. Specifically, section 77C of the Act allows for these modifications to be made in respect of areas of land listed in Part 2 or 3 of Schedule 1 of the Act. These areas include the Mittiebah Locality, the Alice Well Locality, the Lorne Creek Locality, and the No. 47 Bore (Alexandria) Locality. These modifications are intended to correct and improve the precision of the land descriptions based on more recent surveys and evidence, prior to the land being vested in an Aboriginal Land Trust.
The Regulations impose specific obligations on the parties involved, primarily the Minister of State for Aboriginal Affairs, who is responsible for making the Regulations. The obligations include ensuring that the new descriptions of the land areas reflect the most accurate and up-to-date survey information. The Regulations also require that any modifications to the land descriptions be officially documented and that these changes be made known to the public through notification in the Gazette.
In terms of breaches and consequences, the Regulations themselves do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, any failure to comply with the Act and these Regulations could potentially lead to legal challenges or disputes regarding the accuracy and legitimacy of the land descriptions. Given the nature of the Act and the importance of the land rights it governs, any inaccuracies or non-compliance could have significant legal and administrative repercussions for the involved parties, potentially including challenges to the validity of land titles or claims.