Aboriginal Land Rights (Northern Territory) (Land Description) Regulations 1991 No. 38
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 38
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 GovernorGeneral 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.
Part 2 of Schedule 1 to the Act includes descriptions of areas of land in the Northern Territory known as the Dry River Stock Reserve Locality, the Mt Peachy (Maryvale) Locality, the Ooratippra Locality, the Soudan Locality and the Undoolya Bore 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:
Dry River Stock Reserve: by means of a metes and bounds description.
Mt Peachy (Maryvale): by means of a metes and bounds description for two parcels of land and by means of a technical description for another.
Ooratippra Locality: by means of a reference to a Survey Plan lodged with the Northern Territory Surveyor-General, Darwin, for one parcel of land, and by means of a metes and bounds description for another.
Soudan Locality: by means of a metes and bounds description.
Undoolya Bore Locality: by means of a metes and bounds description.
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 introduced to refine and update the descriptions of land areas listed in Schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976. This was enacted to ensure that land descriptions, particularly those in Part 2 and 3 of Schedule 1, could be modified to reflect more precise boundaries based on updated survey information. The regulations were issued under section 78 of the Act, allowing the Governor-General to make these regulations for the purposes of the Act. The purpose of these regulations was to correct minor inaccuracies in land descriptions before the land is vested in Aboriginal Land Trusts, thereby ensuring that the land titles accurately reflect the surveyed boundaries. These regulations were made in accordance with section 77C of the Act, which specifically permits the modification of land descriptions to enhance their precision and accuracy.
Scope and Application
The Aboriginal Land Rights (Northern Territory) (Land Description) Regulations 1991 were created under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 to allow for modifications to the descriptions of land areas before they are vested in Aboriginal Land Trusts. These Regulations are applicable to the specific areas of land in the Northern Territory mentioned in Part 2 of Schedule 1 to the Act, including the Dry River Stock Reserve Locality, the Mt Peachy (Maryvale) Locality, the Ooratippra Locality, the Soudan Locality, and the Undoolya Bore Locality. The purpose of these Regulations is to enable the correction and refinement of land descriptions, using updated survey information, to provide more precise boundaries for lands that have yet to be vested in Aboriginal Land Trusts. These Regulations provide a mechanism to ensure that the descriptions of land within the specified localities are as accurate as possible, enhancing the clarity and effectiveness of land grants under the Act.
Key Provisions
The Aboriginal Land Rights (Northern Territory) (Land Description) Regulations 1991 No. 38 (the Regulations) are made under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act), which empowers the Governor-General to make regulations for the purposes of the Act. Specifically, section 77C of the Act allows for the modification of land descriptions in Parts 2 and 3 of Schedule 1, which lists areas of land in the Northern Territory that have not yet been vested in Aboriginal Land Trusts. This provision enables more precise descriptions of land boundaries based on surveys or other evidence. The Regulations replace the original descriptions of land in Schedule 1 with updated descriptions that refer to survey plans.
The Regulations impose a range of obligations and requirements on the parties and entities they govern. Primarily, they require the accurate description of specified areas of land in the Northern Territory, as these areas have not yet been vested in Land Trusts. The Regulations provide for the substitution of new descriptions in Schedule 1 to the Act, which are based on survey plans. This ensures that the boundaries of the land are described with greater precision, facilitating future vesting of these lands in Aboriginal Land Trusts. The Regulations also outline the methods by which these land descriptions must be made, such as metes and bounds descriptions and references to survey plans.
Failure to comply with the Regulations may result in various civil or criminal consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of regulations under the Act could lead to enforcement actions, fines, or other legal repercussions. Given the importance of accurately describing land for the purposes of Aboriginal land rights, non-compliance could have significant legal and administrative implications. It is important to note that the maximum penalties for breaches of the Act and associated regulations are prescribed elsewhere in the legislation and could include substantial fines and, in some cases, imprisonment.