Aboriginal Land Rights (Northern Territory) (Land Description) Regulations 1991 No. 26
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 26
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.
Parts 2 and 3 of Schedule 1 to the Act include descriptions of areas of land in the Northern Territory known as the Ammaroo Locality and the Sandover River (Ammaroo) 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:
Ammaroo Locality (Schedule 1, Part 2): by means of a metes and bounds description for one parcel of land and by reference to a Survey Plan lodged with the Northern Territory Surveyor-General, Darwin, for another.
Sandover River (Ammaroo) Locality (Schedule 1, Part 3): by means of a diagram.
Both 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 address inaccuracies and ambiguities in the descriptions of land parcels within the Northern Territory, specifically within the Ammaroo Locality and the Sandover River (Ammaroo) Locality, as outlined in Schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976. This Act, enacted by the Australian Parliament, was designed to rectify the historical injustices faced by Aboriginal people in the Northern Territory by providing a framework for land rights. The 1991 Regulations, issued under the authority of the Minister for Aboriginal Affairs, allow for the modification of land descriptions to ensure that they reflect the most accurate and up-to-date survey information. This legislative action aims to ensure that the land titles vested in Aboriginal Land Trusts are as precise and reliable as possible, facilitating effective land management and use.
Scope and Application
The Aboriginal Land Rights (Northern Territory) (Land Description) Regulations 1991 No. 26, issued under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976, apply specifically to the Northern Territory and address the modification of land descriptions within Parts 2 and 3 of Schedule 1 of the Act. These regulations are pertinent to areas of land, specifically the Ammaroo Locality and the Sandover River (Ammaroo) Locality, which have not yet been vested in Aboriginal Land Trusts. The Act allows for the correction and precision in the descriptions of these land areas, ensuring that the land can be accurately identified and managed prior to vesting in Land Trusts. This regulatory framework facilitates the modification of land descriptions as more precise survey information becomes available, thereby enhancing the accuracy of land records and facilitating the administration of land rights in the Northern Territory.
The Regulations permit the substitution of initial metes and bounds descriptions or diagrams with updated survey plans, reflecting the advancements in survey techniques and evidence. This ensures that the legal descriptions of the land areas are as precise as possible, which is crucial for the effective management and administration of these lands. The scope of these Regulations is confined to the Northern Territory, and they apply to the specific land areas identified in Parts 2 and 3 of Schedule 1 of the Act. Any changes or modifications to the land descriptions are subject to the provisions outlined in the Regulations, which are designed to accommodate minor corrections and improvements in land survey data. The Regulations are intended to take effect from the date of their notification in the Gazette.
Key Provisions
The Aboriginal Land Rights (Northern Territory) (Land Description) Regulations 1991 No. 26, made under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act), primarily modify the descriptions of certain areas of land in Parts 2 and 3 of Schedule 1 to the Act. These descriptions pertain to the Ammaroo Locality and the Sandover River (Ammaroo) Locality in the Northern Territory. The modifications are necessary to provide a more precise description of these lands, which have been updated based on more recent survey evidence. The changes in these Regulations are authorised under section 77C of the Act, which allows for minor corrections to land descriptions before the land is vested in an Aboriginal Land Trust. Specifically, the Regulations update the descriptions to refer to survey plans rather than the original metes and bounds descriptions or diagrams.
The Regulations impose certain obligations on the entities governed by the Act. Primarily, they require that the descriptions of the Ammaroo Locality and Sandover River (Ammaroo) Locality be updated to reflect the more precise information provided by the survey plans. This is to ensure that the lands can be accurately identified and managed within the legal framework established by the Act. The Regulations also ensure that any future vesting of these lands in an Aboriginal Land Trust will be based on the most accurate and up-to-date descriptions available.
Failure to comply with the provisions of these Regulations could have legal ramifications. While the Regulations themselves do not explicitly outline specific penalties for non-compliance, breaches of the Act or associated regulations can lead to legal consequences under the broader legislative framework. These could include administrative actions, civil penalties, or even criminal charges, depending on the nature and severity of the breach. The penalties for such breaches are stipulated in the Act and can include fines and imprisonment, with the exact penalties varying based on the specific offence committed.
The Regulations are effective from the date of their notification in the Gazette. This means that once they are published, they will immediately apply to the lands described in Schedule 1 to the Act, ensuring that all references and descriptions are updated to reflect the most accurate and current survey information available. The timely and precise description of these lands is crucial for the proper administration and management of Aboriginal land rights in the Northern Territory.