Aboriginal Land Rights (Northern Territory) (Land Description) Regulations (Amendment) 1991 No. 115
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 115
Aboriginal Land Rights (Northern Territory) (Land Description) Regulations (Amendment)
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 Elliott Locality, the Tarlton Downs Locality, the Black Tank Bore (Bond Springs) Locality and the Finke 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:
• Elliott Locality (Schedule 1, Part 2): by means of a metes and bounds description;
• Tarlton Downs Locality (Schedule 1, Part 2): by means of a metes and bounds description;
• Black Tank Bore (Bond Springs) Locality (Schedule 1, Part 3): by means of a metes and bounds description for one parcel of land and by means of a diagram for another;
• Finke Locality (Schedule 1, Part 3): by means of a metes and bounds description for four parcels of land, by reference to a Survey Plan lodged with the Northern Territory Surveyor-General, Darwin for another parcel of land, and by means of a diagram for another.
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 (Amendment) 1991 No. 115 were enacted to amend the Aboriginal Land Rights (Northern Territory) Act 1976. These regulations were introduced to address the need for more precise descriptions of certain areas of land in the Northern Territory, specifically those listed in Parts 2 and 3 of Schedule 1 to the Act. The regulations were issued under the authority of the Minister of State for Aboriginal Affairs and aim to facilitate the more accurate identification of land areas prior to their vesting in Aboriginal Land Trusts, thus ensuring clarity and precision in land descriptions. By amending the original metes and bounds descriptions and diagrams with new survey plans, these regulations aim to enhance the legal certainty and administrative efficiency in land management within the Northern Territory.
Scope and Application
The Aboriginal Land Rights (Northern Territory) (Land Description) Regulations (Amendment) 1991 No. 115 pertains to the modification of land descriptions for specific localities within the Northern Territory that are outlined in Parts 2 and 3 of Schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976. These areas, namely the Elliott Locality, the Tarlton Downs Locality, the Black Tank Bore (Bond Springs) Locality, and the Finke Locality, have not yet been vested in Aboriginal Land Trusts and are subject to amendment under the authority granted by section 77C of the Act. The amendment is intended to replace the original metes and bounds descriptions and diagrams with descriptions based on survey plans to enhance the precision of the land descriptions. This regulatory change ensures that the lands can be accurately identified and managed, facilitating the eventual vesting of these lands in the respective Aboriginal Land Trusts as stipulated by the Act. The Regulations, issued by the Minister of State for Aboriginal Affairs, will be effective from the date of their notification in the Gazette.
Key Provisions
The Aboriginal Land Rights (Northern Territory) (Land Description) Regulations (Amendment) 1991 No. 115, made under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act), amend the descriptions of land areas listed in Schedule 1 of the Act, specifically Parts 2 and 3. These areas include the Elliott, Tarlton Downs, Black Tank Bore (Bond Springs), and Finke Localities in the Northern Territory. The amendment allows for the substitution of more precise descriptions of these lands, which have been surveyed to enable this modification. The amendment is significant as it permits the correction of land descriptions before they are vested in Aboriginal Land Trusts, ensuring that the land boundaries are accurately described.
The regulations impose certain obligations on the entities involved. The primary obligation is for the Minister of State for Aboriginal Affairs, who is the authority issuing the regulations, to ensure that the amendments to the land descriptions are accurate and based on reliable survey evidence. Furthermore, these regulations necessitate that any references to these land areas in legal or administrative documents are updated to reflect the new descriptions. The amendments are intended to rectify any inaccuracies in the original descriptions, thereby improving the clarity and precision with which these lands are identified.
Failure to comply with these regulations, or any intentional disregard of the amended descriptions, could lead to legal repercussions. While the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, breaches of regulations made under the Aboriginal Land Rights (Northern Territory) Act 1976 could potentially result in legal action. Given the context of the Act, penalties might include fines or other enforcement actions to ensure compliance. The precise penalties would be determined by the relevant courts or tribunals based on the nature and severity of the breach. The overarching objective of these regulations is to maintain the integrity of land descriptions for the benefit of Aboriginal Land Trusts and the communities they serve.