Aboriginal Lands (Amendment) Act 2004
Act No. 58/2004
table of provisions
Section Page
1.Purpose
2.Commencement
3.Principal Act
4.Definitions
5.Committee to act on behalf of Trust
6.Quorum for general meetings
7.New heading and new sections 23A to 23L inserted
Administration of Lake Tyers Aboriginal Trust
23A.Minister may require Lake Tyers Aboriginal Trust to comply with Act
23B.Appointment of Administrator
23C.Appointments must be for specified period which may be extended
23D.Appointment of new Administrator in certain cases
23E.Notice of appointment
23F.Effect of appointment of Administrator
23G.Administrator to establish advisory committee
23H.Functions and powers of Administrator
23I.Administrator not to sell or mortgage Lake Tyers reserve
23J.Immunity
23K.Report to Minister
23L.Committee of management elected at end of period of administration
8.New section 24A inserted
24A.Access to designated places within Lake Tyers reserve
9.New sections 24B to 24E inserted
24B.Survey plan of Lake Tyers reserve roads
24C.Lake Tyers reserve roads to be public roads
24D.Lake Tyers Aboriginal Trust is not liable as an occupier in relation to Lake Tyers reserve roads
24E.Partial abrogation of "ratione tenure" rule for the Lake Tyers reserve roads
10.Offences
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Endnotes
Aboriginal Lands (Amendment) Act 2004
[Assented to 12 October 2004]
The Parliament of Victoria enacts as follows:
1.Purpose
The main purpose of this Act is to amend the Aboriginal Lands Act 1970 to—
(a)provide for quorums for general meetings to be one half of members of the Framlingham and Lake Tyers Aboriginal Trusts entitled to vote at meetings who are residents of the relevant reserves on the day a general meeting is called; and
(b)empower the Minister to appoint an Administrator to manage the affairs of the Lake Tyers Aboriginal Trust in place of the committee of management in certain circumstances; and
(c)enable certain persons to enter and remain in designated places within the Lake Tyers reserve to exercise certain functions and powers and provide services to the residents of that reserve; and
(d)provide for certain roads within the Lake Tyers reserve to be public roads for the purposes of the Road Management Act 2004 and for the local municipal council to have care and management of those roads; and
(e)increase the general penalty applying to offences under the Act.
2.Commencement
(1)Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 July 2005, it comes into operation on that day.
3.Principal Act
In this Act, the Aboriginal Lands Act 1970 is called the Principal Act.
4.Definitions
In section 2 of the Principal Act, insert the following definitions—
' "Administrator" means a person appointed under section 23B;
"Lake Tyers reserve roads" means the land referred to in the plan of survey referred to in section 24B(1) and approved under section 24B;'.
5.Committee to act on behalf of Trust
In section 16(1) of the Principal Act, for "The powers" substitute "Subject to this Act, the powers".
6.Quorum for general meetings
In section 23(4) of the Principal…