EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Aboriginal and Torres
Strait Islander Affairs
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT
1986
Declaration
A Declaration was made by the Minister under section 9A of the Aboriginal Land Grant [Jervis Bay] Act 1986 (the Act) on 11 October 1995.
The Declaration took effect on publication of a Special Commonwealth of Australia Gazette on 12 October 1995.
Subsection 9A(1) of the Act empowers the Minister to declare in writing that land within the Jervis Bay National Park or the Jervis Bay Botanic Gardens is Aboriginal Land if he is satisfied that the land is of significance to the Aboriginals who are members of the Wreck Bay Aboriginal Community and it would be appropriate to grant the land to the Wreck Bay Aboriginal Community Council (the Council).
Subsection 9A(2) of the Act provides that the Minister may not make a Declaration under subsection (1) unless the Council and the Director of National Parks and Wildlife (the Director) have entered into an agreement under which the Council agrees to grant to the Director a lease of the land to be declared to be Aboriginal Land.
Subsection 9A(3) of the Act provides that if the Minister proposes to make a declaration under subsection (1) he must publish a notice in the Gazette stating his intention to make a declaration and describing the land that would become Aboriginal Land under the declaration.
On 18 August 1995, the Council and the Director entered into an agreement under which the Council agreed to grant to the Director a lease of the whole of the Jervis Bay National Park and the whole of the Jervis Bay Botanic Gardens (the Park and Gardens).
In March 1995, the Minister received a comprehensive report on the significance of the land and water in the Park and Gardens and the appropriateness of a grant of the land to the Council. The report, which was prepared by Dr Brian J Egloff, Ms Kerry Navin and Dr Kelvin Officer after extensive consultation with the relevant Aboriginal communities, describes the historical context and the nature of the Aboriginal communities in the Jervis Bay region, as well as considering the appropriateness of the land grant.
The Minister relied on this report together with a recommendation from the Aboriginal and Torres Strait Islander Commission in deciding that the land is of significance to the Aboriginals who are members of the Wreck Bay Aboriginal Community, and that the grant of the land to the Council would be appropriate.
Overview
The Aboriginal Land Grant (Jervis Bay Territory) Act 1986 was enacted to address the need for granting land of cultural significance to the Wreck Bay Aboriginal Community. This Act was enacted by the Australian Parliament and aims to provide a legislative framework for the recognition and formalisation of land rights within the Jervis Bay Territory. The explanatory statement issued by the Minister for Aboriginal and Torres Strait Islander Affairs clarifies that the Act empowers the Minister to declare land within the Jervis Bay National Park or the Jervis Bay Botanic Gardens as Aboriginal Land if it is deemed significant to the Aboriginals of the Wreck Bay Aboriginal Community and appropriate for the Wreck Bay Aboriginal Community Council. This declaration process is contingent on the Council entering into an agreement with the Director of National Parks and Wildlife, granting a lease for the land in question. The 1995 declaration was informed by a comprehensive report on the land's significance and the appropriateness of the grant, prepared after extensive consultations with the Aboriginal communities involved.
Scope and Application
The Aboriginal Land Grant (Jervis Bay Territory) Act 1986 applies to land within the Jervis Bay National Park and the Jervis Bay Botanic Gardens, specifically within the Jervis Bay Territory. The Act authorises the Minister for Aboriginal and Torres Strait Islander Affairs to declare such land as Aboriginal Land if satisfied of its significance to the Wreck Bay Aboriginal Community and the appropriateness of granting it to the Wreck Bay Aboriginal Community Council. The declaration process requires the Council and the Director of National Parks and Wildlife to enter into an agreement, where the Council grants a lease of the land to the Director, before the Minister can make the declaration. The Act mandates the Minister to publish a notice in the Gazette if proposing a declaration, detailing the land to be designated as Aboriginal Land. The jurisdictional reach of the Act is confined to the Jervis Bay Territory, and the declaration made under the Act has specific conditions and requirements that must be met before the land can be officially designated as Aboriginal Land. The Act may also be extended or restricted through subordinate instruments, such as regulations, but the primary focus remains on the declaration and management of land within the specified areas in the Jervis Bay Territory.
Key Provisions
The Aboriginal Land Grant (Jervis Bay Territory) Act 1986 contains several key provisions that govern the declaration of land as Aboriginal Land within the Jervis Bay National Park and the Jervis Bay Botanic Gardens. Under section 9A(1), the Minister for Aboriginal and Torres Strait Islander Affairs is empowered to declare land within these areas as Aboriginal Land if satisfied that the land holds significance for the Wreck Bay Aboriginal Community and that it is appropriate to grant it to the Wreck Bay Aboriginal Community Council. The declaration process requires the Minister to publish a notice in the Gazette outlining his intention to make such a declaration and describing the land in question, as stipulated in section 9A(3). This declaration took effect on 12 October 1995 following the publication of a Special Commonwealth of Australia Gazette.
The Act imposes specific obligations on the Wreck Bay Aboriginal Community Council and the Director of National Parks and Wildlife. Pursuant to section 9A(2), the Minister cannot make a declaration unless the Council and the Director have entered into an agreement. This agreement mandates the Council to grant a lease of the land to be declared as Aboriginal Land to the Director. This requirement ensures that the land remains under the management of the Director while recognising its significance to the Aboriginal community. This agreement was formalised on 18 August 1995, covering the entire Jervis Bay National Park and the Jervis Bay Botanic Gardens.
In terms of consequences for non-compliance, the Act does not explicitly detail specific offences or penalties for breach of its provisions. However, failure to adhere to the declared process or the conditions outlined in the agreement could potentially lead to legal disputes or challenges regarding the validity of the land grant. The absence of detailed penalties in the text suggests that any enforcement actions would likely be pursued through the legal system, with potential outcomes depending on the specific circumstances and the discretion of the courts.