Lands Acquisition Amendment Act 1987

Overview

The Lands Acquisition Amendment Act 1987, enacted by the Queen, the Senate, and the House of Representatives, amends the Lands Acquisition Act 1955. This amendment was introduced to address the need for clearer provisions regarding the granting of mining leases and licences and rights to explore for minerals in specific conservation zones within the Northern Territory pastoral lease area, particularly those that have been vested in an Aboriginal Land Trust under the Aboriginal Land Rights (Northern Territory) Act 1976. The Act aims to streamline the process of granting these leases and licences, ensuring that they are authorised by the Governor-General or the Minister, as appropriate, under the revised provisions. This legislative amendment seeks to balance the interests of mineral exploration and conservation with the rights of Aboriginal Land Trusts in the Northern Territory.

Scope and Application

The Lands Acquisition Amendment Act 1987 amends the Lands Acquisition Act 1955 to facilitate the grant of mining leases and exploration rights on specific lands in the Northern Territory. The Act applies to individuals or entities seeking to mine or explore for minerals on land that is designated as a conservation zone within the Northern Territory pastoral lease area, which includes the areas known as Gimbat and Goodparla. The Act also applies to lands that have been vested in an Aboriginal Land Trust under the Aboriginal Land Rights (Northern Territory) Act 1976. The Act extends the authority of the Governor-General and the Minister to grant leases and exploration rights on such lands, regardless of whether the vesting in the Aboriginal Land Trust occurred before or after the commencement of this Act. There are no stated exclusions or thresholds in the Act, but its application is subject to the specific conditions outlined regarding the location and prior vesting of the lands. The Act’s scope is further defined and potentially extended through subordinate instruments or regulations that may detail the specific procedures and conditions for such grants.

Key Provisions

The Lands Acquisition Amendment Act 1987 (section 1) modifies the Lands Acquisition Act 1955, which is referred to as the Principal Act in this new legislation (section 1(2)). The Act came into force when the National Parks and Wildlife Conservation Amendment Act (No. 2) 1987 was commenced (section 2). It introduces and amends definitions in section 5 of the Principal Act to include terms such as “conservation zone” (section 3(a)), “Gimbat” and “Goodparla” (section 3(b)), “mineral” (section 3(c)), and “Northern Territory pastoral lease area” (section 3(d)). Section 4 of the Act allows the Governor-General to authorise the grant of a mining lease or licence to a person for minerals in a conservation zone within the Northern Territory pastoral lease area that has been vested in an Aboriginal Land Trust under the Aboriginal Land Rights (Northern Territory) Act 1976 (section 4(1a)). Section 5 of the Act further extends this authority to the Minister to grant rights to explore for minerals in such areas (section 5(2a)). The Act imposes specific obligations on the Governor-General and the Minister, empowering them to authorise mining leases or licences and rights to explore for minerals, respectively, in conservation zones within the Northern Territory pastoral lease area that have been vested in an Aboriginal Land Trust. These authorisations must comply with the conditions outlined in the Principal Act and any other relevant legislation. The Act also requires adherence to the terms of any grants made under the Aboriginal Land Rights (Northern Territory) Act 1976, ensuring that the rights and interests of Aboriginal Land Trusts are protected and respected. Breaches of the provisions in the Lands Acquisition Amendment Act 1987 may result in various consequences, though specific offences, penalties, or civil/criminal repercussions are not explicitly detailed in the provided text. Typically, unauthorised activities or actions that contravene the Act may lead to legal proceedings, with potential penalties varying depending on the nature and severity of the breach. The Act’s amendments are designed to facilitate regulated mineral exploration and mining activities in designated areas while safeguarding the interests of Aboriginal Land Trusts, thus requiring compliance with both the Principal Act and other relevant laws.