Lands (Amendment) Ordinance 1988 (CI)

Overview

The Lands (Amendment) Ordinance 1988 was enacted by the Governor-General of the Commonwealth of Australia on advice from the Federal Executive Council under the authority of the Christmas Island Act 1958. This legislative instrument aims to amend the Lands Ordinance 1987, addressing procedural and administrative gaps related to the administration of lands on Christmas Island. The primary objective of the amendment is to introduce more structured guidelines for the administration of lands, ensuring that any guidelines are published and laid before each House of the Parliament within a specified period, thereby enhancing transparency and accountability in land management practices on the island. The ordinance also includes minor amendments to terminology and dates within the Lands Ordinance 1987 to ensure consistency and currency in the legal framework governing land administration.

Scope and Application

The Lands (Amendment) Ordinance 1988 applies to the Territory of Christmas Island and amends the Lands Ordinance 1987. It extends to the governance of lands within the territory and the guidelines for their management. The Ordinance mandates that any guidelines established by the Administrator regarding land management must be published in the Gazette and, unless otherwise specified, take effect on the day of publication. These guidelines must also be presented to each House of the Parliament within 15 sitting days of notification in the Gazette, or they become null and void. The Ordinance ensures that the legislative processes outlined in the Christmas Island Act 1958 apply to these guidelines. Additionally, the Ordinance modifies the Lands Ordinance 1987 by inserting the term "reasonable" after "necessary" in certain provisions, thereby impacting the criteria for issuing warrants of ejectment and other land-related actions. The amendments also correct and update the references in various forms within the Schedule to reflect the current year and terminology.

Key Provisions

The Lands (Amendment) Ordinance 1988 introduces several key amendments to the Lands Ordinance 1987. Most notably, it modifies the procedure for issuing guidelines by the Administrator (section 4). The new subsections 4(3) to 4(6) require that any guidelines issued must be published in the Gazette and come into effect on the date of publication unless otherwise specified. These guidelines must then be laid before each House of Parliament within 15 sitting days of the Gazette notice. If the guidelines are not laid before Parliament within this period, they will be void and ineffective. Additionally, subsections 10(2) to 10(5) of the Christmas Island Act 1958 are referenced, applying to these guidelines as if they were Ordinances themselves, with appropriate modifications to the references. The Ordinance also amends section 11 of the Lands Ordinance 1987, specifically inserting the word “reasonable” after “necessary” in subsection (1). This change likely pertains to the conditions under which the Administrator can issue a warrant of ejectment, requiring that any actions taken be both necessary and reasonable. This amendment ensures that the Administrator's authority to eject is balanced with considerations of fairness and proportionality. Further amendments are made to the Schedule of the Lands Ordinance 1987. The word “TERRITORIES” is replaced with “TERRITORY” in Form 1, and the year “1986” is updated to “1987” in Forms 1, 2, 3, and 4. Additionally, the phrase “and reasonable” is inserted after “necessary” in Form 4, echoing the change made in section 11. The year “1986” is also updated to “1987” in Form 5. These amendments ensure consistency and accuracy in the documentation related to land management on Christmas Island. The Lands (Amendment) Ordinance 1988 imposes certain obligations on the Administrator and other relevant authorities. Firstly, the Administrator must ensure that any guidelines issued are published in the Gazette and laid before Parliament within the specified timeframe. Failure to do so will render the guidelines ineffective. Secondly, the Administrator must ensure that any actions taken under the amended provisions, such as issuing a warrant of ejectment, are both necessary and reasonable, reflecting a balance of authority and fairness. There are no explicit offences, penalties, or civil/criminal consequences outlined in the text of the Ordinance for breaches of its provisions. However, the invalidation of guidelines that are not properly laid before Parliament implies a significant administrative consequence. Additionally, the requirement that actions such as issuing a warrant of ejectment be both necessary and reasonable suggests that improper or excessive use of such authority could be subject to judicial review or other forms of accountability, although these are not explicitly stated in the text.