Petermann Aboriginal Land Trust (Boundaries) Act 1985
No. 109 of 1985
An Act relating to the boundaries of the land held by the Petermann Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976, and for related purposes
Contents
1 Short title
2 Commencement
3 Boundaries of the Petermann Aboriginal Land Trust
4 Validation of Proclamation
5 No compensation payable
Schedule
Petermann Aboriginal Land Trust (Boundaries) Act 1985
No. 109 of 1985
An Act relating to the boundaries of the land held by the Petermann Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976, and for related purposes
[Assented to 16 October 1985]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Petermann Aboriginal Land Trust (Boundaries) Act 1985.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Boundaries of the Petermann Aboriginal Land Trust
The boundaries of the land held by the Petermann Aboriginal Land Trust, being the trust of that name that was established by the Minister under subsection 4(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, shall, in lieu of the boundaries that were specified in the notice published in the Gazette on 21 July 1978 under that sub-section and in the relevant deed or deeds of grant executed under section 12 of that Act, be, and be deemed to have at all times been, the boundaries set out in the description of land in the Schedule to this Act.
4 Validation of Proclamation
The Proclamation in relation to the Uluru (Ayers Rock—Mount Olga) National Park that was made and published in the Gazette on 24 May 1977 under subsection 7(2) of the National Parks and Wildlife Conservation Act 1975 shall be deemed to have been validly made notwithstanding that the description of the area of the Park contained in the Schedule to the Proclamation contained an area that was included in the description of land in Schedule 1 to the Aboriginal Land Rights (Northern Territory) Act 1976 under the heading ‘Petermann’.
5 No compensation payable
Notwithstanding any law of the Commonwealth or of the Northern Territory, the Commonwealth is not liable to pay compensation to any person by reason of the enactment of this Act.
Schedule
Section 3
All that piece of land in the Northern Territory of Australia containing an area of 44970 square kilometres more or less: Commencing at the northwestern corner of Northern Territory Portion 2214; thence southerly by the western boundary of the said Northern Territory Portion, the western boundary of Northern Territory Portion 1097 and the southerly prolongation of the western boundary of Northern Territory Portion 1097 to the parallel of south latitude 24 degrees 50 minutes; thence west by the said parallel to the meridian of east longitude 130 degrees 45 minutes; thence south by the said meridian to the parallel of south latitude 25 degrees 7 minutes 24 seconds; thence northwesterly to a point of south latitude 25 degrees 4 minutes 54 seconds and east longitude 130 degrees 40 minutes; thence south by the said meridian to parallel of south latitude 25 degrees 25 minutes; thence east by the said parallel to a western boundary of Northern Territory Portion 1818; thence southerly by the said western boundary of Northern Territory Portion 1818 and the western boundary of Northern Territory Portion 325 (Mulga Park) to the southern boundary of the Northern Territory; thence west along the southern boundary of the Northern Territory to the southwestern corner of the Northern Territory; thence north along the western boundary of the Northern Territory to a point west of the point of commencement; thence east to the point of commencement.
Overview
The Petermann Aboriginal Land Trust (Boundaries) Act 1985, enacted by the Parliament of Australia, was introduced to rectify the boundaries of the land held by the Petermann Aboriginal Land Trust, which was established under the Aboriginal Land Rights (Northern Territory) Act 1976. This Act addresses the problem of the discrepancies in the initial boundaries specified in the 1978 notice and deed of grant, aiming to provide clarity and legal certainty to the land held by the Trust. Additionally, the Act seeks to validate a prior Proclamation concerning the Uluru (Ayers Rock—Mount Olga) National Park that inadvertently included an area designated for the Petermann Aboriginal Land Trust, ensuring the continued recognition of the Trust’s land rights. The policy objective of this Act is to uphold and protect the land rights of the Petermann Aboriginal Land Trust by clearly delineating its boundaries and ensuring no compensation is payable by the Commonwealth for the enactment of this legislation.
Scope and Application
The Petermann Aboriginal Land Trust (Boundaries) Act 1985 is a piece of Australian legislation that pertains specifically to the boundaries of the land held by the Petermann Aboriginal Land Trust, established under the Aboriginal Land Rights (Northern Territory) Act 1976. This Act seeks to legally define and validate the boundaries of this land, which covers an area of approximately 44,970 square kilometres in the Northern Territory of Australia. It serves to replace the previously specified boundaries with a new description outlined in the Act's Schedule, thereby clarifying the extent of land held by the Trust. The Act also validates a prior Proclamation concerning the Uluru (Ayers Rock—Mount Olga) National Park, ensuring it remains legally sound despite the inclusion of certain areas within the Petermann description. Additionally, the Act explicitly states that no compensation is payable to any person by the Commonwealth or the Northern Territory as a result of its enactment, thereby protecting the government from any liability arising from this legislative adjustment. The Act applies exclusively to the Petermann Aboriginal Land Trust and its holdings within the Northern Territory.
Key Provisions
The Petermann Aboriginal Land Trust (Boundaries) Act 1985 (section 1) is a specific piece of legislation that concerns the boundaries of the land held by the Petermann Aboriginal Land Trust. Established under the Aboriginal Land Rights (Northern Territory) Act 1976, the Trust's boundaries are defined by this Act instead of those previously specified in a 1978 Gazette notice and relevant deeds of grant (section 3). The Act outlines the new boundaries, which cover an area of approximately 44,970 square kilometres in the Northern Territory, beginning at the northwestern corner of Northern Territory Portion 2214 and ending at a point east of the starting point (Schedule).
Under this Act, the obligations imposed on parties include adhering to the newly defined boundaries of the land held by the Petermann Aboriginal Land Trust, as specified in the Schedule. Additionally, the Commonwealth is exempt from any compensation liabilities to any person due to the enactment of this Act, regardless of any other Commonwealth or Northern Territory laws (section 5). The Act also validates the 1977 Proclamation of the Uluru (Ayers Rock—Mount Olga) National Park, despite an area in the Park's description overlapping with land under the Aboriginal Land Rights (Northern Territory) Act 1976 (section 4).
Any breaches of this Act may result in legal consequences. However, the Act does not explicitly detail specific offences, penalties, or other civil or criminal consequences for non-compliance. It is essential for parties involved to adhere to the defined boundaries and the exemptions granted to avoid potential legal issues. The Act's primary focus is on establishing the land boundaries for the Petermann Aboriginal Land Trust and validating the Uluru National Park Proclamation.