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Australian Indigenous Law Reporter |
Act No 93 of 2006
Assented to 5 September 2006
The Aboriginal Land Rights (Northern Territory) Amendment Act 2006 (Cth) represents a number of distinct changes to Australian land rights legislation. Most notably, in amending the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), the new legislation potentially makes the powers of Land Councils delegable to other authorities, and facilitates the granting of 99-year leases over Aboriginal townships.
Insert:
Grant of lease
(1) A Land Trust may grant a lease of a township to an approved entity if:
(a) the Minister consents, in writing, to the grant of the lease; and
(b) the Land Council for the area in which the land is situated directs, in writing, the Land Trust to grant the lease.
…
Term of lease
(4) Subject to subsection (5), the term of a lease granted under this section is 99 years.
…
Transfer of lease
(8) A lease granted under this section must not be transferred, except to another approved entity with the written approval of the Minister. An approval is not a legislative instrument.
…
Subleases
(13) This section does not prevent a sublease of a lease granted under this section.
(14) A lease granted under this section must not contain any provision requiring the consent of any person to the grant of a sublease of the lease.
(15) A lease granted under this section must not contain any provision relating to the payment of rent, or the non-payment of rent, in relation to a sublease of the lease.
…
Insert:
Application
(1) A body corporate incorporated under the Aboriginal Councils and Associations Act 1976 may, in writing, apply to a Land Council to have the Council delegate to the body some or all of the Council’s functions or powers that are delegable to the body if a majority of the members of the body are either:
(a) the traditional Aboriginal owners of land in the part of the area of the Council mentioned in paragraph (2)(b); or
(b) Aboriginals who live in that part.
Note: Section 28 sets out which of the Council’s functions or powers are delegable to the body.
…
(1) If a Land Council delegates some or all of its functions or powers under section 28 to a body corporate, the Council must not vary or revoke the delegation except as set out in this section.
…
(1) If:
(a) a Land Council refuses, or is taken to have refused, under section 28A to make a delegation to a body corporate; or
(b) a Land Council refuses under subsection 28B(4), or is taken to have refused under subsection 28B(6), to vary a delegation to a body corporate;
the body may:
(c) send a copy of the application concerned to the Minister; and
(d) request the Minister, in writing, to decide it is appropriate for the Council to make the delegation, or the variation to the delegation, sought by the body (as the case requires).
(2) The Minister must, by notice in writing, approve or refuse the request.
(3) The Minister must not approve the request unless he or she is satisfied that the body will be able to satisfactorily perform the functions and exercise the powers sought by the body.
Minister may seek Council’s assistance
(4) In deciding whether to approve or refuse the request, the Minister may, by notice in writing, require the Council to:
(a) give specified information to the Minister; or
(b) make specified reports available to the Minister; or
(c) provide specified assistance to the Minister.
The Council must comply with any such requirement.
Consultation
(5) In deciding whether to approve or refuse the request, the Minister must consult the Council. The Minister may also consult such other persons or bodies as the Minister thinks appropriate.
…
This Act amends the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). The full text of both the original and Amending Act are available online at <http://www.austlii.edu.au>. Sean Brennan examines the history of the 1976 Act and the implications of the most recent amendments in an extended commentary piece appearing on page 1 of this edition of the AILR.
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URL: http://www.austlii.edu.au/au/journals/AILR/2006/75.html