Commonwealth Consolidated Acts

ABORIGINAL LAND ( LAKE CONDAH AND FRAMLINGHAM FOREST) ACT 1987 - SECT 23

             (1)  The Kirrae Whurrong Aboriginal Corporation may make by‑laws, not inconsistent with any law of the Commonwealth or the State of Victoria, for or with respect to:

                     (a)  economic enterprise in Framlingham Forest;

                     (b)  cultural activities in Framlingham Forest;

                     (c)  the management, access, conservation, fire protection, development and use of Framlingham Forest;

                     (d)  the declaration of sacred or significant sites or other areas of significance to Aboriginal people in Framlingham Forest;

                     (e)  the activities to be permitted in Framlingham Forest or any part of it;

                      (f)  protection and conservation of flora and fauna found in Framlingham Forest;

                     (g)  in relation to Framlingham Forest, the cutting, removal and sale of timber, the granting of revocable licences and the payment of royalties for timber to the Corporation;

                     (h)  hunting, shooting and fishing in Framlingham Forest;

                      (j)  control of visitors in, and charging fees (to be paid to the Corporation) for entrance to, Framlingham Forest;

                     (k)  the regulation and control of motor traffic and parking in Framlingham Forest; and

                    (m)  the appointment of persons to enforce the by‑laws, and the powers and duties of those persons.

             (2)  The by‑laws may provide that a contravention of a by‑law is an offence.

             (3)  The regulations may provide, in respect of an offence against the by‑laws, for the imposition of:

                     (a)  if the offender is a natural person--a fine not exceeding $500; or

                     (b)  if the offender is a corporation--a fine not exceeding $2,500.

             (4)  The regulations may make provision for and in relation to enabling a person who is alleged to have committed an offence against the by‑laws to pay to the Commonwealth, as an alternative to prosecution, a penalty not exceeding:

                     (a)  in the case of a natural person--$100; or

                     (b)  in the case of a corporation--$500.

             (5)  If the Kirrae Whurrong Aboriginal Corporation makes a by‑law, the Community Council shall, within 7 days after making it, give a copy of the by‑law to the Minister.

             (6)  Where the Minister receives a copy of any by‑laws, the Minister shall:

                     (a)  cause the by‑laws to be notified in the Gazette ; and

                     (b)  cause a copy of the by‑laws to be laid before each House of the Parliament within 15 sitting days of that House after receipt by the Minister.

             (7)  By‑laws take effect from the day on which they are notified in the Gazette , or, where a later date is specified in the by‑laws, from that later date.

             (8)  If a copy of any by‑laws is not laid before each House of the Parliament under subsection (6), the by‑laws shall be void.

             (9)  Where a copy of a by‑law has been laid before a House of the Parliament under this section, the provisions of section 48 (other than subsections (1), (2) and (3)) and sections 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to the by‑law as if, in those provisions, references to regulations were references to by‑laws and references to repeal were references to revocation.