ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 3AA Approved entities

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 3AA

Approval of the Commonwealth and Commonwealth authorities

  (1)   For the purposes of paragraph   (a) of the definition of approved entity in subsection   3(1), the Minister may, by writing, approve any of the following bodies as an approved entity:

  (a)   the Commonwealth;

  (b)   a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989 ).

Approval of Aboriginal and Torres Strait Islander corporations

  (2)   For the purposes of paragraph   (b) of the definition of approved entity in subsection   3(1), the Minister may, by writing, approve an Aboriginal and Torres Strait Islander corporation as an approved entity for an area of land known by a particular name if the Minister is satisfied that:

  (a)   the Land Council for the area in which the area of land is situated has nominated the corporation under subsection   (4) to be an approved entity for the area of land known by that name; and

  (b)   a majority of the members of the corporation are either:

  (i)   the traditional Aboriginal owners of land that constitutes, or forms part of, the area of land known by that name; or

  (ii)   Aboriginal people who live in the area of land known by that name; and

  (c)   any conditions determined under subsection   (9) for the purposes of this paragraph are satisfied.

  (3)   An approval under subsection   (2) must specify the name by which the area of land is known, but need not otherwise delineate the area of land.

  (4)   A Land Council may nominate an Aboriginal and Torres Strait Islander corporation, that satisfies the condition in paragraph   (2)(b), to be an approved entity for an area of land situated in the Council's area.

  (5)   A nomination under subsection   (4) must:

  (a)   be given to the Minister in writing; and

  (b)   specify the name by which the area of land is known; and

  (c)   describe the area of land (but need not delineate the area); and

  (d)   set out the names of the corporation's members; and

  (e)   contain a declaration to the effect that the Land Council is satisfied the corporation satisfies the condition in paragraph   (2)(b); and

  (f)   set out a description of any consultation by the Land Council with the following persons in relation to the nomination:

  (i)   traditional Aboriginal owners of land that constitutes, or forms part of, the area of land;

  (ii)   Aboriginal people who live in the area of land;

  (iii)   any other Aboriginal community or group that may be affected by the nomination; and

  (g)   contain any other information determined under subsection   (9) for the purposes of this paragraph.

Matters to which Minister must or may have regard

  (6)   In deciding under subsection   (1) or (2) whether to approve a body as an approved entity, the Minister:

  (a)   must have regard to any matters determined under subsection   (9) for the purposes of this paragraph; and

  (b)   may have regard to:

  (i)   any matters determined under subsection   (9) for the purposes of this subparagraph; and

  (ii)   any other matters the Minister considers relevant.

Revoking an approval

  (7)   The Minister may, by writing, revoke an approval under subsection   (1) or (2) if the Minister considers it appropriate to do so.

  (8)   Before revoking an approval under subsection   (2) of an Aboriginal and Torres Strait Islander corporation as an approved entity for an area of land, the Minister must consult the Land Council that nominated the corporation under subsection   (4) in relation to the area of land.

Legislative instruments determining certain matters

  (9)   The Minister may, by legislative instrument, determine:

  (a)   conditions for the purposes of paragraph   (2)(c); and

  (b)   information for the purposes of paragraph   (5)(g); and

  (c)   matters for the purposes of paragraph   (6)(a) or subparagraph   (6)(b)(i).