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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 70D Entering or remaining on Aboriginal land--landing places for vessels

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 70D

Entering or remaining on Aboriginal land--landing places for vessels

Landing places outside community land

  (1)   Subject to this section, a person may board a vessel, or disembark from a vessel, that is at a landing place that is on vested Aboriginal land and that is outside community land if:

  (a)   there is a road from community land that provides access to the landing place and the landing place services the members of the community concerned; and

  (b)   the boarding or disembarking is for the purpose of travelling to or from any community land and is not for a purpose that is unlawful.

Note:   See section   70A for the definitions of vested Aboriginal land and community land .

  (2)   If subsection   (1) applies, the person may also:

  (a)   enter or remain on any area of the landing place allocated for use by passengers for any purpose related to the boarding or disembarking; and

  (b)   cross any vested Aboriginal land to get from the landing place to the road or from the road to the landing place.

Landing places within community land

  (3)   Subject to this section, a person may:

  (a)   board a vessel, or disembark from a vessel, that is at a landing place that is within community land if the boarding or disembarking is for the purpose of travelling to or from any community land that is outside the landing place and is not for a purpose that is unlawful; and

  (b)   enter or remain on any area of the landing place allocated for use by passengers for any purpose related to the boarding or disembarking.

Limitations

  (4)   Subsection   (1) or (3) does not apply to the landing or berthing of a vessel at a landing place.

  (5)   Subsection   (1) or (3) does not apply in relation to a landing place that, at the time of commencement of this section, is covered by a lease granted under section   19. This subsection ceases to apply in relation to the landing place once the lease ends.

  (6)   Subsection   (1) or (3) does not apply in relation to a landing place that, at the time of commencement of this section, is covered by a lease that was granted under section   19 and is preserved as an interest under subsection   19A(10). This subsection ceases to apply in relation to the landing place once the interest ends.

  (7)   Subsection   (1), (2) or (3) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

No obligation to maintain landing places

  (8)   The Land Trust concerned is under no obligation to maintain a landing place to which subsection   (1) or (3) applies to a level that is suitable for use by the public.

Protection from liability

  (9)   No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection   (1), (2) or (3).

No limit on section   19 or 19A

  (10)   This section does not limit the application of section   19 or 19A in relation to a landing place to which subsection   (1) or (3) applies.