ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 363 Resolving disagreement between land council and Director over implementation of plan

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 363

Minister to resolve disagreement

  (1)   If the Chair or Chairperson of a land council for indigenous people's land in a jointly managed reserve and the Director disagree about whether the Director is exercising the Director's powers and performing the Director's functions consistently with a management plan in operation for the reserve:

  (a)   the Director must inform the Minister; and

  (b)   the Minister must appoint a person the Minister considers to be suitably qualified and in a position to deal with the matter impartially to inquire into the matter; and

  (c)   the person appointed must inquire into the matter and give the Minister a report and recommendations; and

  (d)   the Minister must give the Director any directions the Minister thinks fit; and

  (e)   the Director must comply with any direction.

What is a land council ?

  (2)   The land council for indigenous people's land in a Commonwealth reserve is:

  (a)   if the land is in the area of an Aboriginal Land Council established by or under the Aboriginal Land Rights (Northern Territory) Act 1976 --that Aboriginal Land Council; and

  (b)   if the land is in Jervis Bay Territory--the Wreck Bay Aboriginal Community Council established by the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986 ; and

  (c)   if the land is elsewhere--a body corporate that:

  (i)   is established by or under an Act; and

  (ii)   has functions relating to the indigenous people's land in the reserve; and

  (iii)   consists of indigenous persons who either live in an area to which one or more of the body's functions relate or are registered as traditional owners of indigenous people's land in an area to which one or more of the body's functions relate.

What is indigenous people's land ?

  (3)   Land is indigenous people's land if:

  (a)   a body corporate holds an estate that allows the body to lease the land to the Commonwealth or the Director; and

  (b)   the body corporate was established by or under an Act for the purpose of holding for the benefit of indigenous persons title to land vested in it by or under that Act.

Who is an indigenous person ?

  (4)   A person is an indigenous person if he or she is:

  (a)   a member of the Aboriginal race of Australia; or

  (b)   a descendant of an indigenous inhabitant of the Torres Strait Islands.

What is a jointly managed reserve ?

  (5)   A Commonwealth reserve is a jointly managed reserve if:

  (a)   it includes indigenous people's land held under lease by the Director; and

  (b)   a Board is established for the reserve under Subdivision   F.