Commonwealth Numbered Acts

ABORIGINAL LAND (LAKE CONDAH AND FRAMLINGHAM FOREST) ACT 1987 No. 34 of 1987 - LONG TITLE

An Act to provide for the vesting in certain Aboriginal
communities of certain land at Lake Condah and
Framlingham owned by the State of Victoria, and for
related purposes 

WHEREAS Condah land and Framlingham Forest are situated in the State of
Victoria:
AND WHEREAS the Government of Victoria acknowledges:

   (a)  that:

        (i)    that part of Condah land shown shaded and hatched on the plan
               in Part A of Schedule 1 was originally Aboriginal land and was
               on 22 February 1984 acquired under the Crown Land (Reserves)
               Act 1987 of Victoria and is deemed to be temporarily reserved
               under that Act as an area of historic and archaeological
               interest;

        (ii)   that part of Condah land was traditionally owned, occupied,
               used and enjoyed by Aboriginals in accordance with Aboriginal
               laws, customs, traditions and practices;

        (iii)  the traditional Aboriginal rights of ownership, occupation, use
               and enjoyment concerning that part of Condah land are deemed
               never to have been extinguished;

        (iv)   that part of Condah land has been taken by force from the
               Kerrup-Jmara Clan without consideration as to compensation
               under common law or without regard to Kerrup-Jmara Law;

        (v)    Aboriginals residing on that part of Condah land and other
               Aboriginals are considered to be the inheritors in title from
               Aboriginals who owned, occupied, used and enjoyed the land
               since time immemorial;

        (vi)   that part of Condah land is of spiritual, social, historical,
               cultural and economic importance to the Kerrup-Jmara Community
               and to local and other Aboriginals;

        (vii)  it is expedient to acknowledge, recognise and assert the
               traditional rights of Aboriginals to that part of Condah land
               and the continuous association they have with the land; and

   (b)  that:

        (i)    Framlingham Forest was originally Aboriginal land and was later
               part of lands reserved temporarily from sale and for the use of
               Aboriginals under the exercise of the power vested in the
               Government of the State of Victoria with the advice of the
               Executive Council by Act No. 24 Victoria 117 and pursuant to
               the order of the Executive Council made on 19 September 1861;

        (ii)   Framlingham Forest was traditionally owned, occupied, used and
               enjoyed by Aboriginals in accordance with Aboriginal laws,
               customs, traditions and practices;

        (iii)  the traditional Aboriginal rights of ownership, occupation, use
               and enjoyment concerning Framlingham Forest are deemed never to
               have been extinguished;

        (iv)   Framlingham Forest has been taken by force from the Kirrae
               Whurrong (Pertobe) Clan without consideration as to
               compensation under common law or without regard to Kirrae
               Whurrong Law;

        (v)    Aboriginals residing at Framlingham Forest and other
               Aboriginals are considered to be the inheritors in title from
               Aboriginals who owned, occupied, used and enjoyed
               Framlingham Forest since time immemorial;

        (vi)   Framlingham Forest is of spiritual, social, historical,
               cultural and economic importance to the Kirrae Whurrong
               community and to local and other Aboriginals;

        (vii)  it is expedient to acknowledge, recognise and assert the
               traditional rights of Aboriginals to Framlingham Forest and the
               continuous association they have with Framlingham Forest:
AND WHEREAS the Government of Victoria has requested the Parliament of the
Commonwealth to enact an Act in the terms of this Act:
AND WHEREAS the Commonwealth does not acknowledge the matters acknowledged by
the Government of Victoria, but has agreed to the enactment of such an Act: