Commonwealth Numbered Acts

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT ACT 1987 No. 40 of 1987 - SECT 19

19. Section 28 of the Principal Act is amended -
(a) by omitting from sub-section (1) "Council or to a member of the staff of
the Council" and substituting "Council, to a member of the staff of the
Council or to a committee appointed under section 29A";

   (b)  by omitting paragraph (1) (a) and substituting the following
        paragraph:

"(a) its power to give or withhold consent in relation to the acquisition or
the grant of -

        (i)    an estate or interest in Aboriginal land under an agreement or
               agreements -

                (A)  that will have effect for a period that exceeds, or for
                     periods that together exceed, 2 years; or

                (B)  in respect of which the approval of the Minister is
                     required by sub-section 27 (3); or

        (ii)   a mining interest in Aboriginal land;"; and

   (c)  by adding at the end the following sub-section:

"(4) Where the provisions of this Act require that a Land Council, before
exercising a power conferred upon it to do, or to consent to the doing of, an
act or thing, satisfy itself that -

   (a)  the traditional Aboriginal owners (if any) of the land affected by the
        exercise of the power understand the nature and purpose of the act or
        thing and consent to it; and

   (b)  any Aboriginal community or group that may be affected by the doing of
        the act or thing has been consulted and has had adequate opportunity
        to express its views to the Land Council, then, if that power is
        delegated to another person, the person to whom it is delegated may
        exercise the power if the delegate is satisfied -

   (c)  of the matter referred to in paragraph (a); and

   (d)  that any Aboriginal community or group that may be affected by the
        doing of the act or thing has been consulted and has had adequate
        opportunity to express its views to the delegate.".