EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 145

 

 

Aboriginal Land Grant (Jervis Bay Territory) Act 1986

 

 

ABORIGNAL LAND GRANT (JERVIS BAY TERRITORY) REGULATIONS 2006

 

 

Subsection 53(1) of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Subsection 52A of the Act provides that the Wreck Bay Aboriginal Community Council (WBACC) may make by-laws with respect to: economic enterprise on, and management of, Aboriginal Land; cultural activities; protection of flora, fauna and sacred sites; control of visitors and their activities; regulation and control of motor traffic; and appointment of persons to enforce the by-laws.  On 28 November 2005, WBACC made by-laws with a commencement date of 1 July 2006.  These by-laws cover: conservation and biodiversity; Town Plans; activities on Aboriginal Land; enforcement of the by-laws; permits for activities; and prevention of misuse of water.

 

Subsection 52A(7) of the Act provides that the regulations  may provide, in respect of an offence against the by-laws, for the imposition of: (a) if the offender is a natural person -- a fine not exceeding 5 penalty units; or (b) if the offender is a corporation -- a fine not exceeding 25 penalty units.  A penalty unit presently stands at $110.

 

The purpose of the Regulations is to prescribe penalties of 1 -- 5 penalty units for a natural person and 25 penalty units for a corporation for certain offences against the by-laws.  These offences relate generally to prohibited activities on Aboriginal Land including damage to natural features and heritage; dumping waste; impersonation of wardens; contravention of condition of permit and misuse of water.

 

The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on 1 July 2006.

 

Consultations took place with representatives of the Wreck Bay Aboriginal Community regarding suitable levels of penalties.