Northern Territory Consolidated Acts

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ABORIGINAL LAND ACT - SECT 12

Administrator may close seas

12. Administrator may close seas

(1) The Administrator may, by notice in the Gazette , close the seas adjoining and within 2 kilometres of Aboriginal land to any persons or classes of person, or for any purpose other than to Aboriginals who are entitled by Aboriginal tradition to enter and use those seas and who enter and use those seas in accordance with Aboriginal tradition.

(2) The notice in the Gazette referred to in subsection (1) shall specify -

(a) the area closed by the notice by description of the boundaries and by a diagram showing the approximate position of the boundaries;

(b) the persons or classes of persons to whom the area is closed; and

(c) the purpose for which the area of the sea is closed.

(3) The Administrator may, before deciding to close a part of the seas in accordance with this section, and in the event of the Administrator not being prepared to close an area of seas within 56 days of the matter being referred to him, the Administrator shall refer the matter of the closure to the Aboriginal Land Commissioner and request that the Aboriginal Land Commissioner inquire into and report on -

(a) whether, in accordance with Aboriginal tradition, strangers were restricted in their right to enter those seas;

(b) whether the use of those seas by strangers is interfering with or may interfere with the use of those seas in accordance with Aboriginal tradition by the Aboriginals who have traditionally used those seas;

(c) whether the use of those seas by strangers is interfering with or may interfere with the use of the adjoining Aboriginal lands by the traditional Aboriginal owners;

(d) whether any person would be disadvantaged if the seas were closed to him;

(e) the commercial, environmental and recreational interests of the public; and

(f) such other matters as the Aboriginal Land Commissioner considers relevant to the closure of those seas.

(4) The Aboriginal Land Commissioner shall report to the Administrator.



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