Northern Territory Consolidated Acts

COBOURG PENINSULA ABORIGINAL LAND, SANCTUARY AND MARINE PARK ACT - SECT 3

In this Act, unless the contrary intention appears -

"Aboriginal" means a person who is a member of the Aboriginal race of Australia;

"Aboriginal tradition" means the body of traditions, observances, customs and beliefs of Aboriginals or of a community or group of Aboriginals, and includes traditions, observances, customs and beliefs as applied in relation to particular persons, sites, areas of land, things or relationships;

"Aboriginals entitled to use or occupy the sanctuary and/or marine park" means the Aboriginals who are not traditional Aboriginal owners but who are entitled by Aboriginal tradition to use or occupy the sanctuary and/or marine park or part thereof whether by reason of spiritual affiliation to the land or part or for whatever other reason may be recognized by Aboriginal tradition;

"Board" means the Cobourg Peninsula Sanctuary and Marine Park Board established by section 18;

"Commission" means the Commission within the meaning of the Parks and Wildlife Commission Act ;

"group" means all the traditional Aboriginal owners and the Aboriginals entitled to use or occupy the sanctuary and/or marine park;

"Land Council" means the Northern Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth;

"Land Trust" means the Cobourg Peninsula Sanctuary Land Trust established by section 7;

"marine park" means the Cobourg Marine Park declared under section 12 of the Territory Parks and Wildlife Conservation Act ;

"minerals" includes -

(a) gold, silver, copper, tin and other metals;

(b) coal, shale, petroleum and valuable earths and substances;

(c) mineral substances;

(d) gems and precious stones; and

(e) ores and other substances containing minerals,

whether suspended in water or not, and includes water;

"mining interest" means any lease or other interest in land (including an exploration licence) granted under a law of the Territory relating to mining for minerals;

"plan of management" means the plan of management for the whole or a part of the sanctuary and/or marine park prepared under section 27 by or on behalf of the Board;

"sanctuary" means -

(a) the area described in the Schedule as the Cobourg Peninsula Sanctuary; and

(b) the additional areas, if any, the estate or interest of the Crown in which is granted and vested by section 6 in the Land Trust,

and includes the waters on the sanctuary;

"traditional Aboriginal owners" means a local descent group of Aboriginals who -

(a) have common spiritual affiliations to a site on the sanctuary and/or marine park, being affiliations that place the group under a primary spiritual responsibility for that site and for the land on which, or water in which, it is situated; and

(b) are entitled by Aboriginal tradition, as of right, to forage over land, or fish in water, referred to in paragraph (a).