LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 Reprinted as in force on 1 January 2005 Reprint No. 4D1 > Contents Part 1--Preliminary 1. Short title 2. Definitions Part 2--Grant of lease 3. Grant of leases to councils 4. Grant to include improvements 5. Councils to be trustees Part 3--Local government areas and councils 6. Shire of Aurukun 7. Shire of Mornington 8. Copies of maps to be held 9. Aurukun and Mornington Shire Councils 10. Application of Local Government Act 11. Special accounting provision for particular payments 12. Modification of power to dissolve shire councils Part 4--Coordinating and advisory committees 13. Appointment of committees 14. Composition of committees 15. Appointment of substitute members 16. Approval of nominees 17. Functions of committees 18. Assistance to councils Part 5--Provisions concerning the shires and their councils 19. Right of residence in shires 20. Entry upon and temporary stay in shires 21. Local laws may regulate presence in shires 22. Councils may levy charge on residents of residential premises 23. Power of ejectment and control 24. Reason for exclusion—right of appeal 25. Person not to be in shires without authority 26. Preservation of Aborigines' hunting and gathering rights 27. Mineral rights in shires 28. Forestry rights in shires 29. Restriction on councils' power over land 30. Law and order in shires 31. Indemnification of Aboriginal police officer for liability for tort 32. Appointment of chief executive officer of councils 33. Roads within shires Part 6--Miscellaneous 34. Regulation-making power Part 7--Validating and transitional provisions Division 1--Validating provision 35. Validation of particular charges Division 2--Transitional provisions for Community Services Legislation Amendment Act 2002 36. Definitions for div 2 37. Law council dissolved 38. Assets and liabilities 39. Application to declare dry place 40. Notice of proposal to declare dry place 41. Notice about dry place declaration 42. Dry place declaration continues in force 43. Reporting requirements SCHEDULE 1 SCHEDULE 2 TOWNSHIP OF AURUKUN SCHEDULE 3 TOWNSHIP OF MORNINGTON ISLAND Endnotes - LONG TITLE An Act to provide for the creation of a local government area at Aurukun and a local government area at Mornington Island and for purposes connected therewith 1 Short title This Act may be cited as the Local Government (Aboriginal Lands) Act 1978. 2 Definitions In this Act-- Aboriginal land has the meaning given by the Aboriginal Land Act 1991, section 10. Aboriginal police officer means a person who is appointed under section 302 as a member of the Aboriginal police force for a shire. Aurukun Reserve means the reserve that existed for the benefit of the Aboriginal inhabitants of the State at Aurukun and that was abolished by order in council dated 6 April 1978 published in the gazette extraordinary of the same date. liquor provisions means-- (a) the Aboriginal Communities (Justice and Land Matters) Act 1984, section 103;3 and (b) the Liquor Act 1992, sections 168B, 169 and 171.4 Mornington Reserve means the reserve that existed for the use of the Aboriginal inhabitants of the State at Mornington Island and that was abolished by order in council dated 6 April 1978 published in the gazette extraordinary of the same date. police officer in charge, for a shire, means the police officer in charge of a police station in the shire. public purpose means-- (a) a purpose for which land may be taken under the Acquisition of Land Act 1967; or (b) a community purpose within the meaning of the Land Act 1994; or (c) the purpose of townships. 3 Grant of leases to councils (1) As soon as practicable after the passing of this Act, the Governor in Council shall, subject to subsection (4), grant-- (a) to Council of the Shire of Aurukun, incorporated by section 4 (2),5 a lease of the whole of the land comprising the Shire of Aurukun declared by section 6; and (b) to Council of the Shire of Mornington, incorporated by section 4 (2), a lease of the whole of the land comprising the Shire of Mornington declared by section 7. (2) The land to which such a grant relates together with improvements included in the grant is in this Act referred to as the demised land. (3) A grant pursuant to subsection (1)-- (a) shall be made under and in accordance with this Act by way of a lease for the objects and purposes of this Act; and (b) shall be subject to the conditions and reservations set out in schedule 1; and (c) shall be construed in accordance with this Act; and (d) save as is prescribed by subsection (9), shall not be one to which the Land Act 1994 applies. (4) When making a grant pursuant to subsection (1) the Governor in Council may reserve to the Crown-- (a) in the case of the grant to Council of the Shire of Aurukun--the right to reserve and set apart for 1 or more of prescribed public purposes, whether specified or not-- (i) parts of the demised land being the shaded areas shown on the plan contained in schedule 2; and (ii) parts of the demised land in or adjacent to the existing township in the shire being of an aggregate area of 4ha approximately; without specifying, in relation to the parts referred to in subparagraph (ii), in the grant or in the instrument of lease evidencing the same the parts of the demised land affected by the reservation; (b) in the case of the grant to Council of the Shire of Mornington-- the right to reserve and set apart for 1 or more of prescribed public purposes, whether specified or not-- (i) parts of the demised land being the shaded areas shown on the plan contained in schedule 3; and (ii) parts of the demised land in or adjacent to the existing township in the shire being of an aggregate area of 4ha approximately; without specifying, in relation to the parts referred to in subparagraph (ii), in the grant or in the instrument of lease evidencing the same the parts of the demised land affected by the reservation; (c) in the case of each grant--the right to reserve and set apart for public purposes, whether specified or not, any part or parts of the demised land of an area to be specified but not exceeding 500ha in the case of the grant to Council of the Shire of Aurukun and 100ha in the case of the grant to Council of the Shire of Mornington, without specifying in the grant or in the instrument of lease evidencing the same the part or parts of the demised land affected by the reservation. (5) For the purposes of subsection (4)(a) and (b) a prescribed public purpose is 1 of the following purposes-- (a) departmental and official purposes; (b) educational institutions or education purposes; (c) health purposes or hospitals; (d) police purposes. (6) The reservation and setting apart of land pursuant to the right reserved under subsection (4) shall be effected by the Governor in Council by regulation and the Land Act 1994, chapter 3, part 1 applies to the reservation and setting apart as if the land were unallocated State land and the reservation and setting apart were authorised by that part of that Act. (7) On the day the regulation commences-- (a) the land so reserved and set apart shall thereby be excised from the demised land, shall be taken to have been reserved and set apart for the public purpose specified by the regulation and may be dealt with under the Land Act 1994, chapter 3, part 1; (b) the registrar of titles shall make all necessary entries and endorsements in and on the registers of dealings affecting land under the Land Act 1994 and the relevant instrument of lease to evidence the excision of the land so reserved and set apart from the demised land. (8) Compensation in respect of the excision of land from the demised land pursuant to the right reserved under subsection (4) shall be limited to the value of any improvements on the land so excised that are not the property of the Crown. (9) The provisions of the Land Act 1994 that provide for registration of grants made pursuant to that Act and of instruments of lease evidencing such grants and of other instruments affecting the same apply to a grant made pursuant to subsection (1) and to an instrument of lease evidencing the grant and any other instrument affecting the same. (10) The Governor in Council may grant a further lease to the Council of the Shire of Aurukun or the Council of the Shire of Mornington for such term and upon such conditions and reservations as the Governor in Council thinks fit if the Governor in Council is satisfied-- (a) that the terms and conditions of the lease granted to the council concerned pursuant to subsection (1) have been satisfactorily complied with; and (b) that it is desirable in the light of all the circumstances existing at that time that a further lease should be granted. 4 Grant to include improvements A grant made pursuant to section 3(1) shall include and shall be taken to include improvements, the property of the Crown, which-- (a) are on the land to which the grant relates at the time when the grant is made; or (b) are erected on the demised land after the time when the grant is made. 5 Councils to be trustees All interests in land held by the Council of the Shire of Aurukun or the Council of the Shire of Mornington shall be deemed to be held in trust for the benefit of persons who for the time being reside on any part of the land and the holder of those interests shall be deemed to be a trustee of the same for that purpose. 6 Shire of Aurukun The area delineated on map no. SC 211 deposited in the department's office at Brisbane as the Shire of Aurukun is declared to be a local government area and a shire within the meaning of the Local Government Act 1993 which, unless its name is duly altered according to law, shall be called by the name, Shire of Aurukun. 7 Shire of Mornington The area delineated on map no. SC 212 deposited in the department's office at Brisbane as the Shire of Mornington is declared to be a local government area and a shire within the meaning of the Local Government Act 1993 which, unless its name is duly changed according to law, shall be called by the name, Shire of Mornington. 8 Copies of maps to be held (1) A copy of the map referred to in section 6 shall be held in the office of the chief executive of the department at Brisbane and in the office of the Council of the Shire of Aurukun. (2) A copy of the map referred to in section 7 shall be held in the office of the chief executive of the department at Brisbane and in the office of the Council of the Shire of Mornington. (3) The obligation to hold a map specified in subsections (1) and (2) in an office specified therein shall continue only until another map is substituted for that map following an alteration of the boundaries to which that map relates. 9 Aurukun and Mornington Shire Councils Each of them the Council of the Shire of Aurukun and the Council of the Shire of Mornington shall be a local government within the meaning of the Local Government Act 1993, shall be deemed to be constituted under that Act and, subject to this Act, shall have the functions, powers, duties and obligations of a local government under that Act in respect of its area. 10 Application of Local Government Act Subject to this Act, the provisions of the Local Government Act 1993 apply to and in relation to-- (a) the areas and shires declared by sections 6 and 7 each of which shall be deemed to be local government areas constituted under that Act; and (b) the councils constituted for those shires as prescribed by that Act and the bodies corporate deemed to be such councils as prescribed by this Act. 11 Special accounting provision for particular payments (1) The Council of the Shire of Aurukun and the Council of the Shire of Mornington must keep separate accounting records for payments made to it under the Indigenous Communities Liquor Licences Act 2002, section 9. (2) The council must ensure the amounts paid to it are used only for-- (a) funding programs or services for the benefit of residents of its shire; or (b) if an implementation regulation under the Indigenous Communities Liquor Licences Act 2002, section 34, states this paragraph applies-- for making a payment relating to the council's liabilities stated in the regulation. 12 Modification of power to dissolve shire councils The Council of the Shire of Aurukun or the Council of the Shire of Mornington may be dissolved under the Local Government Act 1993, section 164,6 only after consultation between appropriate State and Commonwealth Ministers. 13 Appointment of committees (1) As soon as practicable after the passing of this Act there shall be appointed and, for the prescribed period, maintained 2 committees each of which shall be called the coordinating and advisory committee. (2) One such committee shall be appointed for the Shire of Aurukun and the other such committee shall be appointed for the Shire of Mornington. (3) The prescribed period referred to in subsection (1) is 3 years commencing on the date on which the committee in question is first appointed and, if the council of the shire for which the committee is appointed requests that the committee be continued in existence, such further period or periods as the council so requests. 14 Composition of committees (1) Each coordinating and advisory committee shall be comprised of-- (a) a representative of the Minister; and (b) a representative of the Minister who administers the Aboriginal Communities (Justice and Land Matters) Act 1984; and (c) a representative of the Minister of State for the Commonwealth for Aboriginal Affairs. (2) Each person proposed for membership of a committee shall be nominated by the Minister whom the person is to represent and, subject to section 16, shall be appointed by the Governor in Council. (3) The term of appointment of each member of a committee shall be 3 years commencing on the date on which the member's appointment is notified in the gazette. 15 Appointment of substitute members Upon a vacancy in the office of a member of a coordinating and advisory committee before the expiration by effluxion of time of the member's term of appointment or at any time during the term of appointment of a member of a committee another person may be appointed in the manner prescribed by section 14(2) to be a member of the committee-- (a) in the case of a vacancy--for the balance of the term of appointment of the member in whose office the vacancy has occurred; and (b) in any other case--during the absence or incapacity of the member for whom the person is appointed as a substitute. 16 Approval of nominees A person shall not be appointed as a member of a coordinating and advisory committee unless the person is acceptable as such to all Ministers who are entitled to nominate a proposed member. 17 Functions of committees The functions of a coordinating and advisory committee are-- (a) to assist the council of the shire for which the committee is appointed in the formulation of policy towards the control and management of the shire for which the committee is appointed; and (b) to assist in the fiscal management and economic planning of the shire for which the committee is appointed; and (c) to advise the council of the shire for which the committee is appointed with respect to local laws proposed by the council of that shire; and (d) to advise generally the council of the shire for which the committee is appointed on matters relevant to the interests of the residents of that shire; and (e) to keep the Minister, the Minister who administers the Aboriginal Communities (Justice and Land Matters) Act 1984 and the Minister of State for the Commonwealth for Aboriginal Affairs informed of matters in respect of which the committee has tendered advice or provided assistance. 18 Assistance to councils (1) The Governor in Council may direct a Minister to provide such assistance as, in the opinion of the Governor in Council, is necessary to enable the Council of the Shire of Aurukun or the Council of the Shire of Mornington to perform its functions. (2) A person who is assigned to perform work by way of assistance to either council aforesaid shall be taken to be performing a function under this Act while so engaged. 19 Right of residence in shires The following persons are authorised to enter, to reside in and to be in the Shire of Aurukun or the Shire of Mornington-- (a) an Aborigine who on 5 April 1978 was lawfully entitled to reside in the Aurukun Reserve or, as the case may be, the Mornington Reserve; (b) a descendant of an Aborigine referred to in paragraph (a); (c) an Aborigine who at any time lawfully resided in the Aurukun Reserve or, as the case may be, the Mornington Reserve or in the Shire of Aurukun or, as the case may be, the Shire of Mornington and who has obtained the approval of the council of the shire concerned to return to reside in the shire; (d) a descendant of an Aborigine referred to in paragraph (c); (e) a descendant of an Aborigine who, if the Aborigine had obtained the approval of the appropriate council would be an Aborigine referred to in paragraph (c), which descendant has obtained the approval of the council of the shire concerned to reside in the shire; (f) a person, other than one referred to in paragraphs (a) to (e), who intermarries or has intermarried with an Aborigine who is authorised or becomes authorised to reside in the Shire of Aurukun or, as the case may be, the Shire of Mornington; (g) a person who seeks entry to or is in the Shire of Aurukun or, as the case may be, the Shire of Mornington for the purpose of performing or exercising in the shire a function or power under this or any other Act or under an Act of the Commonwealth, if it is necessary or desirable for the proper performance or exercise of that function or power that the person be resident in the shire and if such function or power is directed to the needs or service of the shire or of any resident in the shire; (h) a person who is the holder of land in the Shire of Aurukun or, as the case may be, the Shire of Mornington as trustee for a public purpose or who is the holder of a lease, licence, permit or other authority issued under any Act which in its express terms authorises the person to enter upon land that is in the Shire of Aurukun or, as the case may be, the Shire of Mornington, if it is necessary or desirable for the proper exercise of the entitlement conferred by the lease, licence, permit or other authority that the person be resident in the shire; (i) a person who is assisting or is acting under the direction or control of a person authorised by paragraph (g) or (h) to reside in the Shire of Aurukun or, as the case may be, the Shire of Mornington, whether or not such last mentioned person resides in the shire. 20 Entry upon and temporary stay in shires (1) The following persons are authorised to enter and to be in the Shire of Aurukun or the Shire of Mornington and to remain therein until the purpose of their entry to the shire is fulfilled-- (a) the Governor-General and the Governor; (b) a person whose purpose in the shire is to bring to residents of the shire religious instruction, material comforts or medical aid; (c) a person whose purpose in the shire is to instruct himself or herself on affairs within the shire as a member of the Legislative Assembly or of either House of the Parliament of the Commonwealth; (d) a person whose purpose in the shire is to campaign as a bona fide candidate for election to the Legislative Assembly or either House of the Parliament of the Commonwealth at an election for which a writ that requires its holding has been duly issued; (e) a person who is assisting or is acting under the direction or control of a person referred to in paragraphs (a) to (d), if such last mentioned person is in the shire. (2) A person shall not be taken to have the purpose of bringing religious instruction to residents of either shire referred to in subsection (1) unless the person is a person or is of a class of person ordinarily used by a church or other religious organisation, which itself is recognised as such throughout Australia, as a religious instructor. 21 Local laws may regulate presence in shires (1) Each of them the Council of the Shire of Aurukun and the Council of the Shire of Mornington may, pursuant to its power to make local laws conferred by the Local Government Act 1993 as modified by this Act-- (a) make local laws that authorise persons of a class specified therein to enter, to be in or to reside in its area; and (b) make local laws not inconsistent with this Act that exclude persons of a class specified therein from its area or prohibit or restrict persons of a class specified therein from entering, being in or residing in its area. (2) The Council of the Shire of Aurukun or the Council of the Shire of Mornington must not make a local law under subsection (1) in respect of Aboriginal land in its area unless-- (a) the grantees of the land-- (i) have consented to the proposed local law; and (ii) have explained to the Aboriginal people particularly concerned with the land the nature, purpose and effect of the proposed local law; and (b) the Aboriginal people have been given adequate opportunity to express their views on, and are generally in agreement with, the proposed local law; and (c) it has subsequently given the Aboriginal people notice of not less than 1 month of its intention to make the local law. (3) If land immediately before becoming Aboriginal land was subject to a local law made by the Council of the Shire of Aurukun or the Council of the Shire of Mornington under this section, the local law continues in force, but expires 1 year after the land becomes Aboriginal land. 22 Councils may levy charge on residents of residential premises (1) The Council of the Shire of Aurukun or the Council of the Shire of Mornington may, by resolution, make and levy a charge on residents of residential premises in its shire. (2) However, a council may exempt a resident from payment of the charge. (3) Without limiting subsection (2), a council may give an exemption if another rate or charge is payable in relation to the premises. 23 Power of ejectment and control (1) In addition to all other powers had by it to remove persons from land of which it is lessee, the Council of the Shire of Aurukun and the Council of the Shire of Mornington may cause its agents to summarily remove from its area-- (a) any person who is there without authority conferred by this Act or by the local laws of the council; (b) any person-- (i) who belongs to a class of person that is excluded from its area by its local laws; or (ii) who belongs to a class of person whose entry to its area is prohibited by its local laws; or (iii) who, being a member of a class of person whose entry to, being in or residing in its area is restricted by its local laws, has contravened or failed to comply with the relevant local laws. (2) Any police officer, upon being requested so to do by an agent of either council referred to in subsection (1), must, if practicable, assist in the summary removal of any person under that subsection and, while so acting, is authorised to be in the shire concerned. (3) No liability shall attach to any police officer by reason only of the fact that a person in whose removal from an area the police officer has assisted should not have been so removed. (4) It is lawful to use reasonable force in the exercise of the power conferred by subsection (1) and in assisting therein. (5) A person who is lawfully removed from the Shire of Aurukun or from the Shire of Mornington and who at the time of the person's removal was qualified to be nominated as a candidate and to be elected as mayor or councillor of the local government of the shire shall, after the person's removal, not be qualified to be nominated as a candidate or to be elected or appointed or to act as mayor or councillor of that local government unless the person becomes a resident in the shire, duly authorised according to law. 24 Reason for exclusion--right of appeal (1) If any person is refused entry to or is prevented from entering upon or remaining in the Shire of Aurukun or the Shire of Mornington the council of the shire concerned shall, on the demand of that person, cause to be given to the person a notice in writing that sets out the reason for the refusal or prevention. (2) A person who is refused entry to or is prevented from entering upon or remaining in a shire referred to in subsection (1) and who claims to be authorised by this Act or local laws referred to in section 21 to enter, be in or reside in the shire may appeal in respect of such refusal or prevention by written application to a magistrate who for the time being is appointed as a local government (Aboriginal lands) appeals magistrate. (3) The Governor in Council may appoint such number of magistrates as the Governor in Council thinks fit to be local government (Aboriginal lands) appeals magistrates as the Governor in Council thinks fit. (4) Upon an application referred to in subsection (2) having been made the magistrate may require the applicant and the council of the shire to which the application relates to furnish such information as the magistrate deems necessary to enable the magistrate to determine the matter of the application. (5) Upon receipt of the information sought or in default of any such information being furnished within a time specified by the magistrate, when the magistrate is satisfied of the facts of the case, the magistrate may make such order as appears to the magistrate to be in accordance with law. (6) The order of the magistrate-- (a) shall be final; and (b) shall bind the applicant and the council of the shire concerned and its agents; and (c) shall be given effect. 25 Person not to be in shires without authority (1) A person shall not be in the Shire of Aurukun or the Shire of Mornington unless the person is authorised by this Act or local laws of the council of the shire. (2) A person who is authorised to enter, be in or reside in either of them the Shire of Aurukun or the Shire of Mornington shall not, by reason of that authority alone, be authorised to enter, be in or reside in the other of the said shires. 26 Preservation of Aborigines' hunting and gathering rights (1) Subject to the Nature Conservation Act 1992, sections 62 and 93, but despite the provisions of any other Act, an Aborigine who lawfully resides in the Shire of Aurukun or the Shire of Mornington-- (a) may capture, have in possession, and kill within the shire any specimen of native fauna and consume the same to the extent necessary for the sustenance of the Aborigine and members of the Aborigine's family or household; (b) may gather, dig and remove forest products, quarry material and similar material within the shire to the extent that the Aborigine requires the same for the Aborigine's domestic use. (2) An Aborigine must not enter Aboriginal land for a purpose mentioned in subsection (1) unless the Aborigine is entitled or permitted to enter the land under Aboriginal tradition. 27 Mineral rights in shires (1) From a grant made pursuant to section 3(1) there shall be reserved to the Crown-- (a) all gold and minerals within the meaning of the Mineral Resources Act 1989 and all mines of gold and minerals on or below the surface of the demised land; (b) all petroleum within the meaning of the Petroleum Act 1923 on or below the surface of the demised land; (c) the free right of access, including ingress, egress and regress into, upon, over and out of the demised land for the purpose of searching for or working gold and minerals or mines of gold or minerals or of searching for or conducting the operations of obtaining petroleum; (d) all rights of way for access and for pipe lines and conveyors and for other purposes requisite for obtaining and conveying petroleum, gold, minerals, ore and other material from the demised land. (2) The Aborigines Act 1971, sections 29 and 30 apply in respect of prospecting or mining in the Shire of Aurukun and the Shire of Mornington as if each of those shires were a reserve for Aborigines established under that Act but for the purpose of that application-- (a) a reference therein to the trustee of the reserve shall be read and construed as a reference to the council of the shire in which the prospecting or mining may occur; (b) a reference therein to the Minister shall be read and construed as a reference to the Governor in Council. 28 Forestry rights in shires (1) From a grant made pursuant to section 3(1) there shall be reserved to the Crown all forest products and quarry material within the meaning of the Forestry Act 1959, which Act shall apply to the demised land as if it were a Crown holding within the meaning of that Act. (2) Notwithstanding the provisions of the Forestry Act 1959 the Council of the Shire of Aurukun and the Council of the Shire of Mornington may authorise the gathering, digging and removal of forest products and quarry material on or in the demised land for the purpose of improving the demised land or of using the same on the demised land and the same may be gathered, dug and removed to the extent duly authorised without the payment of royalty in respect thereof. 29 Restriction on councils' power over land Notwithstanding the provisions of the Local Government Act 1993, the Council of the Shire of Aurukun or the Council of the Shire of Mornington is not empowered-- (a) to sublet the land to which a grant made pursuant to section 3(1) relates or any part of the demised land or to create any interest in the demised land or any part thereof less than the interest held by it under such grant; (b) to sell or otherwise dispose of the interest in the demised land held by it under such grant; (c) to grant any licence to occupy or other right to exclusive possession in the demised land or any part thereof; (d) to mortgage or otherwise charge the interest in the demised land held by it under such grant; (e) to subdivide or agree to the subdivision of the demised land or any part thereof; (f) to acquire or hold land or any interest in land otherwise than as provided in section 3(1); save in accordance with proposals submitted by the council or, as the case may be, the body corporate to the Minister and approved by the Governor in Council. 30 Law and order in shires (1) For the purposes of any law that confers powers exercisable in public places the Shire of Aurukun and the Shire of Mornington shall be deemed to be public places except for such parts thereof as are used by a resident therein as the resident's residence or place of business. (2) Persons exercising or about to exercise such powers or any of them are authorised to be in the shire in which the exercise is occurring or is about to occur. (3) The function of maintaining peace and good order in all parts of the demised land in the Shire of Aurukun or the Shire of Mornington shall be that of persons who are appointed, for the time being, as Aboriginal police for the shire pursuant to subsection (4). (4) The council of each of the shires aforesaid may, subject to the approval of the Minister for Police, appoint such number of persons as it considers necessary for the peace and good order of the shire to be Aboriginal police for the shire and shall equip such persons appointed with a uniform and such other marks of authority as it thinks fit to enable such persons to perform their function. (5) Aboriginal police appointed for a shire shall have and may exercise, within the area of their jurisdiction prescribed by subsection (3), such powers as are conferred on them by this Act or local law of the council of the shire, and if at any time a police officer is stationed in the shire or is in the shire in execution of the police officer's duty they shall perform their function and exercise their powers subject to the direction and control of such police officers. (6) Also, for the administration and enforcement of the liquor provisions in a shire, the police officer in charge for the shire may authorise an Aboriginal police officer to exercise in the area the powers of-- (a) an investigator under the Liquor Act 1992, part 7;7 or (b) a police officer under the Police Powers and Responsibilities Act 2000, sections 51 to 53.8 (7) For subsection (6)(b), the Police Powers and Responsibilities Act 2000, sections 51 to 53, apply as if a reference in the sections to a police officer were a reference to an Aboriginal police officer. (8) It is lawful for a person charged by subsection (3) with the maintenance of peace and good order to use reasonable force in the performance of that function. 31 Indemnification of Aboriginal police officer for liability for tort (1) If-- (a) an Aboriginal police officer incurs legal liability for committing a tort while acting, or purporting to act, in the execution of duty as an officer; and (b) the officer acted honestly and without gross negligence; the State may indemnify the officer for the liability. (2) If-- (a) an Aboriginal police officer incurs legal liability for helping, directly or indirectly, a person suffering, or apparently suffering, from illness or injury in circumstances that the officer reasonably considers to be an emergency; and (b) the officer acted honestly and without gross negligence; the State must indemnify the officer for the liability. 32 Appointment of chief executive officer of councils (1) Until a date to be appointed by the Governor in Council on the recommendation of the Minister made after consultation with the Minister for Aboriginal and Island Affairs and the Minister of State for the Commonwealth for Aboriginal Affairs, a person appointed by the Council of the Shire of Aurukun or the Council of the Shire of Mornington or by a body corporate deemed to be such a council to be chief executive officer of the shire shall be taken not to be such chief executive officer unless, before the person's appointment the person was approved for such appointment by the Minister after such consultation as aforesaid. (2) Subject to subsection (1), the appointment of a person as chief executive officer of the Shire of Aurukun or, as the case may be, the Shire of Mornington shall be taken to have been duly made under the Local Government Act 1993 and the appointee shall be taken to be chief executive officer of the shire notwithstanding that the appointee has not the qualifications required of such a chief executive officer by that Act. (3) If at any time the Council of the Shire of Aurukun or the Council of the Shire of Mornington or a body corporate deemed to be such a council fail to duly appoint a person to be chief executive officer of the shire, the person nominated by the Governor in Council to perform the duties of chief executive officer of the shire in question shall be taken to be such chief executive officer while the person continues to perform such duties. 33 Roads within shires (1) A road constructed or formed within the Shire of Aurukun or the Shire of Mornington, whether before or after the commencement of the Local Government (Aboriginal Lands) Act Amendment Act 1978 shall be deemed to be a road dedicated to public use and to be a road within the meaning of-- (a) the Transport Infrastructure Act 1994; or (b) the Transport Operations (Road Use Management) Act 1995; or (c) any other Act the application of which in or in relation to any place depends upon that place being a road or part of a road. (2) No person shall be entitled to be on a road referred to in subsection (1) by reason of that subsection unless the person is authorised by some other provision of this Act to be in the Shire of Aurukun or, as the case may be, the Shire of Mornington at the material time. 34 Regulation-making power The Governor in Council may make regulations under this Act. 35 Validation of particular charges (1) This section applies to a charge that, before the commencement of this section, the Council of the Shire of Aurukun or the Council of the Shire of Mornington, by resolution, purported to make and levy on residents in its shire. (2) On the commencement, the charge is taken to be, and to always have been, validly made and levied. 36 Definitions for div 2 In this division-- community justice group means the community justice group established under the Community Services (Aborigines) Act 1984, part 3A,9 for the Shire of Aurukun. law council means the Aurukun Alcohol Law Council established under the repealed part. new dry place provisions means the Community Services (Aborigines) Act 1984, part 3B.10 repeal means the repeal of part 6 of this Act by the Community Services Legislation Amendment Act 2002. repealed part means part 6 of this Act as in force before its repeal. shire council means the Council of the Shire of Aurukun. 37 Law council dissolved On the repeal, the law council is dissolved. 38 Assets and liabilities On the repeal, assets and liabilities of the law council immediately before the repeal vest in the shire council. 39 Application to declare dry place (1) This section applies if, before the repeal-- (a) an application under the repealed part for a place to be declared to be a dry place had been made to the law council; and (b) the law council had not given notice of the proposal under the repealed part. (2) The community justice group must deal with the application under the new dry place provisions as if the application were made under the provisions. 40 Notice of proposal to declare dry place (1) This section applies if, before the repeal, the law council-- (a) had, under the repealed part, given notice of a proposal to declare a place to be a dry place; but (b) had not, under the repealed part, declared the place to be a dry place. (2) The community justice group must deal with the matter, including, considering any objections and submissions to the proposal, under the new dry place provisions as if the proposal were made and notified under the provisions. 41 Notice about dry place declaration (1) This section applies if, before the repeal, the law council-- (a) had, under the repealed part, declared a place to be a dry place; but (b) had not, under the repealed part, displayed notice of the declaration. (2) The declaration is taken to be a declaration by the community justice group, under the new dry place provisions, of the place as a dry place and the community justice group must display notice of the declaration under the provisions as if it were made under the provisions. 42 Dry place declaration continues in force (1) This section applies if-- (a) under the repealed part, the law council declared a place to be a dry place; and (b) the declaration was in force immediately before the repeal. (2) The declaration is taken to be a declaration by the community justice group, under the new dry place provisions, of the place as a dry place. 43 Reporting requirements (1) Within 30 days after the repeal, the chief executive officer of the Shire of Aurukun must-- (a) prepare a report on the law council's activities for the reporting period; and (b) give the report to the shire council. (2) As soon as practicable after giving the report to the shire council, the chief executive officer must-- (a) publish a notice in a newspaper circulating generally in the shire; and (b) display a notice in a prominent place in the township of Aurukun. (3) The notices must advise that copies of the report are open for inspection, or available, free of charge at the shire council's office. (4) The shire council's annual report prepared under the Local Government Act 1993 for the financial year that includes the reporting period must contain the chief executive officer's report. (5) In this section-- reporting period means the period starting on the first day of the financial year after the last financial year for which a report was prepared under repealed section 56 and ending on the day before the repeal. - SCHEDULE 1 1 The term shall be 50 years commencing on the date of the grant. 2 The rent shall be $1 per year, if demanded. 3 The area of the demised land shall be defined in the instrument of lease by reference to approximate distances and compass readings and by reference to a map deposited in the department in Brisbane. 4 The boundary of the demised land shall extend to and shall be the high water mark at mean spring tides of the main sea. 5 The lessee shall maintain the airstrip on the demised land in good order and condition and shall permit the use of the airstrip by commercial aircraft and by other aircraft on reasonable terms and conditions. 6 The lessee shall maintain the demised land free from noxious plants and animal pests. 7 The lessee shall not interfere with forest products or remove quarry material within the meaning of those terms in the Forestry Act 1959 on or in the demised land without the Minister's permission except under the authority of the Local Government (Aboriginal Lands) Act 1978 or under the authority of and in accordance in every respect with a permit, licence, agreement or contract granted or made under the Forestry Act 1959. 8 The lease shall be subject to such reservations as are authorised by the Local Government (Aboriginal Lands) Act 1978 and are specified in the instrument of lease and to such reservations as are required by that Act, whether or not so specified. 9 The lease shall contain such provisions as the Governor in Council considers necessary to secure, for the benefit of Aborigines who reside on the demised land, preservation of their traditional rights, use and occupancy of the demised land enjoyed by them as at 6 April 1978. 10 Such other conditions and reservations as the Governor in Council thinks fit to provide for any matter not inconsistent with the conditions or reservations set out in this schedule or with the Local Government (Aboriginal Lands) Act 1978. - SCHEDULE 2 TOWNSHIP OF AURUKUN > - SCHEDULE 3 TOWNSHIP OF MORNINGTON ISLAND > - NOTES Page Date to which amendments incorporated 34 Key 35 Table of reprints 35 Tables in earlier reprints 36 List of legislation 36 List of annotations 38 Table of renumbered provisions 48 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2005. Future amendments of the Local Government (Aboriginal Lands) Act 1978 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No.[X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition o in c = order in council s = section om = omitted sch = schedule orig = original sdiv = subdivision p = page SIA = Statutory Instruments Act 1992 para = paragraph SIR = Statutory Instruments Regulation 2002 prec = preceding SL = subordinate legislation pres = present sub = substituted Reprint No. Amendments to Effective Reprint No. Amendments included Effective Reprint No. Amendments included Effective Name of table Reprint No. Previous Renumbered as >