Queensland Consolidated Acts

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LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 - SECT 21

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.



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