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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Indigenous Conservation Title Bill 2007
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Community areas 3
5. Act binds Crown 4
6. Inconsistency with other written laws 4
7. Intent 4
Part 2 -- Cancellation of reserves
8. Terms used in this Part 6
9. Reserve No. 34606 (Gibson Desert Nature
Reserve) 6
10. Reserve No. 34607 (Rudall River National Park) 6
Part 3 -- ICT: Incidents of title
Division 1 -- Preliminary matters
11. Terms used in this Part 7
Division 2 -- Incidents of title
12. Estate in fee simple 7
13. Use of conservation areas 9
14. Use of community areas 10
15. Grant of easements over conservation areas 10
16. Addition to, amendment of or excision from ICT
land 11
17. Application of Mining Act to conservation areas 13
18. Application of Mining Act to community areas 14
19. Application of Petroleum Act to conservation areas 14
20. Application of Petroleum Act to community areas 16
237--1 page i
Indigenous Conservation Title Bill 2007
Contents
Part 4 -- ICT: Transfer, registration,
dealings
21. Terms used in this Part 17
22. Transfer and registration of ICT 17
23. Pre-conditions for transfer 17
24. Dealings with title 18
25. Memorial 18
Part 5 -- Management of
conservation areas
Division 1 -- Preliminary matters
26. Terms used in this Part 20
Division 2 -- Joint management agreements
27. Agreements for joint management of conservation
areas 20
Division 3 -- Application of CALM Act and
Regulations
28. Application generally 21
29. Role of Conservation Commission 21
30. Management plans 22
31. Activities of traditional owners 23
32. Joint management agreements may provide
differently 23
Division 4 -- Application of Wildlife
Conservation Act 1950
33. Activities of traditional owners 24
Part 6 -- Miscellaneous matters
34. Delegation by Lands Minister 25
35. Regulations 26
Part 7 -- Consequential amendment
to Land Administration Act 1997
36. The Act amended 27
37. Section 10 amended 27
page ii
Indigenous Conservation Title Bill 2007
Contents
Defined Terms
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Indigenous Conservation Title Bill 2007
A Bill for
An Act --
· to cancel Reserve No. 34606 (Gibson Desert Nature Reserve) and
Reserve No. 34607 (Rudall River National Park); and
· to provide for the transfer of an estate in fee simple in each of the
former reserves; and
· to provide for each of the former reserves, other than particular
areas, to be managed as a national park or nature reserve and for
those particular areas to be used as Aboriginal community living
areas; and
· to make a consequential amendment to the Land Administration
Act 1997; and
· for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Indigenous Conservation Title Bill 2007
Part 1 Preliminary matters
s. 1
Part 1 -- Preliminary matters
1. Short title
This is the Indigenous Conservation Title Act 2007.
2. Commencement
5 This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
and different days may be fixed for different provisions.
10 3. Terms used in this Act
In this Act, unless the contrary intention appears --
"CALM Act" means the Conservation and Land Management
Act 1984;
"CALM Act CEO" means the holder of the office of chief
15 executive officer of the Public Sector agency principally
assisting the Minister to whom administration of the
CALM Act is committed in its administration;
"community area" has the meaning given in section 4;
"conservation area" means ICT land that is not a community
20 area;
"Gibson Desert area" means the land that is or was reserved
under Reserve No. 34606 referred to in section 9;
"ICT" has the meaning given in section 12;
"ICT holder", for ICT land, means the PBC whose name
25 appears on the Register referred to in the TLA section 48 as
the proprietor of the land;
"ICT land" means land in which ICT is held;
"joint management agreement", for jointly managed land,
means the agreement entered into under section 27(1) in
30 respect of the land;
page 2
Indigenous Conservation Title Bill 2007
Preliminary matters Part 1
s. 4
"joint management body", for jointly managed land, has the
meaning given in section 27(2)(a);
"jointly managed land" means ICT land the subject of an
agreement entered into under section 27(1);
5 "LAA" means the Land Administration Act 1997;
"Lands Minister" has the meaning "Minister" is given in the
LAA section 3(1);
"Mining Act" means the Mining Act 1978;
"NTA" means the Native Title Act 1993 (Commonwealth);
10 "PBC" means a prescribed body corporate as defined in the
Native Title (Prescribed Bodies Corporate)
Regulations 1999 (Commonwealth) regulation 3(1);
"Petroleum Act" means the Petroleum Act 1967;
"reserve area" means --
15 (a) the Gibson Desert area; or
(b) the Rudall River area;
"Rudall River area" means the land that is or was reserved
under Reserve No. 34607 referred to in section 10;
"TLA" means the Transfer of Land Act 1893;
20 "traditional owners" --
(a) of a reserve area, means the persons entitled under
the traditional laws and customs of Aboriginal
peoples to the use and occupation of the area; or
(b) of ICT land, means the traditional owners for whose
25 benefit ICT in the land is held under section 12(2)(a).
4. Community areas
(1) A community area is ICT land that is agreed from time to time
between the State and the ICT holder for the land to be used as
an Aboriginal community living area.
page 3
Indigenous Conservation Title Bill 2007
Part 1 Preliminary matters
s. 5
(2) Until it is agreed differently under subsection (1), the following
are community areas --
(a) the ICT land within a 5-kilometre radius of latitude
22.044189 south and longitude 123.123262 east (the
5 community of Punmu);
(b) the ICT land within a 5-kilometre radius of latitude
22.818253 south and longitude 122.596675 east (the
community of Parnngurr).
5. Act binds Crown
10 This Act binds the State and, so far as the legislative power of
the State permits, the Crown in all its other capacities.
6. Inconsistency with other written laws
If there is an inconsistency between this Act and another written
law, this Act prevails to the extent of the inconsistency.
15 7. Intent
This Act is intended to be part of a package of measures --
(a) for the settlement of the State's liability under the NTA
to pay compensation for the act that extinguished native
title in each of the reserve areas; and
20 (b) that will meet the Government's commitment to transfer
an estate in fee simple in each of the reserve areas to the
traditional owners of the area; and
(c) for the lease of the whole or part of each of the reserve
areas to the State for use as a national park or nature
25 reserve under the CALM Act; and
(d) for the establishment of a regime for the joint
management of the land the subject of the lease by the
CALM Act CEO and the traditional owners of the
reserve area with the objectives of --
30 (i) preserving and enhancing the Aboriginal culture
and heritage values of that land; and
page 4
Indigenous Conservation Title Bill 2007
Preliminary matters Part 1
s. 7
(ii) preserving and enhancing the natural and
environmental values of that land; and
(iii) if that land is to be used as a national park under
the CALM Act, fulfilling so much of the demand
5 for recreation by members of the public as is
consistent with the objectives referred to in
subparagraphs (i) and (ii).
page 5
Indigenous Conservation Title Bill 2007
Part 2 Cancellation of reserves
s. 8
Part 2 -- Cancellation of reserves
8. Terms used in this Part
In this Part --
"appointed day", for a reserve area, means the day after the
5 day on which the Federal Court of Australia makes an
order under the NTA section 87(2) in respect of the
compensation application for the area;
"compensation application", for a reserve area, means the
application under the NTA section 50(2) for a
10 determination of the compensation payable for the act that
extinguished native title in the area.
9. Reserve No. 34606 (Gibson Desert Nature Reserve)
On the appointed day for the Gibson Desert area,
Reserve No. 34606, a class A reserve under the LAA for the
15 purpose of "Conservation of Flora and Fauna" and named
Gibson Desert Nature Reserve 34606, is cancelled.
10. Reserve No. 34607 (Rudall River National Park)
On the appointed day for the Rudall River area,
Reserve No. 34607, a class A reserve under the LAA for the
20 purpose of "National Park" and named Rudall River National
Park, is cancelled.
page 6
Indigenous Conservation Title Bill 2007
ICT: Incidents of title Part 3
Preliminary matters Division 1
s. 11
Part 3 -- ICT: Incidents of title
Division 1 -- Preliminary matters
11. Terms used in this Part
In this Part --
5 "CALM Act Minister" means the Minister to whom
administration of the CALM Act is committed;
"mining tenement" has the meaning given in the Mining Act
section 8(1);
"petroleum interest" means an access authority, drilling
10 reservation, lease, licence, permit or special prospecting
authority as respectively defined in the Petroleum Act
section 5(1).
Division 2 -- Incidents of title
12. Estate in fee simple
15 (1) Indigenous conservation title ("ICT") is an estate in fee simple
in land and, except to the extent this Act provides differently,
the law of the State applies accordingly.
(2) The following restrictions apply in relation to the incidents of
title to the estate --
20 (a) the estate can only be held by a PBC in trust for the
benefit of the traditional owners of the reserve area in
respect of which the estate is transferred under
section 22(1);
(b) the estate is transferred under section 22(1) free of all
25 estates and interests in the reserve area other than those
referred to in paragraphs (c) and (d);
(c) the estate is transferred under section 22(1) subject to
any mining tenements and petroleum interests that --
(i) were in force over any part of the reserve area
30 immediately before the date of the transfer; or
page 7
Indigenous Conservation Title Bill 2007
Part 3 ICT: Incidents of title
Division 2 Incidents of title
s. 12
(ii) are granted over any part of that area on or after
that date on applications made but not
determined immediately before that date;
(d) the estate is transferred under section 22(1) subject to
5 any leases to Telstra or a Telstra body as respectively
defined in the Telstra Corporation Act 1991
(Commonwealth) section 3 that were in force over any
part of the reserve area immediately before the date of
the transfer;
10 (e) the estate cannot be sold and can only be transferred to
another PBC in trust for the benefit of the traditional
owners referred to in paragraph (a);
(f) the estate cannot be mortgaged, charged or otherwise
encumbered as security for the payment of money or the
15 performance of an obligation;
(g) the estate can be leased and sub-leased and the resulting
leasehold or sub-leasehold interest can be mortgaged,
charged or otherwise encumbered as security for the
payment of money or the performance of an obligation;
20 (h) an easement can be granted in, on, over, through or
under --
(i) a community area; or
(ii) a conservation area, but only in accordance with
section 15;
25 (i) the estate is held subject to sections 13 to 20;
(j) the estate can only be surrendered in accordance with
section 16(1)(d).
(3) On and after the date of the transfer --
(a) the PBC holding the estate is the lessor in respect of
30 each of the leases to which the estate is subject under
subsection (2)(d); and
(b) all the rights and liabilities of the lessor arising from or
in connection with each of those leases (whether before
page 8
Indigenous Conservation Title Bill 2007
ICT: Incidents of title Part 3
Incidents of title Division 2
s. 13
or after the transfer) are rights and liabilities of the PBC
and are enforceable by or against the PBC.
(4) An act done in contravention of subsection (2) is void from the
beginning.
5 (5) To avoid doubt, the TLA applies in relation to ICT.
13. Use of conservation areas
(1) The use of a conservation area is subject to the conditions
that --
(a) the natural, heritage, cultural, environmental, wildlife
10 and plant life value of the conservation area will be
protected, preserved, conserved, maintained, enhanced,
restored or kept in its natural or existing state; and
(b) the use of the conservation area must be in accordance
with --
15 (i) the lease referred to in section 23(2)(a) for the
area; and
(ii) the joint management agreement for the area.
(2) The LAA section 35 applies in relation to the use of a
conservation area in a way that is inconsistent with a condition
20 referred to in subsection (1) as if --
(a) the ICT held in the area were freehold that had been
transferred under the LAA section 75(1) subject to that
condition; and
(b) the ICT holder for the area were the holder of that
25 freehold; and
(c) the inconsistent use were a breach of that condition.
(3) For the purpose of subsection (2), the use of a conservation area
under a mining tenement or petroleum interest is not
inconsistent with a condition referred to in subsection (1).
page 9
Indigenous Conservation Title Bill 2007
Part 3 ICT: Incidents of title
Division 2 Incidents of title
s. 14
14. Use of community areas
(1) The use of a community area is subject to the condition that the
area may be used only for --
(a) the purpose of an Aboriginal community living area; and
5 (b) activities (including commercial activities) that --
(i) are consistent with, or ancillary and beneficial to,
that purpose; and
(ii) will not affect a conservation area in a way that
is inconsistent with a condition referred to in
10 section 13(1).
(2) The LAA section 35 applies in relation to the use of a
community area in a way that is inconsistent with the condition
referred to in subsection (1) as if --
(a) the ICT held in the area were freehold that had been
15 transferred under the LAA section 75(1) subject to that
condition; and
(b) the ICT holder for the area were the holder of that
freehold; and
(c) the inconsistent use were a breach of that condition.
20 15. Grant of easements over conservation areas
(1) The ICT holder for a conservation area may grant an easement
in, on, over, through or under the area if --
(a) the proposal to grant the easement (the "proposal") has
the consent of the CALM Act Minister; and
25 (b) subsection (2) has been complied with; and
(c) the proposal may be implemented under the LAA
section 43(1) as applied by subsection (3).
(2) For the purpose of subsection (1)(b), the Lands Minister
must --
30 (a) cause the proposal to be laid before each House of
Parliament; and
page 10
Indigenous Conservation Title Bill 2007
ICT: Incidents of title Part 3
Incidents of title Division 2
s. 16
(b) at least 30 days before acting under paragraph (a),
advertise the intention to act in a newspaper circulating
throughout the State.
(3) For the purpose of subsection (1)(c), the LAA section 43 applies
5 in relation to the proposal as if --
(a) a reference in that section to a proposal included a
reference to a proposal laid before each House of
Parliament under subsection (2)(a); and
(b) a reference in that section to the implementation of a
10 proposal by order included a reference to the
implementation of a proposal by way of grant by the
ICT holder for the area.
16. Addition to, amendment of or excision from ICT land
(1) The Lands Minister may, by order made in accordance with this
15 section --
(a) add Crown land to any ICT land; or
(b) amend the area of any ICT land for the purpose of
correcting one or more unsurveyed boundaries of the
area in such a manner that the area, if reduced at all, is
20 reduced by not more than 5%; or
(c) excise the lesser of 5% or one hectare of the area of any
ICT land for the purpose of public utility services as
defined in the LAA section 3(1); or
(d) excise all or part of any ICT land at the request of the
25 ICT holder for the land (a "surrender"); or
(e) otherwise excise part of any ICT land, including for the
purpose of creating a road.
(2) The Lands Minister may make an order under subsection (1)
if --
30 (a) the proposal to make the order (the "proposal") has the
consent of --
(i) the CALM Act Minister; and
page 11
Indigenous Conservation Title Bill 2007
Part 3 ICT: Incidents of title
Division 2 Incidents of title
s. 16
(ii) the ICT holder for the ICT land;
and
(b) if it is an order under subsection (1)(a), (b) or (c) --
subsection (4) has been complied with; and
5 (c) if it is an order under subsection (1)(d) or (e) --
(i) subsection (5) has been complied with; and
(ii) the proposal may be implemented under the
LAA section 43(1) as applied by subsection (6).
(3) In the case of a surrender, no further consent of the ICT holder
10 is required under subsection (2)(a)(ii).
(4) For the purpose of subsection (2)(b), the Lands Minister must,
at least 30 days before acting under subsection (1)(a), (b) or (c),
advertise the intention to act in a newspaper circulating
throughout the State.
15 (5) For the purpose of subsection (2)(c)(i), the Lands Minister
must --
(a) cause the proposal to be laid before each House of
Parliament; and
(b) at least 30 days before acting under paragraph (a),
20 advertise the intention to act in a newspaper circulating
throughout the State.
(6) For the purpose of subsection (2)(c)(ii), the LAA section 43
applies in relation to the proposal as if a reference in that section
to a proposal included a reference to a proposal laid before each
25 House of Parliament under subsection (5)(a).
(7) If an order is made under subsection (1)(a), the Lands Minister
is taken to have transferred ICT in the Crown land to the ICT
holder for the ICT land to which the Crown land is ordered to be
added.
30 (8) If an order is made under subsection (1)(c), (d) or (e), the
excised land becomes Crown land.
page 12
Indigenous Conservation Title Bill 2007
ICT: Incidents of title Part 3
Incidents of title Division 2
s. 17
(9) If an order is made under subsection (1)(e) --
(a) the excised land must be treated as land taken under the
LAA Part 9; and
(b) the LAA Part 10 applies as if a reference in that Part to a
5 taking order were a reference to the order made under
subsection (1)(e).
(10) The LAA section 13 applies in relation to an order made under
this section.
(11) An order made under this section has effect for all purposes as if
10 it were an order made by the Lands Minister under the LAA.
17. Application of Mining Act to conservation areas
(1) Except to the extent this section provides differently, the Mining
Act applies in relation to --
(a) a conservation area that includes the whole or any part
15 of the Gibson Desert area as if the area were land
referred to in section 24(1)(b)(ii) of that Act; and
(b) a conservation area that includes the whole or any part
of the Rudall River area as if the area were land referred
to in section 24(1)(b)(i) of that Act.
20 (2) For the purposes of the Mining Act section 24, the responsible
Minister for a conservation area is the CALM Act Minister.
(3) The responsible Minister cannot concur in a decision under the
Mining Act section 24(3)(a) to consent to mining being carried
out on a conservation area unless the responsible Minister has
25 consulted with --
(a) the ICT holder for the area; and
(b) the joint management body for the area's jointly
managed land.
(4) In addition to any other terms and conditions that may be
30 imposed under the Mining Act section 24(3)(a), a consent to
mining being carried out on a conservation area is to be subject
page 13
Indigenous Conservation Title Bill 2007
Part 3 ICT: Incidents of title
Division 2 Incidents of title
s. 18
to a condition that compensation to be assessed in accordance
with that Act must be paid to the ICT holder for the area for any
loss or damage caused by mining operations on the area as if --
(a) the area were private land as defined in section 8(1) of
5 that Act; and
(b) the ICT holder were the owner of that private land.
(5) The ICT holder for a conservation area is the owner of the area
for the purposes of the Mining Act sections 21, 113 and 115.
(6) Except to the extent subsections (4) and (5) provide, none of the
10 following persons is an owner or occupier of a conservation
area for the purposes of the Mining Act --
(a) the ICT holder for the area;
(b) a lessee or sub-lessee of the area;
(c) the CALM Act Minister.
15 (7) To avoid doubt, a conservation area is not Crown land or private
land for the purposes of the Mining Act.
18. Application of Mining Act to community areas
The Mining Act applies in relation to a community area as if --
(a) the area were private land as defined in section 8(1) of
20 that Act; and
(b) the ICT holder for the area were the owner and occupier
of that private land.
19. Application of Petroleum Act to conservation areas
(1) Except to the extent this section provides differently, the
25 Petroleum Act applies in relation to a conservation area as if the
area were Crown land as defined in section 5(1) of that Act.
(2) For the purposes of the Petroleum Act section 15A --
(a) a conservation area is land referred to in
section 15A(1)(b) of that Act; and
page 14
Indigenous Conservation Title Bill 2007
ICT: Incidents of title Part 3
Incidents of title Division 2
s. 19
(b) the responsible Minister for a conservation area is the
CALM Act Minister.
(3) The responsible Minister cannot make any recommendations on
the conditions, if any, that should be included under the
5 Petroleum Act section 15A(2) on a petroleum interest in respect
of a conservation area unless the responsible Minister has
consulted with --
(a) the ICT holder for the area; and
(b) the joint management body for the area's jointly
10 managed land.
(4) The Petroleum Act sections 17, 19 and 20 apply in relation to
any part of a conservation area comprised in a petroleum
interest that is a drilling reservation, lease, licence or permit as
if --
15 (a) the area were private land as defined in section 5(1) of
that Act; and
(b) the ICT holder for the area were the owner and occupier
of that private land.
(5) The ICT holder for a conservation area is --
20 (a) the owner of the area for the purposes of the Petroleum
Act sections 12 and 18; and
(b) the occupier of the area for the purposes of section 11(2)
of that Act.
(6) Except to the extent subsections (4) and (5) provide, none of the
25 following persons is the owner or occupier of a conservation
area for the purposes of the Petroleum Act --
(a) the ICT holder for the area;
(b) a lessee or sub-lessee of the area;
(c) the CALM Act Minister.
page 15
Indigenous Conservation Title Bill 2007
Part 3 ICT: Incidents of title
Division 2 Incidents of title
s. 20
20. Application of Petroleum Act to community areas
The Petroleum Act applies in relation to a community area as
if --
(a) the area were private land as defined in section 5(1) of
5 that Act; and
(b) the ICT holder for the area were the owner and occupier
of that private land.
page 16
Indigenous Conservation Title Bill 2007
ICT: Transfer, registration, dealings Part 4
s. 21
Part 4 -- ICT: Transfer, registration, dealings
21. Terms used in this Part
In this Part --
"deal with", under the TLA, means to register, record or
5 otherwise deal with under that Act;
"ICT matter" means a transaction, instrument, application or
other matter in relation to ICT;
"register" means to register under the TLA;
"Registrar" means the holder of the office of Registrar of
10 Titles referred to in the TLA section 7;
"TLA matter" means a transaction, instrument, application or
other matter of a kind that may be dealt with under
the TLA.
22. Transfer and registration of ICT
15 (1) As soon as practicable after the cancellation of a reserve under
section 9 or 10, the Lands Minister must transfer ICT in the
reserve area referred to in that section to a PBC.
(2) The Registrar must take the steps necessary to register the
cancellation and transfer.
20 23. Pre-conditions for transfer
(1) In this section --
"proposed conservation area", of a reserve area, means so
much of the reserve area as will be a conservation area
immediately after ICT in the reserve area is transferred
25 under section 22(1);
"State", without limiting the meaning of that term, includes the
body corporate under the CALM Act section 38.
page 17
Indigenous Conservation Title Bill 2007
Part 4 ICT: Transfer, registration, dealings
s. 24
(2) The Lands Minister must not transfer ICT in a reserve area
under section 22(1) unless --
(a) the terms of a lease to the State of the reserved area's
proposed conservation area have been agreed between
5 the parties and are consistent with subsection (3); and
(b) the terms of a joint management agreement for the
proposed conservation area have been agreed between
the parties.
(3) The terms of the lease must be in accordance with the
10 following --
(a) the term of the lease must be for at least 99 years;
(b) the lease purposes must include the use of the land the
subject of the lease as a national park or nature reserve
under the CALM Act;
15 (c) the terms of the lease must be consistent with the terms
of the joint management agreement referred to in
subsection (2)(b).
(4) The lease may be concurrent with a lease referred to in
section 12(2)(d).
20 24. Dealings with title
(1) An ICT matter that is not in accordance with this Act is void
from the beginning.
(2) If an ICT matter is a TLA matter, the Registrar must not deal
with the ICT matter unless it is in accordance with this Act.
25 25. Memorial
(1) As soon as practicable after ICT has been transferred under
section 22(1), the Lands Minister must lodge with the Registrar
in a form approved by the Registrar a memorial in relation to
the ICT.
page 18
Indigenous Conservation Title Bill 2007
ICT: Transfer, registration, dealings Part 4
s. 25
(2) The memorial must be to the following effect --
(a) the land that is the subject of the memorial is land in
which ICT is held;
(b) ICT is an estate in fee simple transferred under
5 section 22(1);
(c) ICT is held subject to this Act;
(d) an ICT matter must be in accordance with this Act;
(e) an ICT matter that is not in accordance with this Act is
void from the beginning.
10 (3) The memorial may include a description of any community
areas within the land that is the subject of the memorial.
(4) The Registrar must, on payment of the prescribed fee (if any),
register the memorial.
(5) The Lands Minister may lodge with the Registrar in a form
15 approved by the Registrar a variation or withdrawal of the
memorial.
(6) The Registrar must, on payment of the prescribed fee (if any),
register the variation or withdrawal.
page 19
Indigenous Conservation Title Bill 2007
Part 5 Management of conservation areas
Division 1 Preliminary matters
s. 26
Part 5 -- Management of conservation areas
Division 1 -- Preliminary matters
26. Terms used in this Part
In this Part --
5 "CALM Regulations" means the Conservation and Land
Management Regulations 2002;
"Conservation Commission" has the meaning given in the
CALM Act section 3;
"management plan", for jointly managed land, means the
10 management plan as defined in the CALM Act section 3
for the land.
Division 2 -- Joint management agreements
27. Agreements for joint management of conservation areas
(1) The CALM Act CEO may enter into an agreement with the
15 ICT holder for a conservation area for the joint management of
the whole or part of the area by the CEO and the traditional
owners of the area as a national park or nature reserve under the
CALM Act.
(2) In addition to any other matters provided for in the agreement, it
20 must provide for the following --
(a) the establishment of a body through which the land the
subject of the agreement is to be jointly managed by the
CALM Act CEO and the traditional owners of the
conservation area (the "joint management body" for
25 the land);
(b) the membership of the joint management body for the
land, which must include --
(i) one or more persons who represent the interests
of the CALM Act CEO; and
page 20
Indigenous Conservation Title Bill 2007
Management of conservation areas Part 5
Application of CALM Act and Regulations Division 3
s. 28
(ii) one or more persons who represent the interests
of the traditional owners of the conservation
area;
(c) the procedures of the joint management body for the
5 land.
Division 3 -- Application of CALM Act and Regulations
28. Application generally
(1) Except to the extent this Division provides differently, the
CALM Act and the CALM Regulations apply in relation to
10 jointly managed land that is agreed under section 27(1) to be
managed as one of the categories of land referred to in that
subsection as if the land were within the definition of that
category of land in the CALM Act section 6.
(2) The CALM Act section 17 does not apply in relation to jointly
15 managed land.
29. Role of Conservation Commission
(1) Jointly managed land is taken to be land vested in the
Conservation Commission for the purposes of the CALM Act
section 19(1)(c), (d), (f), (g), (k) and (l).
20 (2) The effect of subsection (1) in relation to jointly managed land
does not limit the functions of --
(a) the CALM Act CEO under section 33 of that Act in
relation to the land; or
(b) the joint management body for the land under the joint
25 management agreement for the land.
page 21
Indigenous Conservation Title Bill 2007
Part 5 Management of conservation areas
Division 3 Application of CALM Act and Regulations
s. 30
30. Management plans
(1) Despite the CALM Act section 54(3), a proposed management
plan for jointly managed land must be prepared --
(a) on behalf of the Conservation Commission by the joint
5 management body for the land in accordance with the
joint management agreement for the land; and
(b) within such period after the joint management
agreement for the land is entered into as is reasonably
practicable having regard to the resources of the joint
10 management body available for the purpose.
(2) In addition to the objectives referred to in the CALM Act
section 56(1)(c) or (d), a management plan for jointly managed
land to which that paragraph applies must make provision for --
(a) the traditional owners of the land to carry out cultural
15 and customary activities on the land using traditional
and contemporary methods, including --
(i) hunting and gathering of fauna and flora;
(ii) collecting flowing and subterranean water for
personal, domestic and non-commercial
20 communal use;
(iii) collecting and using natural resources other than
minerals as defined in the Mining Act
section 8(1) or petroleum as defined in the
Petroleum Act section 5(1) (for example,
25 collecting and using ochre, stones, soil, wood
and resin);
(iv) maintaining and protecting areas of cultural
significance;
(v) trading fauna, flora and other natural resources;
30 (vi) ceremonial activities;
(vii) traditional forms of land management (for
example, setting fires);
page 22
Indigenous Conservation Title Bill 2007
Management of conservation areas Part 5
Application of CALM Act and Regulations Division 3
s. 31
(viii) camping and otherwise living on and travelling
through the land;
and
(b) infrastructure for the use of the traditional owners of the
5 land and members of the general public to be provided
on the land as required.
(3) The CALM Act section 58(1) applies in relation to a proposed
management plan for jointly managed land as if a reference in
that subsection to the CALM Act CEO were a reference to the
10 joint management body for the land.
31. Activities of traditional owners
(1) A person does not commit an offence against the CALM Act
section 103(1) or 104(1) if --
(a) the person is a traditional owner of jointly managed
15 land; and
(b) the act or omission that would otherwise constitute the
offence is done or made in relation to the land.
(2) A person does not commit an offence against the CALM Act
section 106(b) or (c) or the CALM Regulations if --
20 (a) the person is a traditional owner of jointly managed
land; and
(b) the act or omission that would otherwise constitute the
offence is authorised by, and is done or made in
accordance with, the management plan for the land.
25 32. Joint management agreements may provide differently
(1) Subject to subsection (2), the joint management agreement for
jointly managed land may provide differently from the CALM
Act, the CALM Regulations or both in relation to the land.
(2) The agreement must not provide differently from
30 section 28(2), 29, 30 or 31.
page 23
Indigenous Conservation Title Bill 2007
Part 5 Management of conservation areas
Division 4 Application of Wildlife Conservation Act 1950
s. 33
(3) Without limiting the matters in relation to which the agreement
may provide differently, the agreement may provide that the
CALM Act CEO cannot exercise a power under the CALM Act
or the CALM Regulations in relation to the land without the
5 consent of the joint management body for the land.
Division 4 -- Application of Wildlife Conservation Act 1950
33. Activities of traditional owners
(1) A person does not commit an offence against the Wildlife
Conservation Act 1950 if --
10 (a) the person is a traditional owner of jointly managed
land; and
(b) the act or omission that would otherwise constitute the
offence --
(i) is done or made for a purpose specified in
15 subsection (2); and
(ii) is authorised by, and is done or made in
accordance with, the management plan for the
land.
(2) For the purpose of subsection (1)(b)(i), the act or omission may
20 be done or made for any of the following purposes --
(a) preparing or consuming food;
(b) medicinal purposes;
(c) carrying out ceremonial activities;
(d) artistic and other cultural purposes;
25 (e) a purpose incidental to a purpose referred to in
paragraphs (a) to (d).
page 24
Indigenous Conservation Title Bill 2007
Miscellaneous matters Part 6
s. 34
Part 6 -- Miscellaneous matters
34. Delegation by Lands Minister
(1) In this section --
"Lands Department" means the Public Sector agency
5 principally assisting the Lands Minister in the
administration of the LAA;
"public service officer" has the meaning given in the Public
Sector Management Act 1994 section 3(1).
(2) The Lands Minister may delegate to any of the following
10 persons any power or duty of the Minister under another
provision of this Act --
(a) a public service officer of the Lands Department named
in the instrument of delegation;
(b) a person from time to time holding an office in the
15 Lands Department specified in the instrument of
delegation;
(c) a prescribed person, or a person belonging to a
prescribed class of persons, specified in the instrument
of delegation.
20 (3) The delegation must be by instrument published in the Gazette.
(4) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(5) A person exercising or performing a power or duty that has been
delegated to the person under this section is taken to do so in
25 accordance with the terms of the delegation unless the contrary
intention is shown.
(6) This section does not limit the ability of the Lands Minister to
perform a function through an officer or agent.
page 25
Indigenous Conservation Title Bill 2007
Part 6 Miscellaneous matters
s. 35
35. Regulations
The Governor may make regulations prescribing matters --
(a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for giving
5 effect to this Act.
page 26
Indigenous Conservation Title Bill 2007
Consequential amendment to Land Administration Act 1997 Part 7
s. 36
Part 7 -- Consequential amendment to Land
Administration Act 1997
36. The Act amended
The amendment in this Part is to the LAA.
5 37. Section 10 amended
Section 10(1) is amended by inserting before paragraph (b) --
"
(aa) exercise powers and perform duties in relation
to land in accordance with the Indigenous
10 Conservation Title Act 2007; and
".
page 27
Indigenous Conservation Title Bill 2007
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
appointed day................................................................................................... 8
CALM Act ....................................................................................................... 3
CALM Act CEO .............................................................................................. 3
CALM Act Minister ....................................................................................... 11
CALM Regulations ........................................................................................ 26
community area................................................................................................ 3
compensation application ................................................................................. 8
conservation area.............................................................................................. 3
Conservation Commission .............................................................................. 26
deal with ........................................................................................................ 21
Gibson Desert area ........................................................................................... 3
ICT ........................................................................................................3, 12(1)
ICT holder........................................................................................................ 3
ICT land........................................................................................................... 3
ICT matter...................................................................................................... 21
joint management agreement ............................................................................ 3
joint management body...........................................................................3, 27(2)
jointly managed land ........................................................................................ 3
LAA ................................................................................................................ 3
Lands Department ......................................................................................34(1)
Lands Minister ................................................................................................. 3
management plan ........................................................................................... 26
Mining Act....................................................................................................... 3
mining tenement............................................................................................. 11
NTA ................................................................................................................ 3
PBC ................................................................................................................. 3
Petroleum Act .................................................................................................. 3
petroleum interest........................................................................................... 11
proposal .......................................................................................... 15(1), 16(2)
proposed conservation area.........................................................................23(1)
public service officer ..................................................................................34(1)
register........................................................................................................... 21
Registrar ........................................................................................................ 21
reserve area ...................................................................................................... 3
Rudall River area.............................................................................................. 3
State...........................................................................................................23(1)
surrender ....................................................................................................16(1)
TLA................................................................................................................. 3
page 28
Indigenous Conservation Title Bill 2007
Defined Terms
TLA matter .................................................................................................... 21
traditional owners............................................................................................. 3
page 29
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