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2004-2005-2006
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT
BILL 2006
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be Moved on Behalf of the Government
(Circulated by authority of the Minister for Families, Community Services and
Indigenous Affairs, the Honourable Mal Brough, MP)
ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY)
AMENDMENT BILL 2006
Amendments to be moved on behalf of the Government
OUTLINE
Overview
1. The amendments make some changes to the Bill as a result of issues which have
arisen since the Bill was introduced into Parliament.
2. The amendments allow for the establishment of a Commonwealth entity to hold
township leases described in item 46 of the Bill. This is in addition to a provision
which allows for the establishment of an NT entity, and is intended to provide greater
flexibility in the administration of the township leasing scheme.
3. The amendments also make some minor changes to other aspects of the township
leasing scheme, the granting of advance consents for the transfer of leases, and the
exploration and mining provisions in the Bill. These changes seek to clarify the intent
or improve the workability of the provisions of the Bill.
Financial impact statement
4. The amendments have no effect on the financial impact of the Bill.
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ABORIGINAL LAND RIGHTS NORTHERN TERRITORY
AMENDMENT BILL 2006
Amendments to be moved on behalf of the Government
NOTES ON AMENDMENTS
Amendments (1)-(5) - Commencement
1. These amendments make changes to the commencement table in the Bill to take
account of the substantive changes made by the Government amendments.
Amendments (6)-(7) - Definitions of approved entity and Commonwealth entity
2. These amendments insert definitions of `approved entity' (which is a
Commonwealth entity or an NT entity) and of `Commonwealth entity'. These
definitions are part of a series of amendments related to the township leasing
provisions, which enable a township lease under new section 19A to be granted to a
Commonwealth nominated body.
Amendment (8) - Exploration retention licences
3. This amendment replaces the definition of exploration retention lease with a
definition of exploration retention licence, and makes a consequential change to the
definition of mining interest. These changes reflect the fact that exploration retention
leases are no longer issued under Northern Territory legislation.
Amendment (9) - Renewals of mining interests
4. This amendment removes items 5 and 6 of the Bill which are changes relating to
the treatment of renewals of mining interests. Further examination of the need for any
amendments relating to the treatment of renewals of mining interests is considered
necessary and therefore the series of amendments in the Bill dealing with this issue is
being removed.
Amendment (10) - Definition of Northern Territory Valuer-General
5. This amendment removes the definition of Northern Territory Valuer-General.
The definition is related to new paragraph 19A(6)(b) of the Bill which is being
replaced to provide for persons to be approved to value township land (see
amendment 24).
Amendment (11) - Note for subsection 3(4)
6. This amendment removes the note below subsection 3(4) dealing with certain
renewals of mining interests.
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Amendment (12) - Approval of Commonwealth entities
7. This amendment gives the Minister power to approve persons for the purposes of
the definition of Commonwealth entity (refer to amendment 7).
Amendments (13)-(19) - Approved entities
8. These amendments replace some references to `NT entity' in the Bill with
references to `approved entity' as a consequence of allowing for Commonwealth
entities or NT entities to hold township leases (refer to amendments 6 and 7).
Amendment (20) - Consent given under subsection 19(8)
9. This amendment provides that the consent of the Minister or a Land Council
under subsection 19(8) to the transfer of an estate or interest (or to the grant of an
interest dependent on a grantee's interest) may be general, or to a specified person or
a person included in a specified class.
Amendment (21) - Approved entity
10. This amendment allows a Land Trust to grant a township lease to an `approved
entity'. This is part of a series of amendments related to the township leasing
provisions, which enable a township lease under new section 19A to be granted to a
Commonwealth nominated body (refer to amendments 6 and 7).
Amendment (22) - Replacement section 19A lease may be entered into before the
end of the 69th year
11. This amendment changes the reference to 79th year in new subsection 19A(5) of
the Bill to the 69th year. The effect is that if a replacement lease is being negotiated
(rather than a new lease to commence at the end of the original lease) it must be
entered into before the end of the 69th year of the term of the original lease. This will
encourage replacement leases to be entered into well before the end of the original
lease.
Amendment (23) - Replacement section 19A lease
12. This amendment clarifies that the intention is that replacement leases can only be
negotiated with the current lessee.
Amendment (24) - Valuations of township land
13. This amendment provides that valuations for the purposes of new paragraph
19A(6)(b) are to be done by persons approved under new section 19B or persons
included in a class approved under new section 19B (refer to amendment 28). The
cap on annual rent is determined by reference to the last valuation (by a person
approved under new section 19B) done before the commencement of the period for
which annual rent is to be paid.
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Amendments (25)-(27) - Approved entities
14. These amendments replace some references to `NT entity' in the Bill with
references to `approved entity' as a consequence of allowing for Commonwealth
entities or NT entities to hold township leases (refer to amendments 6 and 7).
Amendment (28) - Approval of valuers
15. This amendment provides for the Minister to approve a person, or approve a class
of persons, who may value land for the purposes of new paragraph 19A(6)(b) (refer to
amendments 24, 43 and 44).
Amendment (29) - Modification of Northern Territory stamp duty laws
16. This amendment exempts certain township leases or transfers of township leases
related to Commonwealth entities from stamp duty or similar taxes. It also provides
for registration of these leases or transfers as if they were duly executed under the
relevant Northern Territory law.
Amendment (30) - Modification of Northern Territory subdivision laws
17. This amendment removes any requirement under Northern Territory law to
subdivide the land held by a Land Trust before the Land Trust can grant a lease to a
Commonwealth entity under new section 19A.
Amendment (31) - Modification of Northern Territory planning and other laws
18. This amendment provides that the regulations may modify Northern Territory
laws relating to planning, infrastructure, subdivision, transfer of land and other
prescribed matters as they apply to land covered by a township lease held by a
Commonwealth entity. It is expected that such regulations will only be necessary in
the event that relevant Northern Territory laws are restricting the use of the land
covered by a township lease as a town, or, for example, restricting efforts by the
Commonwealth entity to provide appropriate subleases. The regulations will cease to
have effect if the township lease is transferred to an NT entity.
Amendment (32) - Section 20A
19. This amendment relates to section 20A (regarding the application of Northern
Territory laws relating to the transfer of land) and is consequential to amendments 29-
31.
Amendment (33) - Consent to the grant of exploration licences
20. The Bill provides that where the Minister refuses a request to extend the time for
applying for consent to the grant of an exploration licence then no application may be
made after receiving the notice of refusal. This amendment extends the time in which
an application can be made by an additional 7 days after receipt of the notice of
refusal.
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Amendment (34) - Notification of Land Council decision on application for
consent
21. This amendment provides that the Land Council must notify relevant parties of a
decision on an application for consent to the grant of an exploration licence within 7
days of making a decision.
Amendment (35) - Consultation on repeat application for consent
22. This amendment clarifies that where there is a repeat application for consent to
the grant of exploration licences in the circumstances set out in new subsection
42(17), and all consultation meetings which were necessary under subsection 42(4)
had been held in relation to the first application, further consultation meetings are not
required in relation to the repeat application. This does not prevent further
consultation meetings.
Amendment (36) - Exploration retention licences
23. This amendment changes references in section 44A from `exploration retention
leases' to `exploration retention licences' (refer to amendment 8).
Amendment (37) - Renewal of mining interests
24. This amendment removes items in the Bill relating to the treatment of renewals of
mining interests and the application of sections 45 and 46 (refer to amendment 9).
Amendments (38)-(39) - Exploration retention licences
25. These amendments change references in sections 46 and 48 from `exploration
retention leases' to `exploration retention licences' (refer to amendment 8).
Amendment (40) - Renewal of mining interests
26. This amendment removes an item in the Bill relating to the treatment of renewals
of mining interests in section 48A (refer to amendment 9).
Amendments (41)-(42) - Debits from the Aboriginals Benefit Account for
township leases
27. These amendments to new subsection 64(4A) are related to the amendments
allowing a township lease to be granted to a Commonwealth entity. They provide for
the Aboriginals Benefit Account to be used for payments in relation to the acquisition
and administration of townships leases by approved entities and for the payment of
rent by approved entities.
Amendment (43) - Delegation of new section 19B powers
28. This amendment ensures that if the Minister delegates powers under new section
19B relating to approval of valuers for township land to the Chief Minister of the
Northern Territory, the Chief Minister has the relevant executive authority to exercise
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those powers (refer to amendment 28). It is expected that the Minister will delegate
such powers in relation to township leases held by (or to be held by) an NT entity.
Amendment (44) - Delegation of new section 19B powers
29. This amendment replicates the effect of amendment 42 when section 76 is
repealed and substituted by item 202 of the Bill.
Amendment (45) - Reference to new paragraph 45(1)(b)
30. This amendment replaces the reference to new paragraph 45(1)(b) with a
reference to paragraph 45(b). This change is consequential to the removal of items
dealing with renewals of mining interests (refer to amendment 9).
Amendment (46) - Application provision for item 6
31. This amendment removes the application provision for item 6 as item 6 is being
removed (refer to amendment 9).
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