Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2004-2005-2006
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT
BILL 2006
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments and Requests for 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 and requests for amendments to be moved on behalf of the
Government
OUTLINE
Overview
1. In the light of comments on the Bill from stakeholders the amendments
remove restrictions on payments which can be made in relation to township leases.
The amendments also seek to improve the workability of provisions of the Bill
including those related to the disposal of certain land claims.
Financial Impact Statement
2. It is not expected that the amendments will result in any financial impact over
and above the $15 million already identified.
ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY)
AMENDMENT BILL 2006
Amendments and requests for amendments to be moved on behalf of the
Government
NOTES ON AMENDMENTS
Amendment 1 - Commencement
1. This amendment removes the reference to item 201A in the commencement
table in the Bill as item 201A is to be opposed (refer to amendment 14).
Amendment 2 - Definition of intending miner
2. This amendment removes the references to exploration retention leases from
the definition of intending miner as such leases are no longer issued under Northern
Territory legislation.
Amendment 3 - Township leases and fraud
3. This amendment replaces the reference to `person' in proposed
subsection 19A(3) dealing with fraud and township leases with `approved entity' to
reflect the fact that only approved entities may become township lessees.
Amendment 4 - Payments under township leases
4. This amendment removes proposed subsections 19A(6) and (7) which provide
for a cap on rental payments under a township lease and a restriction on other
payments. This amendment inserts a new subsection 19A(6) to provide that a
township lease must not make provision for a lessee to make a payment to a person
other than the lessor, being the relevant Land Trust. Moneys payable to a Land Trust
are paid to the relevant Land Council and the new accountability provisions will
apply to payments by Land Councils from township lease moneys (see items 88, 101
and 102 of the Bill).
Amendment 5 - Approval of valuers
5. This amendment removes proposed section 19B dealing with the approval of
valuers for the purposes of the rent cap for township leases. Proposed section 19B
will not be necessary if the rent cap is removed in accordance with amendment 4.
Amendment 6 - Delegation to a body corporate
6. This amendment provides that a Land Council's functions and powers under
proposed section 19A regarding township leases can be delegated to certain bodies
corporate that have applied for such a delegation.
1
Amendment 7 - References to exploration retention lease
7. This amendment removes the references to exploration retention leases from
subsection 46(1) as such leases are no longer issued under Northern Territory
legislation.
Amendment 8 - Use of Aboriginals Benefit Account for township lease payments
8. This amendment is consequential to the removal of the rent cap on township
leases. It replaces the reference in proposed subsection 64(4A) to `rent' with
`amounts'.
Amendments 9--12 - Disposal of certain intertidal zone and beds and banks
claims
9. Amendments 9--12 replace proposed subsections 67A(12) and (13) and delete
proposed subsections 67A(15) and (16). The purpose of these changes is to enable
areas of qualifying land to be finally disposed of (being some intertidal zone claims,
some claims to beds and banks of rivers/creeks and some claims to islands in
rivers/creeks) to be described in regulations. This will ensure certainty as to which
claims are affected and also provide for clear specification when only a part of a claim
is being finally disposed of and a part remains. It avoids any unforseen consequences
of the previous complex drafting.
10. The policy remains unchanged, that is, it is not considered appropriate to grant
narrow strips of intertidal land in the absence of contiguity with other Aboriginal land
above high water mark. Nor is it considered appropriate to grant narrow strips of land
over beds and banks of rivers and creeks, if such land is not contiguous to other
claimed land or Aboriginal land.
Amendment 13 - Agreements regarding land under claim
11. This amendment ensures that if agreements relating to land under claim make
no provision in relation to payments, such payments must be applied to or for the
benefit of the traditional owners of the land.
Amendment 14 - Delegation of power under section 19B
12. This amendment removes one of the provisions (item 201A) dealing with
delegation of the Minister's powers under proposed section 19B as that section is
being removed (see amendment 5).
Amendment 15 - Delegation of Minister's powers
13. This amendment provides that the powers of the Minister which may be
delegated under proposed subsection 76(1) may only be delegated to the Secretary of
the Department, or an SES employee or acting SES employee in the Department.
2
Amendment 16 - Delegation of power under section 19B
14. This amendment removes one of the provisions (in item 202) dealing with
delegation of the Minister's powers under proposed section 19B as that section is
being removed (see amendment 5).`
Amendment 17 - Application of provisions for amending section 67A
15. This amendment removes the references in the application provisions to
subsections 67A(12) and (13) as they are not necessary for the redrafted subsections
(see amendment 10).
3
Index]
[Search]
[Download]
[Bill]
[Help]