Commonwealth Consolidated Acts

ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 - SECT 52A

             (1)  In this section Aboriginal Land does not include land declared under section 9A.

             (2)  The Council may make by-laws for or with respect to:

                     (a)  economic enterprise on Aboriginal Land;

                     (b)  cultural activities on Aboriginal Land;

                     (c)  the management, access, conservation, fire protection, development and use of Aboriginal Land;

                     (d)  the declaration of sacred or significant sites or other areas of significance to Aboriginal people on Aboriginal Land;

                     (e)  the activities to be permitted on Aboriginal Land or any part of it;

                      (f)  protection and conservation of flora or fauna found on Aboriginal Land;

                     (g)  in relation to Aboriginal Land, the cutting, removal and sale of timber, the granting of revocable licences and the payment of royalties for timber to the Council;

                     (h)  hunting, shooting and fishing on Aboriginal Land;

                      (i)  control of visitors in, and charging fees (to be paid to the Council) for entrance to, Aboriginal Land;

                      (j)  the regulation and control of motor traffic and parking on Aboriginal Land;

                     (k)  the appointment of persons to enforce the by-laws, and the powers and duties of those persons.

             (3)  The by-laws may apply any regulation made under the Environment Protection and Biodiversity Conservation Act 1999 to Aboriginal Land, with whatever changes are needed for that purpose.

             (4)  A by-law, in applying a regulation referred to in subsection (3) relating to an offence, must not change the penalty for that offence.

             (5)  A by-law must not be inconsistent with a law of the Commonwealth or a law in force in the Territory, but a regulation referred to in subsection (3) may, in its application to Aboriginal Land, be inconsistent with a law in force in the Territory.

             (6)  The by-laws may provide that a contravention of a by-law is an offence.

             (7)  The regulations may provide, in respect of an offence against the by-laws, for the imposition of:

                     (a)  if the offender is a natural person--a fine not exceeding 5 penalty units; or

                     (b)  if the offender is a corporation--a fine not exceeding 25 penalty units.

             (8)  The regulations may make provision for and in relation to enabling a person who is alleged to have committed an offence against the by-laws to pay to the Commonwealth, as an alternative to prosecution, a penalty not exceeding:

                     (a)  in the case of a natural person--1 penalty unit; or

                     (b)  in the case of a corporation--5 penalty units.

             (9)  Subsections (7) and (8) do not apply in relation to an offence against a regulation referred to in subsection (3) in its application to Aboriginal Land.

           (10)  If the Council makes a by-law, it shall, within 21 days after making it, give a copy of the by-law to the Minister.

           (11)  Where the Minister receives a copy of any by-laws, the Minister shall:

                     (a)  cause the by-laws to be notified in the Gazette ; and

                     (b)  cause a copy of the by-laws to be laid before each House of the Parliament within 15 sitting days of that House after receipt by the Minister.

           (12)  By-laws take effect from the day on which they are notified in the Gazette , or, where a later date is specified in the by-laws, from that later date.

           (13)  If a copy of any by-laws is not laid before a House of the Parliament within 15 sitting days of that House after receipt by the Minister, the by-laws cease to have effect at the end of that period.

           (14)  Where a copy of a by-law has been laid before a House of the Parliament under this section, the provisions of section 48 (other than subsections (1), (2) and (3)) and sections 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to the by-laws as if, in those provisions, references to regulations were references to by-laws and references to repeal were references to revocation.