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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 70C

Entering or remaining on Aboriginal land--aerodromes

Aerodromes outside community land

  (1)   Subject to this section, a person may board an aircraft, or disembark from an aircraft, that is on an aerodrome that is on vested Aboriginal land and that is outside community land if:

  (a)   there is a road from community land that provides access to the aerodrome and the aerodrome services the members of the community concerned; and

  (b)   the person does so in accordance with the directions of the operator of the aircraft; and

  (c)   the boarding or disembarking is for the purpose of travelling to or from any community land and is not for a purpose that is unlawful.

Note:   See section   70A for the definitions of vested Aboriginal land and community land .

  (2)   If subsection   (1) applies, the person may also:

  (a)   enter or remain on any area of the aerodrome allocated for use by passengers for any purpose related to the boarding or disembarking; and

  (b)   cross any vested Aboriginal land to get from the aerodrome to the road or from the road to the aerodrome.

Aerodromes within community land

  (3)   Subject to this section, a person may:

  (a)   board an aircraft, or disembark from an aircraft, that is on an aerodrome that is within community land if:

  (i)   the person does so in accordance with the directions of the operator of the aircraft; and

  (ii)   the boarding or disembarking is for the purpose of travelling to or from any community land that is outside the aerodrome and is not for a purpose that is unlawful; and

  (b)   enter or remain on any area of the aerodrome allocated for use by passengers for any purpose related to the boarding or disembarking.

Limitations

  (4)   Subsection   (1) or (3) does not apply to the landing of an aircraft at an aerodrome.

  (5)   Subsection   (1) or (3) does not apply in relation to an aerodrome that, at the time of commencement of this section, is covered by a lease granted under section   19. This subsection ceases to apply in relation to the aerodrome once the lease ends.

  (6)   Subsection   (1) or (3) does not apply in relation to an aerodrome that, at the time of commencement of this section, is covered by a lease that was granted under section   19 and is preserved as an interest under subsection   19A(10). This subsection ceases to apply in relation to the aerodrome once the interest ends.

  (7)   Subsection   (1), (2) or (3) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

No obligation to maintain aerodromes

  (8)   The Land Trust concerned is under no obligation to maintain an aerodrome to which subsection   (1) or (3) applies to a level that is suitable for use by the public.

Protection from liability

  (9)   No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection   (1), (2) or (3).

No limit on section   19 or 19A

  (10)   This section does not limit the application of section   19 or 19A in relation to an aerodrome to which subsection   (1) or (3) applies.


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