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

Entering or remaining on Aboriginal land--common areas

             (1)  Subject to this section, a person may enter or remain on a common area that is within community land if the entry or remaining is not for a purpose that is unlawful.

Note 1:       See subsection (20) for the definition of common area .

Note 2:       See section 70A for the definition of community land .

Limitations

             (2)  Subsection (1) does not apply in relation to a common area 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 common area once the lease ends.

             (3)  Subsection (1) does not apply in relation to a common area 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 common area once the interest ends.

             (4)  Subsection (1) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

             (5)  For the purposes of subsection (4), the regulations may provide that specified common areas are taken to be public parks for the purposes of specified provisions of a law of the Northern Territory relating to public parks.

             (6)  Subsection (5) does not limit subsection (4).

No obligation to maintain common areas

             (7)  The Land Trust concerned is under no obligation to maintain a common area to which subsection (1) applies to a level that is suitable for use by the public.

Protection from liability

             (8)  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).

No limit on section 19 or 19A

             (9)  This section does not limit the application of section 19 or 19A in relation to a common area to which subsection (1) applies.

Temporary restrictions

           (10)  This section is subject to any provision of a law of the Northern Territory that provides for temporary restrictions on the entry or remaining on a common area to which subsection (1) applies for the purpose of:

                     (a)  protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or

                     (b)  protecting public health or safety.

           (11)  Subsection (10) does not apply in relation to a common area that is within community land that is leased to the Director. Instead, the Director may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the common area for the purpose of:

                     (a)  protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or

                     (b)  protecting public health or safety.

           (12)  If a common area to which subsection (1) applies is covered by a lease to a Commonwealth entity or an NT entity under section 19A:

                     (a)  in the case of a Commonwealth entity--the Executive Director of Township Leasing referred to in section 20B; or

                     (b)  in the case of an NT entity--the NT entity;

may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the common area for the purpose of protecting public health or safety.

           (13)  The Executive Director of Township Leasing referred to in section 20B may, by writing, delegate his or her power under subsection (12) of this section to an APS employee in the Department.

           (15)  Subsections (10), (11) and (12) apply subject to any limitation prescribed by the regulations for the purposes of this subsection.

           (16)  A determination made under subsection (11) or (12) has effect accordingly.

           (17)  A determination made under subsection (11) or (12) is not a legislative instrument.

           (18)  The person making a determination under subsection (11) or (12) must ensure that notice of the determination is given in the manner the person thinks appropriate.

           (19)  A failure to comply with subsection (18) does not invalidate the determination.

Common area

           (20)  In this section:

"common area" means an area that is generally used by members of the community concerned, but does not include:

                     (a)  a building; or

                     (b)  a sacred site; or

                     (c)  an area prescribed by the regulations for the purposes of this paragraph.

           (21)  Regulations made for the purposes of paragraph (c) of the definition of common area in subsection (20) may prescribe an area by reference to the purpose for which the area is used.

           (22)  Subsection (21) does not limit paragraph (c) of the definition of common area in subsection (20).



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