Commonwealth Numbered Regulations - Explanatory Statements
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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT (TOWNSHIP) REGULATIONS 2017 (F2017L00696)
EXPLANATORY STATEMENT
Aboriginal Land Rights (Northern Territory) Act 1976
Aboriginal Land Rights (Northern Territory) Amendment (Township) Regulations 2017
Section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Township area vested in the Tiwi Aboriginal Land Trust
Section 3AB defines townships, in relation to a Land Trust, for the purposes of the Act. In particular, section 3AB(3) of the Act defines townships to include an area of land that is prescribed by the regulations, for the purposes of section 3AB(3), in relation to the applicable Land Trust only.
A township lease for Pirlangimpi in the Tiwi Islands is being negotiated between Munupi traditional Aboriginal owners, the Tiwi Aboriginal Land Trust and the Northern Land Council under section 19A of the Act.
The Aboriginal Land Rights (Northern Territory) Amendment (Township) Regulations 2017 (the Regulations) amends the Aboriginal Land Rights (Northern Territory) Regulations 2007 to prescribe a single township of Pirlangimpi in the Northern Territory in relation to the Tiwi Aboriginal Land Trust.
Under the Act, a township lease must be held by an approved entity. Currently only the Executive Director of Township Leasing (Executive Director), a statutory office established by Section 20B of the Act, has been approved by the Commonwealth to hold and administer a township lease under Section 19A of the Act. The Ngarrariyal Aboriginal Corporation has sought approval from the Commonwealth under section 3AAA of the Act to enable it to hold and administer a township lease over the Gunyangara township.
The proposed township lease for Pirlangimpi is to be granted to the Executive Director, who will administer the lease in accordance with its agreed terms and conditions. The proposed township lease provides also for the future transfer of the lease from the Executive Director to a Munupi community entity that is a Commonwealth approved entity under the Act.
Conditions to be Satisfied
The Act does not specify conditions that need to be satisfied before the power to make the Regulations may be exercised.
Legislative Instrument
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Commencement
The Regulations commence on the date after registration on the Federal Register of Legislative Instruments.
Regulatory Impact Statement
The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required.
Consultation
Consultations have been undertaken in relation to a township lease for Pirlangimpi and on the survey for the township. In particular, the Tiwi Land Council has agreed in principle to the grant of a lease over the Pirlangimpi township. In accordance with section 19A(2) of the Act, the Tiwi Land Council has consulted with the traditional Aboriginal owners and other Aboriginal people with an interest in the land.
The Tiwi Land Council was consulted with, and agreed to the Regulations.
Attachments
The Statement of Compatibility with Human Rights as required by the Human Rights (Parliamentary Scrutiny) Act 2011 is provided in Attachment 1.
A copy of Survey Plan S2014/211, which prescribes the township of Pirlangimpi, is provided in Attachment 2. Survey Plan S2014/211 can also be obtained from the Northern Territory Land Information System website via the NT Atlas.
Explanation of provisions
Section 1 - Name of Regulations
This section sets out the name of the Regulations, being the Aboriginal Land Rights (Northern Territory) Amendment (Township) Regulations 2017 (the Regulations).
Section 2 - Commencement
This section provides that the Regulations commence the day after registration.
Section 3 - Authority
This section provides that the Authority for the Regulations is the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act).
Section 4 - Schedules
This section provides that each instrument that is specified in a Schedule to the Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Regulations has effect according to its terms.
Schedule 1 - Amendments
Schedule 1, item 1
This item inserts regulations 5AA after existing regulation 5. New regulation 5AA provides for a parcel of land to be prescribed as a single township in relation to the Tiwi Aboriginal Land Trust.
The parcel of land is on Melville Island in the Northern Territory with an area of 1075 hectares, more or less, being Northern Territory Portion 7363(A), delineated on Survey Plan S2014/211 lodged with the Northern Territory Surveyor-General in Darwin.
 Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Aboriginal Land Rights (Northern Territory) Amendment (Township) Regulations 2017
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Regulation amends the Aboriginal Land Rights (Northern Territory Regulations 2007.
Overview of the Bill/Disallowable Legislative Instrument
Section 3AB of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act) defines townships, in relation to a Land Trust, for the purposes of the Act. In particular, section 3AB(3) of the Act defines townships to include an area of land that is prescribed by the regulations, for the purposes of section 3AB(3), in relation to the applicable Land Trust only.
These Regulations prescribe a single township of Pirlangimpi in the Northern Territory in relation to the Tiwi Aboriginal Land Trust.
The Executive Director is a statutory office established by section 20B of the Act. The Executive Director's functions are enumerated in section 20C of the Act. These include the administration of leases granted to the Commonwealth under section 19A of the Act. Section 20C(c) provides that the Executive Director's functions can include "any other functions that are prescribed by the regulations, being functions relating to the matters referred to in this section."
The proposed township lease for Pirlangimpi is to be granted to the Executive Director of Township leasing. The Executive Director will administer the lease in accordance with its agreed terms and conditions. The proposed township lease being negotiated provides for the future transfer of the lease from the Executive Director to a Munupi community entity that is a Commonwealth approved entity under the Act.
Human rights implications
This Bill/Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Bill/Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Attachment 2
