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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
ABORIGINAL LANDS AMENDMENT BILL
2004
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ABORIGINAL LANDS ACT 1995 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 27 amended (Land vested in Council)
6. Section 28A inserted
28A. Power to grant new leases and licences
7. Section 38A inserted
38A. Cessation of reserved status of certain land
8. Schedule 3 amended (Land Vested in the Council)
PART 3 - CROWN LANDS ACT 1976 AMENDED
9. Principal Act
10. Section 35B inserted
35B. Compensation payable on vesting of certain land
to Aboriginal Land Council of Tasmania
[Bill 69]-I
PART 4 - MISCELLANEOUS
11. Transfer of Crown land to M Summers
2
ABORIGINAL LANDS AMENDMENT BILL
2004
(Brought in by the Premier, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Aboriginal Lands Act 1995 and
to provide for other matters
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the Aboriginal Lands
Amendment Act 2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 69] 3
s. 3 No. Aboriginal Lands Amendment 2004
PART 2 - ABORIGINAL LANDS ACT 1995
AMENDED
Principal Act
3. In this Part, the Aboriginal Lands Act 1995* is referred
to as the Principal Act.
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended by inserting
after the definition of "regulations" the following
definition:
"reserved road" means a road (however described)
which has been reserved in a land grant or a
folio of the Register of title or by the exercise
of a power of reservation conferred by or under
an Act;
Section 27 amended (Land vested in Council)
5. Section 27 of the Principal Act is amended by omitting
subsection (8) and substituting the following subsections:
(8) There is reserved to the public at all times,
in relation to the land referred to in items 3, 4, 8, 9,
10, 12, 15 and 16 of Schedule 3, a right of pedestrian
access over the area of land 15 metres wide
immediately above the high-water mark.
(8A) There is reserved to the public at all
times, in relation to the land referred to in item 2 of
Schedule 3, a right of pedestrian access over the
*No. 98 of 1995
4
2004 Aboriginal Lands Amendment No. s. 6
area of land 15 metres wide immediately above the
high-water mark except that area of land between
points A and D shown as being on the high-water
mark in Plan 3467 in the Central Plan Register.
(8B) In relation to the land referred to in item
14 of Schedule 3 there is reserved to the public at all
times -
(a) a right of access over all roads and
vehicular tracks shown on Plan 6457 in
the Central Plan Register; and
(b) a right of access over all reserved roads
in existence at the commencement of the
Aboriginal Lands Amendment Act 2004;
and
(c) a right of pedestrian access over the
area of land 15 metres wide immediately
above the high-water mark except those
areas of land shown as hatched on Plan
6457 in the Central Plan Register; and
(d) a right of pedestrian access over those
areas of land shown as hatched on Plan
6457 in the Central Plan Register.
Section 28A inserted
6. After section 28 of the Principal Act, the following
section is inserted in Part 3:
Power to grant new leases and licences
28A. (1) The Council may grant a lease or licence of
or in respect of any Aboriginal land and other land
acquired by the Council other than land which is
leased or licensed pursuant to section 28.
5
s. 7 No. Aboriginal Lands Amendment 2004
(2) Subsections (2), (3), (4) and (5) of section 28
do not apply to a lease or licence granted under
subsection (1) of this section.
Section 38A inserted
7. After section 38 of the Principal Act, the following
section is inserted in Part 4:
Cessation of reserved status of certain land
38A. (1) Clarke Island Nature Reserve, that -
(a) was, under section 21(1)(a) of the
Regional Forest Agreement (Land
Classification) Act 1998, declared to be
reserved land in the class of nature
reserve and taken to have been so
declared under the National Parks and
Wildlife Act 1970; and
(b) is taken to be reserved land in the
corresponding class under the Nature
Conservation Act 2002 -
ceases to be reserved land.
(2) The area of land on Goose Island that -
(a) was, under section 17(2)(d) of the
Regional Forest Agreement (Land
Classification) Act 1998, declared to be
reserved land in the class of
conservation area and taken to have
been so declared under the National
Parks and Wildlife Act 1970; and
6
2004 Aboriginal Lands Amendment No. s. 8
(b) is taken to be reserved land in the
corresponding class under the Nature
Conservation Act 2002 -
ceases to be reserved land.
(3) The areas of land on Cape Barren Island
that were, under section 10(3)(b) of the Regional
Forest Agreement (Land Classification) Act 1998,
reserved to the Crown as public reserves and taken
to have been so reserved under the Crown Lands Act
1976 cease to be public reserves.
(4) This section has effect notwithstanding
section 11(5) and section 21 of the Nature
Conservation Act 2002.
Schedule 3 amended (Land Vested in the Council)
8. Schedule 3 to the Principal Act is amended by inserting
after
13 Wybalenna 4807
the following items:
14 Cape Barren Island 6457
15 Clarke Island 5135
16 Goose Island 4883
7
s. 9 No. Aboriginal Lands Amendment 2004
PART 3 - CROWN LANDS ACT 1976 AMENDED
Principal Act
9. In this Part, the Crown Lands Act 1976* is referred to
as the Principal Act.
Section 35B inserted
10. After section 35A of the Principal Act, the following
section is inserted in Division 3:
Compensation payable on vesting of certain
land to Aboriginal Land Council of Tasmania
35B. (1) The Minister, on the written application of
a lessee of prescribed land which is vested in the
Aboriginal Land Council of Tasmania under section
27(1) of the Aboriginal Lands Act 1995, may approve
an improvement which was carried out by the lessee
on that land before the date on which the land
became so vested.
(2) An application referred to in subsection (1)
is to be made within 6 months after the date of the
vesting of the land to which the application relates.
(3) The Minister is to pay to the lessee of the
land referred to in subsection (1) compensation for
an improvement approved by the Minister which
was carried out on that land by the lessee for the
purposes for which the lease was granted.
(4) The compensation payable under
subsection (3) is to be such amount as is determined
by the Director-General on the recommendation of
*No. 28 of 1976
8
2004 Aboriginal Lands Amendment No. s. 10
the Valuer-General to be the fair and reasonable
value of the improvements.
(5) A lessee who is aggrieved by the amount of
compensation payable under this section may apply
to the Magistrates Court (Administrative Appeals
Division) for a review of the determination of the
amount of compensation.
(6) For the purposes of this section -
"LIST" means the Land Information System
Tasmania administered by the
Department;
"prescribed land" means land on Cape
Barren Island that is leased for rural
purposes and identified by property
identification numbers 7664256 and
6432613 contained in the LIST.
9
s. 11 No. Aboriginal Lands Amendment 2004
PART 4 - MISCELLANEOUS
Transfer of Crown land to M Summers
11. (1) The land described in the folio of the Register
Volume 142363 Folio 1 is vested in Morton Lyell Summers
of Long Beach Road, Cape Barren Island in Tasmania.
(2) Subject to subsection (3), the provisions of the
Crown Lands Act 1976 do not apply to the land described
in subsection (1).
(3) Section 16(2), (3) and (4) and section 54(1) of the
Crown Lands Act 1976 apply to the land described in
subsection (1).
10 Government Printer, Tasmania