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1998-1999-2000
THE PARLIAMENT
OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
EXPLANATORY
MEMORANDUM
(Circulated by the authority of the
Minister for Aboriginal
and Torres Strait Islander Affairs, Senator the
Honourable John Herron)
ISBN: 0642 435553
ABORIGINAL LAND RIGHTS (NORTHERN
TERRITORY)
AMENDMENT BILL (No. 3) 2000
OUTLINE
This bill makes provision for the following amendment
to the Aboriginal Land Rights (Northern Territory) Act 1976 (the
principal Act):
• Allow land over which a public right of
way has ceased to exist to be granted to an Aboriginal Land Trust that holds
contiguous Aboriginal land under Schedule 1 of the principal
Act.
FINANCIAL IMPACT STATEMENT
The amendment is not
expected to have any financial impact.
NOTES ON
CLAUSES
Clause 1 - Short title
This clause
provides that the Act may be cited as the Aboriginal Land Rights (Northern
Territory) Amendment Act (No. 3) 2000.
Clause 2 -
Commencement
This clause provides that the Act will commence on the
day on which it receives the Royal Assent.
Clause 3 - Establishes
Schedule of Amendments as follows:
Item 1. - Item 1
would amend subsection 11(1AF) of the Aboriginal Land Rights (Northern
Territory) Act 1976 (the principal Act) by deleting the reference to roads
over which the public has a right of way. This is consequential upon Item
2.
Item 2. – Item 2 would insert a new section 11B into the
principal Act which would allow the Minister to recommend that the
Governor-General grant an estate in fee simple to an Aboriginal Land Trust if a
public right of way has ceased to exist over Schedule 1 land which is contiguous
to land held by that Land Trust. This corrects an anomaly in the principal Act
whereby only non Schedule 1 land can be granted to a Land Trust that holds
contiguous land when a previously existing right of way has ceased to
exist.
Items 3 and 4. - Items 3 and 4 are consequential upon Item
2.
Item 5. – Item 5 would insert a new subsection 12(3B)
which would exclude non Schedule 1 land from this amendment. This is
consequential upon Item 2.