KENBI LAND TRUST BILL 2011 Explanatory Statement

Northern Territory Explanatory Statements

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KENBI LAND TRUST BILL 2011

2011

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

CHIEF MINISTER

KENBI LAND TRUST BILL

SERIAL NO. 175

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill facilitates the grant of land identified for possible future development of the northwest area of Cox Peninsula to a Land Trust, the Kenbi Land Trust. It enables the land to be held by a Land Trust, without extinguishment of native title, until such time as the land is required for development.

The Bill also provides for grant of the land to the Land Trust under provisions of the Crown Lands Act by the Minister with responsibility for that Act, and provides for some restrictions on dealing with the land.
Because the precise boundaries of the land to be granted to the Kenbi Land Trust are currently being surveyed, the Bill describes the land to be granted to the Land Trust as within the area recommended for grant by the Aboriginal Land Commissioner and it is more fully described in the Regulations.

NOTES ON CLAUSES

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Kenbi Land Trust Act 2011.

Clause 2. Commencement

Provides that the Bill when passed will commence on a date fixed by the Administrator in the Gazette.

Clause 3. Definitions

Provides for a list of definitions to assist in interpretation.

Clause 4. Act Binds the Crown

Provides that the act binds the Crown in right of the Northern Territory, and, to the extent possible, the Crown in all its other capacities.

Clause 5 Relationship with other Laws

Makes it clear that the Kenbi Land Trust Act will prevail over other Territory legislation, but must be read consistently with the Commonwealth Aboriginal Land Rights (Northern Territory) Act 1976, and Native Title Act (1993).

Clause 6 Establishment

Establishes the Kenbi Land Trust as a legal entity with perpetual succession.

Clause 7 Common seal of Trust

Provides for the common seal to be kept by a member of the NLC.

Clause 8 Functions

Sets out the functions of the Kenbi Land Trust.

Clause 9 Membership

Sets out membership requirements for the Kenbi Land Trust.

Clause 10 Grant of Kenbi freehold title

Authorises the Minister with responsibility for the Crown Lands Act to grant freehold title to the Kenbi Land Trust.

Clause 11 Conditions for granting Kenbi freehold title

Specifies pre-conditions to the grant of freehold title to the Kenbi Land Trust, including a condition that there is one or more Indigenous Land Use Agreements in relation to the prescribed land.

Clause 12 Exercise of power not impeachable for informality or irregularity

Provides that exercise of the Minister’s power will not fail if the procedures specified in the act are not strictly followed, provided that the power was exercised in good faith.

Clause 13 Dealings etc. with land by the Trust

Establishes the manner in which the Kenbi Land Trust can deal with the freehold title granted to it under the Act.

Clause 14 Non Extinguishment Principle under NTA

Provides that the non-extinguishment principle under the Native Title Act applies to the freehold title under this Act, until such time as the title is sold or developed.

Clause 15 Involvement of NLC

Provides that the NLC may do all things necessary or convenient for performing its functions under the Act.

Clause 16 Regulations

Provides that the Administrator may make regulations under the Act.

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