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Page: 115
Bill returned from the Senate with amendments.
Senate’s amendments—
(1) Clause 3A, page 4 (after line 7), after subclause (1), insert:
(1A) The Chief Minister of the Northern Territory must not nominate land under subsection (1) unless the Chief Minister has, at least 3 months before making the nomination, given written notice to the Land Council for the area in which the land is situated of the Chief Minister’s intention to nominate the land.
(2) Clause 3B, page 4 (after line 27), after paragraph (1)(f), insert:
(fa) if the land is nominated by the Chief Minister of the Northern Territory and there is a registered native title claimant (within the meaning of the Native Title Act 1993) in relation to the land or any part of it—contain evidence of the consent to the nomination by the claimant; and
(fb) if:
(i) the land is nominated by the Chief Minister of the Northern Territory; and
(ii) the land or any part of it is the subject of an application of the kind mentioned in paragraph 50(1)(a) of the Aboriginal Land Rights (Northern Territory) Act 1976 that was made before 5 June 1997; and
(iii) the traditional land claim the subject of that application has not been finally disposed of;
contain evidence of the matters mentioned in subsection (1B); and
(3) Clause 3B, page 5 (after line 11), after subclause (1), insert:
(1A) The reference in paragraph (1)(f) to persons holding interests in land includes any registered native title body corporate (within the meaning of the Native Title Act 1993) in relation to the land or any part of it.
(1B) For the purposes of paragraph (1)(fb), the nomination must contain evidence that:
(a) the Land Council for the area in which the land is situated has consulted with the traditional Aboriginal owners of the land; and
(b) the traditional Aboriginal owners understand the nature and effect of the proposed nomination and the things that might be done on or in relation to the land under this Act if the Minister approves the nomination; and
(c) the traditional Aboriginal owners as a group have consented to the nomination being made (that consent as a group being determined in accordance with section 77A of the Aboriginal Land Rights (Northern Territory) Act 1976); and
(d) the Land Council has consulted with any Aboriginal community or group that may be affected by the proposed nomination and the community or group has had adequate opportunity to express its view to the Land Council, and that the Chief Minister of the Northern Territory has considered any such view.
That the amendments be considered immediately.