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Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Bill 2010

Schedule 5 Acquisition of rights, titles and interests in land

   

Northern Territory National Emergency Response Act 2007

1  Before Division 1 of Part 4

Insert:

Division 1A Preliminary

30A   Object of Part

                   The object of this Part is to enable special measures to be taken to:

                     (a)  improve the delivery of services in Indigenous communities in the Northern Territory; and

                     (b)  promote economic and social development in those communities.

2  After subsection 35(2)

Insert:

          (2A)  Subject to subsection (2D), the Commonwealth is entitled to use, and to permit the use of, land covered by a lease granted under section 31 for any use the Commonwealth considers is consistent with the fulfilment of the object of this Part and is not entitled to use, or to permit the use of, the land for any other use.

          (2B)  Subject to subsection (2D), subsection (2A) does not entitle the Commonwealth to engage in, or to permit, exploration or mining in respect of land covered by a lease granted under section 31.

          (2C)  For the purposes of subsection (2B), exploration and mining have the same meanings as in the Mining Act of the Northern Territory.

Note:          The reference to the Mining Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

          (2D)  Subsections (2A) and (2B) do not limit Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 .

3  At the end of subsection 35(5)

Add:

Note:          The Commonwealth must have regard to the matters specified in the guidelines in force under subsection 35A(2) in exercising a power under this subsection.

4  After section 35

Insert:

35A   Guidelines for exercise of powers under subsection 35(5)

             (1)  In exercising a power under subsection 35(5), the Commonwealth must have regard to the matters specified in the guidelines in force under subsection (2) of this section.

             (2)  The Minister must, by legislative instrument, make guidelines specifying matters for the purposes of subsection (1).

             (3)  Subsection (1) does not prevent the Commonwealth from having regard to other matters in exercising a power under subsection 35(5).

5  After section 36

Insert:

36A   Administering leases

             (1)  In administering a lease granted under section 31, regard must be had to the body of traditions, observances, customs and beliefs of Indigenous persons generally, or of a particular group of Indigenous persons, as those traditions, observances, customs and beliefs apply in relation to the land covered by the lease.

             (2)  Subsection (1) does not prevent regard being had to other matters in administering a lease granted under section 31.

             (3)  In this section:

administering a lease includes exercising a power under subsection 35(5) in relation to the lease.

6  At the end of Subdivision A of Division 1 of Part 4

Add:

37A   Negotiations on terms and conditions of another lease

             (1)  The relevant owner of land leased under section 31 may request the Commonwealth to enter into negotiations with the relevant owner on the terms and conditions of another lease covering all or a part of that land.

             (2)  If the relevant owner makes a request under subsection (1), then, while the Commonwealth considers that the Commonwealth may be the lessee of that other lease, the Commonwealth must engage in negotiations in good faith with the relevant owner on those terms and conditions.

             (3)  The Commonwealth may invite one or more of the following to participate in those negotiations:

                     (a)  the Northern Territory;

                     (b)  an authority of the Commonwealth;

                     (c)  an authority of the Northern Territory;

                     (d)  any other person or body.

The Commonwealth may invite a person or body under this subsection only if the Commonwealth considers that the person or body may be the lessee of that other lease.

Note 1:       Subsections 37(7) and (8) and subsection 52(3) deal with the termination or variation of a lease of land granted under section 31 if a lease of all or a part of the land is granted under section 19 or 19A of the Aboriginal Land Rights (Northern Territory) Act 1976 .

Note 2:       Subsections 35(6) and (7) allow the Commonwealth to vary or terminate a lease of land granted under section 31. One of those provisions could be used if another lease is granted.

7  Application

(1)       Subsection 35(2A) of the Northern Territory National Emergency Response Act 2007 , as inserted by this Schedule, applies in relation to the use of land on or after the commencement of this item (whether the leases were granted under section 31 of that Act before, on or after that commencement).

(2)       Section 35A of the Northern Territory National Emergency Response Act 2007 , as inserted by this Schedule, applies in relation to the exercise of powers on or after the commencement of that section (whether the leases were granted under section 31 of that Act before, on or after that commencement).

(3)       Section 36A of the Northern Territory National Emergency Response Act 2007 , as inserted by this Schedule, applies in relation to the administering of leases on or after the commencement of this item (whether the leases were granted under section 31 of that Act before, on or after that commencement).

(4)       Section 37A of the Northern Territory National Emergency Response Act 2007 , as inserted by this Schedule, applies in relation to requests made on or after the commencement of this item (whether the leases were granted under section 31 of that Act before, on or after that commencement).