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Friday, 1 May 1987
Page: 2427

The Bill.

Amendments (by Mr HOLDING)-by leave- put:

(1) Clause 15, page 10, line 10, omit subclause (6).

(2) Clause 15, page 10, line 11, omit ``approves'', substitute ``receives a copy of''.

(3) Clause 15, page 10, lines 14 and 15, omit ``giving the approval'', substitute ``receipt by the Minister''.

(4) Clause 16, page 11, lines 2 and 3, omit ``determining an application for permission to carry on mining operations'', substitute ``considering the making of a declaration under paragraph 30 (2) (c)''.

(5) Clause 18, page 11, lines 37 and 38, omit ``if, and only if, a declaration under paragraph (1) (a) is in force in relation to the person'', substitute ``or a body created by the Corporation if, and only if, a declaration in force under paragraph (1) (a) so declares''.

(6) Clause 18, page 11, line 40, after ``Corporation'' insert ``or a body created by that Corporation''.

(7) Clause 19, page 12, lines 5 to 11, omit paragraphs (a) and (b), substitute the following paragraphs:

``(a) by force of this Act, that interest in the Condah land is, subject to paragraph (b), vested in the Commonwealth on trust for the benefit of the Aboriginal people of Victoria; and

(b) the Governor-General shall, to the extent of that interest, execute a deed of grant of an estate in the Condah land:

(i) to another Aboriginal group which is approved by the Minister and is incorporated under the Aboriginal Councils and Associations Act 1976 and the members of which are the descendants of the Kerrup-Jmara Clan; or

(ii) if there is no group as described in subparagraph (i)-to any appropriate Aboriginal group in Victoria which is incorporated under that Act.''.

(8) Clause 23, page 14, line 18, omit subclause (6).

(9) Clause 23, page 14, line 19, omit ``approves'', substitute ``receives a copy of''.

(10) Clause 23, page 14, lines 22 and 23, omit ``giving the approval'', substitute ``receipt by the Minister''.

(11) Clause 24, page 15, lines 9 and 10, omit ``determining an application for permission to carry on mining operations'', substitute ``considering the making of a declaration under paragraph 30 (2) (c)''.

(12) Clause 27, page 16, lines 19 and 20, omit ``if, and only if, a declaration under paragraph (1) (a) is in force in relation to the person'', substitute ``or a body created by that Corporation if, and only if, a declaration in force under paragraph (1) (a) so declares''.

(13) Clause 28, page 16, lines 25 to 32, omit paragraphs (a) and (b), substitute the following paragraphs:

``(a) by force of this Act, that interest in Framlingham Forest is, subject to paragraph (b), vested in the Commonwealth on trust for the benefit of the Aboriginal people of Victoria; and

(b) the Governor-General shall, to the extent of that interest, execute a deed of grant of an estate in Framlingham Forest:

(i) to another Aboriginal group which is approved by the Minister and is incorporated under the Aboriginal Councils and Associations Act 1976 and the members of which are the descendants of the Kirrae Whurrong (Pertobe) Clan; or

(ii) if there is no group as described in subparagraph (i)-to any appropriate Aboriginal group in Victoria which is incorporated under that Act.''.

(14) Clause 30, page 17, omit the clause, substitute the following clause:

Mining operations

``30. (1) Subject to subsection (2), a person shall not, under the authority of a mining tenement that has been granted, renewed or extended on or after the day of vesting:

(a) carry out any mining operation on the relevant land; or

(b) enter the relevant land for the purpose of carrying out any mining operation.

Penalty:

(a) for an offence against paragraph (1) (a):

(i) if the person is a natural person-$5,000; or

(ii) if the person is a body corporate-$25,000; or

(b) for an offence against paragraph (1) (b):

(i) if the person is a natural person-$1,000; or

(ii) if the person is a body corporate-$5,000.

``(2) Subsection (1) does not apply in relation to anything done with respect to relevant land if:

(a) the Corporation has granted the necessary permission under section 31;

(b) the Minister has declared in writing that he or she is satisfied that the Corporation was given a reasonable opportunity to make submissions to the relevant Minister of the Crown of the State of Victoria about the conditions on which the grant, renewal or extension of the mining tenement should be made; and

(c) if section 34 applies-the Minister has declared in writing that he or she is satisfied that any registered sacred or significant site has been appropriately protected.

(15) Clause 33, page 19, lines 19 to 23, omit subclauses (2) and (3), substitute the following subclauses:

``(2) If, at the end of the conciliation proceedings, the conciliation is unsuccessful, the applicant and the Corporation shall, within 60 days thereafter, appoint an arbitrator to review the decision of the Corporation.

``(3) If:

(a) the applicant and the Corporation are unable to appoint an arbitrator within that period; and

(b) the applicant requests the Minister to appoint an arbitrator,

the Minister shall appoint an arbitrator, being a person whom the Minister considers to be in a position to deal with the matter impartially.''.

(16) Clause 35, page 20, omit the clause.

(17) Clause 37, page 21, line 13, omit ``35'', substitute ``30''.