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Wednesday, 1 December 1976
Page: 3071


Mr BRYANT (Wills) -We would like to record the amendment even if we do not speak to it. I move:

Omit the clause, substitute the following clause: "23. ( 1 ) The functions of a Land Council are-

(a)   to administer Aboriginal land in its area that is held by Land Trusts;

(b)   where the Land Council holds in escrow a deed of grant of land made to a Land Trust under section 12-

(i)   to negotiate with persons having estates or interests in that land with a view to the acquisition of those estates or interests by the Land Trust; and

(ii)   until those estates or interests have been so acquired, to negotiate with those persons with a view to the use by Aboriginals of the land in such manner as may be agreed between the Land Council and those persons;

(c)   to negotiate, on behalf of traditional Aboriginal owners of land in its area held by a Land Trust, being those owners as shown in the register maintained by the Council under section 24, and any other Aboriginals interested in the land, with persons desiring to use, occupy or obtain an interest in that land;

(d)   to investigate, and to make representations concerning

(i)   the requirements for land of Aboriginals living in its area;

(ii)   the use, whether by means of the acquisition of an interest or otherwise, by Aboriginals of Crown land in its area in which no person (other than the Crown) has an estate or interest; and

(iii)   priorities in the expenditure of public moneys in connexion with the acquisition or development of land in its area for the benefit of Aboriginals;

(e)   to compile and keep-

(i)   a register recording the names of the members of the Land Council; and

(ii)   a register recording the names of the members of the Land Trusts holding, or established to hold, Aboriginal land in its area and descriptions of each area of such Aboriginal land;

(f)   to co-operate with, and assist, the Land Commissioner in exercising his functions and powers in connexion with land in its area;

(g)   to issue, and revoke, permits to persons, other than Aboriginals, entitling them to enter and remain on Aboriginal land in its area and to impose conditions to be complied with by holders of permits so issued; and

(h)   to supervise, and provide administrative assistance for, Land Trusts holding or established to hold, Aboriginal land in its area. "(2 ) In carrying out its functions with respect to any Aboriginal land in its area, a Land Council shall have regard to the interests of, and, where practicable, shall consult with, the traditional Aboriginal owners of the land as shown in the register maintained by the Council under section 24 and any other Aboriginals interested in the land and, in particular, shall not give a direction under section 27 to a Land Trust with respect to any matter in connexion with land held by that Land Trust unless the Land Council is satisfied that-

(a)   the persons (if any) shown in the Register maintained by the Council under section 24 as the traditional Aboriginal owners of that land understand the nature and purpose of the proposed direction and do not oppose it; and

(b)   any Aboriginal community or group that may be affected by the proposed direction has been consulted and has had adequate opportunity to express its view to the Land Council. "(3) Where a Land Council issues or revokes a permit to enter and remain on Aboriginal land in the area of an Aboriginal Council, the Land Council shall notify the Aboriginal Council, in writing, of-

(a)   where a permit is issued-

(i)   the fact that a permit has been issued with respect to land in the area of the Aboriginal Council;

(ii)   the particulars of the person to whom the permit is issued; and

(iii)   the conditions (if any) to be complied with by the holder of the permit; or

(b)   where a permit is revoked-

(i)   the fact that a permit with respect to land in the area of the Aboriginal Council has been revoked; and

(ii)   the particulars of the person who was the holder of the permit.".

Amendment negatived.

Clause agreed to.

Clause 24.

A Land Council shall compile, and maintain, a register setting out-

(a)   the names of the persons who, in the opinion of the Council, are the traditional Aboriginal owners of Aboriginal land in the area of the Land Council; and

(b)   in relation to each group of traditional Aboriginal owners, a map or other references showing the sites belonging to them.







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