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Wednesday, 1 December 1976


Mr Les Johnson (HUGHES, NEW SOUTH WALES) - I move:

Omit the clause, substitute the following clause:

70.   ( 1 ) Subject to this section, an Aboriginal is entitled to enter and remain upon Aboriginal land if his presence on that land would not interfere with the use or enjoyment of an estate or interest in the land held by a person, not being a Land Trust or an Aboriginal Council.

(2)   Subject to this Act and except as otherwise provided by the regulations, a person other than an Aboriginal shall not enter or remain on Aboriginal land unless he is the holder of a permit, in writing, issued to him by or on behalf of the Land Council for the area in which the land is situated.

Penalty: $1,000.

(3)   Before the making of regulations for the purposes of sub-section (2), the Minister shall consult any Land Council in the area of which is situated any Aboriginal land to which the regulations, if made, would apply and shall, when considering the making of die regulations, take into account any views on the matter expressed by the Land Council.

(4)   A person who is on Aboriginal land (whether in accordance with a permit or not), other than a person who is on the land in accordance with regulations under sub-section (2) or in accordance with paragraph (S) (a) or is one of the traditional Aboriginal owners of the land, may be required to leave that land by a person authorised on that behalf by the Land Council for the area in which the land is situated, and the person on whom such a requirement is made shall comply with the requirement within a reasonable time.

Penalty: $1,000.

(5)   Where a person, other than a Land Trust or an Aboriginal Council, has an estate or interest in Aboriginal land-

(a)   a person is entitled to enter and remain on the land for any purpose that is necessary for the use or enjoyment of that estate or interest by the owner;

(b)   a permit shall not be issued to a person under subsection (2) with respect to the land if the presence of the person on the land would interfere with the use or enjoyment of that estate or interest by the owner; and

(c)   a permit issued under sub-section (2) with respect to the land shall be expressed to impose on the holder of the permit a condition that he will not interfere with the use or enjoyment of that estate or interest by the owner.

(6)   The holder of a permit to enter and remain on Aboriginal land shall comply with any condition referred to in paragragh (S)(c) or otherwise imposed on him as such older by the issuing authority.

Penalty: $1,000.

(7)   In proceedings for an offence against sub-section (2) or (4) it is a defence if the person charged proves-

(a)   in the case of an offence against sub-section (2)-that-

(i)   his entry or remaining on the land was due to necessity; and

(ii)   it was not practicable to apply for the necessary permit; or

(b)   in the case of an offence against sub-section (4)- that his remaining on the land was due to circumstances outside his control.

(8)   Notwithstanding the preceding provisions of this section, the law of the Northern Territory relating to travelling stock on pastoral leases applies to and in relation to Aboriginal land used for pastoral purposes'.

The amendment concerns permits to enter Aboriginal land. Something has been said about this matter. If more time were given to debate the amendment the Committee would be able to get the issue into much sharper perspective. In view of the time available to me I can only express concern that again the Woodward recommendations have been disregarded and that the Aboriginal people will be administered by a Darwin-based bureaucracy as against operating the permit system through their own council structure.

Amendment negatived.

Clause agreed to.

Proposed new clause 70a.







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