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Wild Rivers (Environmental Management) Bill 2011 (No. 2)

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7079

2010-2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Wild Rivers (Environmental Management) Bill 2011

 

 

(1)     Clause 4, page 4 (lines 7 to 15), omit the clause, substitute:

             (3)  In particular, it is the intention of the Parliament that this Act protect the rights of traditional owners of Aboriginal land within wild river areas to own, use, develop and control that land.

[objects]

(2)     Clause 5, page 4 (line 20), before “The”, insert “(1)”.

[consequential - agreement of owner]

(3)     Clause 5, page 4 (after line 22), at the end of the clause, add:

             (2)  For the purposes of this Act, an agreement with native title holders in respect of native title land is taken to be an agreement with the owner.

[agreement of owner]

(4)     Page 4 (after line 33), after clause 6, insert:

6A  Dispute resolution

             (1)  For the avoidance of doubt, any dispute arising under this Act in relation to the making of an agreement or the identity of an owner is governed by section 203BF of the Native Title Act 1993 .

             (2)  Any dispute arising under this Act with an owner as defined in this Act that is not governed by the Native Title Act 1993 is to be governed by a dispute resolution process specified in the regulations.

[dispute resolution]

(5)     Clause 7, page 5 (line 7), omit “6 months”, substitute “12 months”.

[transitional]

(6)     Clause 7, page 5 (line 7), after “Act”, insert “or after a further period of 6 months if the Minister determines that an extension of time is warranted under the circumstances”.

[transitional]

(7)     Clause 8, page 5 (line 13), omit paragraph (2)(a), substitute:

                     (a)  for resolving disputes with an owner under this Act; and

[regulations]

(8)     Clause 8, page 5 (line 14), omit “; and”, substitute “.”

[consequential - regulations]

(9)     Clause 8, page 5 (line 15), omit paragraph (2)(c).

[regulations]

(10)   Clause 8, page 5 (lines 16 to 18), omit paragraph (2)(d).

[regulations]