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Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Bill 2007

Schedule 5 Miscellaneous

   

Aboriginal Land Rights (Northern Territory) Act 1976

1  After subsection 19A(1)

Insert:

          (1A)  If an approved entity is the Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989 ), the Commonwealth or authority is authorised to acquire a lease under this section.

2  Subsection 19A(8)

Repeal the subsection, substitute:

Transfer of lease

             (8)  A lease granted under this section may be transferred to another approved entity:

                     (a)  with the written approval of the Minister; and

                     (b)  in accordance with the terms and conditions of the lease.

An approval under paragraph (a) is not a legislative instrument.

          (8A)  The Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989 ) is authorised to:

                     (a)  transfer a lease granted under this section in accordance with subsection (8); or

                     (b)  acquire a lease that is transferred in accordance with subsection (8).

3  At the end of section 19A

Add:

           (16)  The Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989 ) is authorised to acquire, or grant, a sublease of a lease granted under this section in accordance with the terms and conditions of the lease.

Licences

           (17)  This section does not prevent the lessee of a lease granted under this section from granting a licence in relation to land covered by the lease.

           (18)  The Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989 ) is authorised to acquire, or grant, a licence in relation to land covered by a lease granted under this section in accordance with the terms and conditions of the lease.

4  Paragraph 70(2C)(a)

Repeal the paragraph, substitute:

                     (a)  the land (the relevant land ) the person entered or remained on is part of land (the leased land ) that is leased under:

                              (i)  section 19A; or

                             (ii)  section 31 of the Northern Territory National Emergency Response Act 2007 ; and

5  Subsection 70(8)

Repeal the subsection, substitute:

             (8)  A reference in this section to an estate or interest in Aboriginal land includes a reference to:

                     (a)  a licence granted under section 19; and

                     (b)  a licence granted by the lessee of a lease granted under section 19A; and

                     (c)  a licence granted by a sublessee of a sublease of a lease referred to in paragraph (b); and

                     (d)  a licence of a kind prescribed by the regulations for the purposes of this paragraph; and

                     (e)  the statutory rights a person has under section 20W, 20X, 20ZH or 20ZI or a person may exercise under section 20Y or 20ZJ.

6  Subsection 71(3)

Repeal the subsection, substitute:

             (3)  A reference in this section to an estate or interest in Aboriginal land includes a reference to:

                     (a)  a licence granted under section 19; and

                     (b)  a licence granted by the lessee of a lease granted under section 19A; and

                     (c)  a licence granted by a sublessee of a sublease of a lease referred to in paragraph (b); and

                     (d)  a licence of a kind prescribed by the regulations for the purposes of this paragraph; and

                     (e)  the statutory rights a person has under section 20W, 20X, 20ZH or 20ZI or a person may exercise under section 20Y or 20ZJ.

Northern Territory National Emergency Response Act 2007

7  Subsection 35(1)

After “52”, insert “of this Act or sections 70C to 70G of the Aboriginal Land Rights (Northern Territory) Act 1976 ”.