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Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Emergency Response Consolidation) Bill 2007

Schedule 4 Land rights

   

Aboriginal Land Rights (Northern Territory) Act 1976

1  Section 20E

Repeal the section, substitute:

20E   Appointment to be full-time or part-time

                   The Executive Director may be appointed on a full-time basis or on a part-time basis.

2  Section 20H

Repeal the section, substitute:

20H   Restrictions on outside employment

Full-time Executive Director

             (1)  If the Executive Director is appointed on a full-time basis, he or she must not engage in paid employment outside the duties of his or her office without the Minister’s approval.

Part-time Executive Director

             (2)  If the Executive Director is appointed on a part-time basis, he or she must not engage in any paid employment that conflicts or may conflict with the proper performance of his or her duties.

3  Section 20K

Repeal the section, substitute:

20K   Leave of absence

Full-time Executive Director

             (1)  If the Executive Director is appointed on a full-time basis:

                     (a)  he or she has the recreation leave entitlements that are determined by the Remuneration Tribunal; and

                     (b)  the Minister may grant the Executive Director leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

Part-time Executive Director

             (2)  If the Executive Director is appointed on a part-time basis, the Minister may grant leave of absence to the Executive Director on the terms and conditions that the Minister determines.

4  Section 20M

Repeal the section, substitute:

20M   Termination of appointment

             (1)  The Governor-General may terminate the appointment of the Executive Director for misbehaviour or physical or mental incapacity.

             (2)  The Governor-General must terminate the appointment of the Executive Director if:

                     (a)  the Executive Director:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the Executive Director is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  the Executive Director is appointed on a full-time basis and engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or

                     (d)  the Executive Director is appointed on a part-time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or

                     (e)  the Executive Director fails, without reasonable excuse, to comply with section 20N.

5  Subsection 20Y(1)

Repeal the subsection, substitute:

             (1)  If a person has the statutory rights under section 20W or 20X:

                     (a)  if the person is the Commonwealth—the Minister may, on behalf of the Commonwealth, permit, in writing, a person or persons to exercise some or all of the statutory rights in relation to the whole or a part of the construction area; or

                     (b)  in any other case—the person may permit, in writing, a person or persons to exercise some or all of the statutory rights in relation to the whole or a part of the construction area.

6  Section 20ZA

Repeal the section, substitute:

20ZA   Variation of initial area

                   If a person has the statutory rights under section 20W or 20X:

                     (a)  if the person is the Commonwealth—the Minister, on behalf of the Commonwealth, and the Land Council concerned may agree in writing to vary the initial area in a specified way; or

                     (b)  in any other case—the person and the Land Council concerned may agree in writing to vary the initial area in a specified way.

7  Subsection 20ZE(1)

Repeal the subsection, substitute:

             (1)  If a person has the statutory rights under section 20W or 20X:

                     (a)  if the person is the Commonwealth—the Minister may, on behalf of the Commonwealth, by writing, determine that the buildings or infrastructure is no longer required by the Commonwealth; or

                     (b)  in any other case—the person may, by writing, determine that the buildings or infrastructure is no longer required by the person.

8  Subsection 20ZJ(1)

Repeal the subsection, substitute:

             (1)  If a person has the statutory rights under section 20ZH or 20ZI:

                     (a)  if the person is the Commonwealth—the Minister may, on behalf of the Commonwealth, permit, in writing, a person or persons to exercise some or all of the statutory rights in relation to the whole or a part of the construction area; or

                     (b)  in any other case—the person may permit, in writing, a person or persons to exercise some or all of the statutory rights in relation to the whole or a part of the construction area.

9  Section 20ZL

Repeal the section, substitute:

20ZL   Variation of initial area

                   If a person has the statutory rights under section 20ZH or 20ZI:

                     (a)  if the person is the Commonwealth—the Minister, on behalf of the Commonwealth, and the Land Council concerned may agree in writing to vary the initial area in a specified way; or

                     (b)  in any other case—the person and the Land Council concerned may agree in writing to vary the initial area in a specified way.

10  Subsection 20ZP(1)

Repeal the subsection, substitute:

             (1)  If a person has the statutory rights under section 20ZH or 20ZI:

                     (a)  if the person is the Commonwealth—the Minister may, on behalf of the Commonwealth, by writing, determine that the buildings or infrastructure is no longer required by the Commonwealth; or

                     (b)  in any other case—the person may, by writing, determine that the buildings or infrastructure is no longer required by the person.

11  At the end of paragraphs 23(1)(a), (b), (ba), (c), (d), (e), (ea), (f) and (fa)

Add “and”.

12  After paragraph 23(1)(fa)

Insert:

                    (fb)  if a lease of land in the area of the Land Council is or has been granted under section 31 of the Northern Territory National Emergency Response Act 2007 by a Land Trust—to represent the Land Trust in relation to negotiations to agree on an amount to be paid to the Land Trust under subsection 62(1G) of that Act in relation to that grant; and

                    (fc)  if a lease of land in the area of the Land Council is or has been granted under section 31 of the Northern Territory National Emergency Response Act 2007 by the relevant owner of the land (within the meaning of paragraph (b) or (f) of the definition of relevant owner in section 3 of that Act)—to represent that relevant owner, if requested to do so, in relation to negotiations to agree on an amount to be paid to that relevant owner under subsection 62(1G) of that Act in relation to that grant; and

                    (fd)  if a lease of land in the area of the Land Council is or has been suspended under section 40 of the Northern Territory National Emergency Response Act 2007 —to represent the holder of the lease, if requested to do so, in relation to negotiations to agree on an amount to be paid to that holder under subsection 62(1G) of that Act in relation to that suspension; and

13  At the end of subsection 23(1)

Add:

             ; and (i)  such other functions as are prescribed by the regulations.

14  After section 33A

Insert:

33B   Land Council may charge other fees

             (1)  A Land Council may charge the Commonwealth a fee for the reasonable expenses incurred by the Council in performing functions referred to in paragraph 23(1)(fb), (fc) or (fd).

             (2)  A Land Council may charge the Commonwealth a fee for the reasonable expenses incurred by the Council in providing services prescribed by the regulations for the purposes of this subsection.

             (3)  The fee must not be such as to amount to taxation.

             (4)  Nothing in this section prevents a Land Council charging the Commonwealth a fee under section 33A.

15  Paragraph 34(1A)(a)

After “33A”, insert “or 33B”.

16  Subsection 34(4) (after paragraph (a) of the definition of administrative costs )

Insert:

                    (aa)  expenses for which the Council may charge a fee under section 33B; and

17  Paragraph 35(1)(b)

After “33A”, insert “or 33B”.

18  Subsection 35(4)

Omit “or under a lease or licence under section 19 or 20 but not including a payment under section 64”, substitute “, under a lease or licence under section 19 or 20 or in accordance with section 60 or 62 of the Northern Territory National Emergency Response Act 2007 but not including a payment under section 33A, 33B or 64 of this Act”.

19  At the end of subsection 37(2)

Add:

             ; and (c)  the total fees the Council received under section 33B during that year.

20  Subsection 70F(2)

After “section 19”, insert “(other than a lease granted to the Director)”.

21  After section 70H

Insert:

70J   No limit on the Environment Protection and Biodiversity Conservation Act 1999

                   Nothing in sections 70B to 70G limits the regulation, under the Environment Protection and Biodiversity Conservation Act 1999 or regulations under that Act, of activities carried out in relation to land leased to the Director.

22  After subsection 76(1)

Insert:

          (1A)  The Minister may, in writing, delegate any of the Minister’s functions or powers under Part IIB to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee or acting SES employee in the Department; or

                     (c)  the Secretary of any other Department of the Commonwealth; or

                     (d)  an SES employee or acting SES employee in any other Department of the Commonwealth; or

                     (e)  the General Manager of Indigenous Business Australia appointed under section 168 of the Aboriginal and Torres Strait Islander Act 2005 .

Northern Territory National Emergency Response Act 2007

23  Subsection 52(8)

Repeal the subsection.

24  At the end of subsection 63(1)

Add:

                    ; (f)  an amount that is payable by the Commonwealth under section 33B of the Aboriginal Land Rights (Northern Territory) Act 1976 .