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Aboriginal Land Rights (Northern Territory) Amendment Bill (No. 2) 1997
Schedule 1 Amendment of the Aboriginal Land Rights (Northern Territory) Act 1976

   

1  Subsection 67A(5)

Omit “A traditional”, substitute “Subject to subsection (6), a traditional”.

2  At the end of paragraphs 67A(5)(a) and (b)

Add “or”.

3  Paragraph 67A(5)(c)

Repeal the paragraph, substitute:

                     (c)  the Commissioner informs the Minister, in the Commissioner’s report to the Minister in respect of the claim:

                              (i)  that the Commissioner finds that there are no Aboriginals who are the traditional Aboriginal owners of the area of land; or

                             (ii)  that the Commissioner is unable to make a finding that there are Aboriginals who are the traditional Aboriginal owners of the area of land; or

4  At the end of section 67A

Add:

             (6)  If:

                     (a)  an application has been made under section 50 by or on behalf of Aboriginals claiming to have a traditional land claim to an area of land; and

                     (b)  either:

                              (i)  the application was made after 5 June 1997; or

                             (ii)  subsection 50(2D) applies to the application;

the traditional land claim, in so far as it relates to that area of land, is taken to have been finally disposed of.

Note:          Subparagraph (b)(i) relates to subsection 50(2A), which prevents Commissioners considering applications relating to traditional land claims made after the expiration of 10 years after the commencement of that subsection. That subsection commenced on 5 June 1987.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(85/97)