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Indigenous Affairs Legislation Amendment Bill 2008

Schedule 2 Acquisition of rights, titles and interests in land

   

Northern Territory National Emergency Response Act 2007

1  Subsection 35(2)

Omit “section 62”, substitute “subsection 62(5)”.

2  Subsections 38(1) and (2)

Repeal the subsections, substitute:

             (1)  The following have effect despite section 67A of the Aboriginal Land Rights (Northern Territory) Act 1976 (which is about land subject to traditional land claims):

                     (a)  the grant to the Commonwealth, under section 31 of this Act, of the lease of Canteen Creek (as described in clause 65 of Schedule 1 to this Act);

                     (b)  the grant by the Commonwealth, under subsection 35(5) of this Act, of any estate or interest in Canteen Creek (as so described).

             (2)  Except as set out in this section, the grant of a lease of land, or an estate or interest in land, referred to in paragraph (1)(a) or (b) does not affect any application, made under paragraph 50(1)(a) of the Aboriginal Land Rights (Northern Territory) Act 1976 in relation to that land, that has not been finally disposed of immediately before the lease, or the grant of the estate or interest, takes effect.

3  Subsection 38(3)

After “lease”, insert “referred to in paragraph (1)(a)”.

4  Subsection 47(2)

Omit “land has been resumed or forfeited”, substitute “land has been resumed, or a lease in respect of that land has been forfeited,”.

5  At the end of subsection 52(1)

Add:

Note:          The Land Trust for land covered by a lease granted under section 31 may also grant, in respect of the land, an interest of a kind prescribed by the regulations (see subsection (4A)).

6  After subsection 52(4)

Insert:

Grants of interests by a Land Trust under section 19 if prescribed by regulations

          (4A)  Despite the grant of a lease of Aboriginal land under section 31, the Land Trust for the land may, in accordance with section 19 of the Aboriginal Land Rights (Northern Territory) Act 1976 , grant an interest (including a licence but not including a lease) of a kind prescribed by the regulations for the purposes of this section.

7  Subsection 52(5)

Repeal the subsection, substitute:

No other dealings authorised

             (5)  To avoid doubt, subsections (1) and (4A) do not authorise a Land Trust to deal with an estate or interest in land covered by a lease granted under section 31, other than by granting a lease or an interest as referred to in those subsections.

8  Paragraphs 53(1)(c), 54(1)(c), 58(1)(c) and 59(1)(c)

Omit “land resumed or forfeited”, substitute “land that has been resumed, or land in respect of which a lease has been forfeited,”.

9  Paragraph 61(a)

Omit “section 62”, substitute “subsection 62(5)”.

10  Before subsection 62(1)

Insert:

Agreement on amounts in respect of leases granted under section 31

          (1A)  The Commonwealth Minister and the relevant owner (the other party ) (not being the Northern Territory) of land that is covered by a lease granted under section 31 may agree in writing on an amount to be paid by the Commonwealth to the other party.

          (1B)  The payment of the amount agreed under subsection (1A) may be made as a one-off payment, or a periodic payment while the lease is in force, as agreed by the Commonwealth Minister and the other party.

          (1C)  Before the Commonwealth Minister and the other party agree on an amount under subsection (1A), the Commonwealth Minister may request the Valuer-General (appointed under section 5 of the Valuation of Land Act of the Northern Territory) to determine an indicative amount for the purposes of subsection (1A).

Agreement on amounts in respect of lease terminated under paragraph 37(1)(b)

          (1D)  The Commonwealth Minister and the person (the other party ) who held a lease of land that is terminated under paragraph 37(1)(b) may agree in writing on an amount to be paid as a one-off payment by the Commonwealth to the other party.

Agreement on amounts in respect of leases suspended under section 40

           (1E)  The Commonwealth Minister and the person (the other party ) who holds a lease of land that is suspended under section 40 may agree in writing on an amount to be paid by the Commonwealth to the other party.

           (1F)  The payment of the amount agreed under subsection (1E) may be made as a one-off payment, or a periodic payment while the lease is suspended, as agreed by the Commonwealth Minister and the other party.

General provisions relating to payment of agreed amounts

          (1G)  The Commonwealth must pay the other party the amount agreed under subsection (1A), (1D) or (1E).

          (1H)  If the other party is not represented by a Land Council (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 ) in relation to negotiations to agree on an amount under subsection (1A), (1D) or (1E), the Commonwealth must pay the reasonable expenses incurred in representing the other party in relation to the negotiations.

Note 1:    The heading to section 62 is altered by omitting “ rent ” and substituting “ agreed amounts or rent etc. ”.

Note 2:    The following heading to subsection 62(1) is inserted “ Payment of rent ”.

11  Subsection 62(2)

After “Commonwealth Minister”, insert “under subsection (1C) or (1)”.

Note:       The following heading to subsection 62(2) is inserted “ General provisions relating to requests for valuation ”.

12  Subsection 62(3)

Omit “under this section”, substitute “under subsection (1C) or (1)”.

13  Subsection 62(4)

Omit “subsection (1)”, substitute “subsection (1C) or (1)”.

14  Subsection 62(5)

After “Valuer-General”, insert “under subsection (1)”.