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Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Bill 2021

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1477

2019-2021

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Bill 2021

 

 

(1)     Clause 2, page 2 (at the end of the table), add:

9.  Schedule 5

The day after this Act receives the Royal Assent.

 

[consent of traditional Aboriginal owners]

(2)     Schedule 3, item 25, page 70 (lines 29 and 30), omit “it is satisfied that”.

[consent of traditional Aboriginal owners]

(3)     Schedule 3, item 25, page 71 (lines 14 and 15), subsection 12D(7) to be opposed .

[consent of traditional Aboriginal owners]

(4)     Page 78 (after line 18), at the end of the Bill, add:

Schedule 5 Ensuring the consent of traditional Aboriginal owners etc.

   

Aboriginal Land Rights (Northern Territory) Act 1976

1  Subsection 11A(3)

Omit “it is satisfied that”.

2  Subsection 11A(6)

Repeal the subsection.

3  Subsection 19(5)

Omit “the Land Council is satisfied that”.

4  Subsection 19(6)

Repeal the subsection, substitute:

             (6)  If:

                     (a)  a Land Council gives a direction for a proposed grant, transfer or surrender of an estate or interest in land; and

                     (b)  the person to whom the grant, transfer or surrender was made procured the direction of the Land Council by fraud;

the grant, transfer or surrender is invalid.

5  Subsection 19A(2)

Omit “it is satisfied that”.

6  Subsection 19A(3)

Repeal the subsection, substitute:

             (3)  If:

                     (a)  a Land Council gives a direction for a grant of a lease; and

                     (b)  the approved entity to whom the grant was made procured the direction of the Land Council by fraud;

the grant is invalid.

7  Subsection 21E(2)

Omit “the Council is satisfied that”.

8  Subsection 23(3)

Omit “the Land Council is satisfied that”.

9  Subsection 28(4)

Repeal the subsection.

10  Paragraphs 42(6)(a) and (b)

Omit “it is satisfied that”.

11  Paragraphs 43(2)(a) to (c)

Repeal the paragraphs, substitute:

                     (a)  it has, as far as practicable, consulted the traditional Aboriginal owners (if any) of the land concerning the terms and conditions; and

                     (b)  the traditional Aboriginal owners understand the nature and purpose of the terms and conditions and, as a group, consent to them; and

                     (c)  it has, as far as practicable, consulted any other Aboriginal community or group that may be affected by the grant of the licence concerning the terms and conditions; and

                     (d)  the community or group has had an adequate opportunity to express its views to the Land Council; and

                     (e)  the terms and conditions are reasonable.

12  Paragraphs 46(4)(a) to (c)

Repeal the paragraphs, substitute:

                     (a)  it has, as far as practicable, consulted the traditional Aboriginal owners (if any) of the land concerning the terms and conditions; and

                     (b)  the traditional Aboriginal owners understand the nature and purpose of the terms and conditions and, as a group, consent to them; and

                     (c)  it has, as far as practicable, consulted any other Aboriginal community or group that may be affected by the grant of the mining interest concerning the terms and conditions; and

                     (d)  the community or group has had an adequate opportunity to express its view to the Land Council; and

                     (e)  the terms and conditions are reasonable.

13  Subsection 48A(4)

Omit “it is satisfied that”.

14  Subsection 48D(3)

Repeal the subsection.

15  Subsection 67B(3)

Omit “it is satisfied that”.

16  Subsection 67B(5)

Repeal the subsection.

17  Subsection 68(2)

Omit “the Land Council is satisfied that”.