Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See subsection 4(2A).
The boundaries of the land to be held by the Anindilyakwa Land Trust are the areas of Groote Eylandt and Bickerton Island and every other island wholly within the area bounded by the lines commencing at a point latitude 13 degrees 30 minutes south and longitude 136 degrees 15 minutes east; thence east by the parallel of latitude 13 degrees 30 minutes south to its intersection with the meridian of longitude 137 degrees east; thence south by the meridian of longitude 137 degrees east to its intersection with the parallel of latitude 14 degrees 30 minutes south; thence west by the parallel of latitude 14 degrees 30 minutes south to its intersection with the meridian of longitude 136 degrees 20 minutes east; thence north westerly to a point of latitude 13 degrees 47 minutes 30 seconds south and longitude of 136 degrees 3 minutes east; thence north easterly to the point of commencement.
Part 2 -- Application and transitional provisions
206 Application--audit reports
Land Councils
(1) Paragraph 193X(1)(ca) of the Aboriginal and Torres Strait Islander Act 2005 , as inserted by item 1, applies in relation to the activities or operations of a Land Council carried out after the commencement of that item.
Persons receiving certain amounts under section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976
(2) Paragraph 193X(1)(cb) of the Aboriginal and Torres Strait Islander Act 2005 , as inserted by item 1, applies in relation to amounts received by a body corporate or other person after the commencement of that item (including amounts received under a determination made before that commencement).
(3) However, for amounts received under subsection 35(3) of the Aboriginal Land Rights (Northern Territory) Act 1976 in accordance with an agreement mentioned in that subsection, the agreement must also have been made after that commencement.
Persons receiving amounts under subsection 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976
(4) Paragraph 193X(1)(cc) of the Aboriginal and Torres Strait Islander Act 2005 , as inserted by item 1, applies in relation to amounts received by an individual or organisation after the commencement of that item.
208 Application--transfers of land between Land Trusts
The amendments made by items 42 and 49 apply in relation to transfers made after the commencement of those items.
209 Application--Land Trust grants of estates or interests in land
Ministerial consent for grants of estate or interests by Land Trust
(1) The amendment made by item 43 applies in relation to grants of estates or interests after the commencement of that item.
Land Trust authorisations
(2) The amendment made by item 45 applies in relation to grants of estates or interests either before or after the commencement of that item.
210 Application--entry into contracts
The amendment made by item 60 applies in relation to contracts entered into after the commencement of that item.
211 Transitional--Land Council delegations
(1) For the purposes of subsection 28(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 , the power of a Land Council to give consent under section 40 of that Act (as in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987 ) is not delegable under that subsection.
(2) For the purposes of subsection 28(3) of the Aboriginal Land Rights (Northern Territory) Act 1976 , the power of a Land Council to give consent under section 40 of that Act (as in force immediately before the commencement of the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 3) 1987 ) is delegable under that subsection.
212 Application--disclosure of pecuniary interests by Land Council members
The amendment made by item 67 applies in relation to interests arising before or after the commencement of that item.
213 Application--Land Council committees
Appointments
(1) The amendments made by item 68 and item 70 (in so far as it inserts subsections 29A(2) and (3) of the Aboriginal Land Rights (Northern Territory) Act 1976 ) apply in relation to committees appointed after the commencement of those items.
Minutes
(2) Subsection 29A(6) of the Aboriginal Land Rights (Northern Territory) Act 1976 and subsection 29A(7) of that Act (in so far as it relates to minutes of committee meetings), as inserted by item 70, apply in relation to meetings held after the commencement of that item.
214 Application--minutes of Land Council meetings
The amendment made by item 73 applies in relation to meetings held after the commencement of that item.
215 Application and transitional--Land Council may charge fees for services
(1) The amendment made by item 74 applies in relation to services provided after the commencement of that item.
(2) Despite the repeal of subsection 48J(5) of the Aboriginal Land Rights (Northern Territory) Act 1976 made by item 162, that subsection continues to apply after the commencement of that item in relation to a payment made after that commencement under an agreement made before that commencement.
216 Application--estimates of Land Council costs
(1) The amendments made by items 75, 77 and 80 apply in relation to estimates submitted after the commencement of those items.
(2) The amendments made by items 78 and 79 apply in relation to financial years beginning on or after the commencement of those items.
217 Application--application of moneys of Land Council
The amendments made by items 81, 84, 89, 93, 95, 98 and 181 apply in relation to financial years beginning on or after the commencement of those items.
218 Transitional--amounts held in trust under subsection 35(7) of the Aboriginal Land Rights (Northern Territory) Act 1976
(1) If, immediately before the commencement of this item, an amount is held by a Land Council in trust under subsection 35(7) of the Aboriginal Land Rights (Northern Territory) Act 1976 , the Council must, as soon as practicable after that commencement, pay the amount to the bodies concerned.
(2) Subsection 35(11) of that Act applies in relation to the payment (which is about the payment of interest).
(3) Subitem (1) applies despite subsection 35(9) of that Act.
219 Transitional--amounts held in trust for a body covered by subsection 35(12) of the Aboriginal Land Rights (Northern Territory) Act 1976
(1) If, immediately before the commencement of this item, an amount is held by a Land Council in trust under section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976 for a body covered by subsection 35(12) of that Act, the Council must, as soon as practicable after that commencement, pay the amount to the body.
(2) Subsection 35(11) of that Act applies in relation to the payment (which is about the payment of interest).
(3) Subitem (1) applies despite subsection 35(9) of that Act.
220 Application--Land Council determinations under section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976
Section 35A of the Aboriginal Land Rights (Northern Territory) Act 1976 , as inserted by item 101, applies in relation to determinations made after the commencement of that item.
221 Transitional--old Land Council determinations under section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976 of limited effect
A determination of a Land Council:
(a) made under subsection 35(2) or (3) of the Aboriginal Land Rights (Northern Territory) Act 1976 before this item commences; and
(b) that is in force immediately before the end of the period of 5 years beginning on the day on which this item commences;
has no effect after the end of that period in relation to moneys paid to the Council after the end of that period.
222 Application--spending of money received from Land Council under the Aboriginal Land Rights (Northern Territory) Act 1976
(1) Sections 35B and 35C of the Aboriginal Land Rights (Northern Territory) Act 1976 , as inserted by item 101, apply in relation to amounts received by a body corporate after the commencement of that item (including amounts received under a determination made before that commencement).
(2) However, for amounts received under subsection 35(3) of that Act in accordance with an agreement mentioned in that subsection, the agreement must also have been made after that commencement.
223 Application--Land Council annual report
Section 37 of the Aboriginal Land Rights (Northern Territory) Act 1976 , as inserted by item 102, applies in relation to financial years ending after the commencement of that item.
224 Application and transitional--mining
Applications for consent to grant of exploration licence
(1) The amendments made by items 104, 108, 109 and 119 apply in relation to applications made under subsection 41(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 after the commencement of those items.
(2) The amendment made by item 111 applies in relation to decisions made by a Land Council after the commencement of that item.
(3) The amendment made by item 116 applies in relation to decisions made by the Minister after the commencement of that item.
(4) If:
(a) within the period of 12 months before the commencement of this item, an application was made under section 41 of the Aboriginal Land Rights (Northern Territory) Act 1976 ; and
(b) immediately before that commencement, the Land Council had not made a decision in relation to the application under subsection 42(1) of that Act;
then subsections 42(13) to (20) of that Act, as inserted by this Act, are taken to apply in relation to the application.
(5) If:
(a) outside the period of 12 months before the commencement of this item, an application was made under section 41 of the Aboriginal Land Rights (Northern Territory) Act 1976 ; and
(b) before that commencement, the applicant and the Land Council concerned had agreed to a period (the agreed period ) under paragraph 42(13)(b) of that Act; and
(c) the day before that commencement was within the agreed period and before the end of that day the Land Council had not made a decision in relation to the application under subsection 42(1) of that Act;
then:
(d) subject to paragraph (e), subsections 42(13) to (20) of that Act, as inserted by this Act, are taken to apply in relation to the application; and
(e) on the day this item commences, the applicant and the Land Council concerned are taken to have agreed (under paragraph 42(13)(b) of that Act as inserted by this Act) to a 2 year extension beginning on the day this item commences.
(6) If:
(a) outside the period of 12 months before the commencement of this item, an application was made under section 41 of the Aboriginal Land Rights (Northern Territory) Act 1976 ; and
(b) before that commencement, the Minister had determined a period (the determined period ) under paragraph 42(13)(c) of that Act; and
(c) the day before that commencement was within the determined period and before the end of that day the Land Council had not made a decision in relation to the application under subsection 42(1) of that Act;
then:
(d) subject to paragraph (e), subsections 42(13) to (20) of that Act, as inserted by this Act, are taken to apply in relation to the application; and
(e) on the day this item commences, the applicant and the Land Council concerned are taken to have agreed (under paragraph 42(13)(c) of that Act as inserted by this Act) to a 12 month extension beginning on the day this item commences.
Consent to negotiate
(7) The amendments made by items 106 and 107 apply in relation to consents given by the Northern Territory Mining Minister (referred to in subsection 41(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 ) after the commencement of those items.
Notification of decisions to consent or refuse to consent to grant of exploration licence
(8) The amendment made by item 112 applies in relation to consents, or refusals to consent, to the grant of an exploration licence that occur after the commencement of that item.
Cancellation of exploration licence
(9) Subsection 47(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 , as inserted by item 132, applies to consents given before or after the commencement of that item.
(10) If:
(a) a Land Council had given a notice under paragraph 47(1)(b) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as in force before the commencement of this item); and
(b) immediately before the commencement of this item, the Minister had not made a decision as to whether subsection 47(2) of that Act applied;
then:
(c) the Minister is taken to have received a notice from the Land Council under paragraph 47(1)(b) of that Act (as in force after the commencement of this item); and
(d) the Minister is taken to have received the notice on the day the Minister received it under paragraph 47(1)(b) of that Act (as in force before the commencement of this item).
Cancellation of mining interest
(11) If:
(a) an intending miner had sent a statement to the Minister under subsection 46(2) of the Aboriginal Land Rights (Northern Territory) Act 1976 (as in force before the commencement of this item); and
(b) immediately before the commencement of this item, the Minister had not made a decision as to whether subsection 47(4) of that Act applied;
then:
(c) the Minister is taken to have received a statement from the intending miner as mentioned in subsection 47(3) of that Act (as in force after the commencement of this item); and
(d) the Minister is taken to have received the statement on the day the Minister received it under subsection 46(2) of that Act (as in force before the commencement of this item).
Refusals to consent to grant of exploration licence
(12) The amendments made by items 134, 136, 137, 139, 140, 142 and 144 apply in relation to refusals to consent to the grant of an exploration licence that occur after the commencement of those items.
225 Application--acting Aboriginal Land Commissioner
The amendment made by item 171 applies in relation to appointments made either before or after the commencement of that item.
226 Application and transitional--Aboriginals Benefit Account
Payments from the Account
(1) The amendments made by items 173 and 174 apply in relation to determinations made under subsection 64(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 in a financial year beginning on or after the commencement of those items.
(2) The amendment made by item 179 applies in relation to payments made under subsection 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 after the commencement of that item.
Transitional
(3) If, before the commencement of this item, a Land Council submitted estimates, under subsection 34(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 , for a financial year beginning on or after that commencement, paragraph 64(1)(b) of that Act does not apply to determinations of the Minister under subsection 64(1) of that Act in that year in relation to the Council.
227 Application--Account Advisory Committee
Subsection 65(6) of the Aboriginal Land Rights (Northern Territory) Act 1976 , as inserted by item 186, applies in relation to appointments or elections made after the commencement of that item.
228 Application--traditional land claims
(1) Subparagraph 67A(6)(b)(ii) and subsections 67A(7), (8) and (9) of the Aboriginal Land Rights (Northern Territory) Act 1976 , as inserted by item 192, apply in relation to applications made before the commencement of that item.
(2) The amendment made by item 193 applies in relation to grants of estates or interests made after the commencement of that item in relation to applications referred to in paragraph 50(1)(a) of the Aboriginal Land Rights (Northern Territory) Act 1976 made before that commencement.
229 Transitional--existing loan conditions continue in operation
If:
(a) a loan was made under subsection 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 before the commencement of this item; and
(b) there are conditions of the loan in force immediately before that commencement;
then those conditions continue to apply after that commencement.
230 Transitional--rules for Land Council meetings
Rules of a Land Council made under subsection 31(7) of the Aboriginal Land Rights (Northern Territory) Act 1976 that were in force immediately before the commencement of this item continue to have effect after that commencement as if they had:
(a) been made under that subsection as in force after that commencement; and
(b) been approved by the Minister under subsection 31(7B) of that Act as in force after that commencement.
231 Transitional--Land Council delegations
(1) A delegation of a Land Council in force under subsection 28(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 immediately before the commencement of this item in relation to:
(a) the Chair or another member of the Council; or
(b) a member of the staff of the Council;
has effect, after that commencement, as if it had been made under that subsection after that commencement.
(2) A delegation of a Land Council in force under subsection 28(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 immediately before the commencement of this item, in relation to a committee appointed under section 29A of that Act, has effect, after that commencement, as if it had been made under subsection 28(2) of that Act after that commencement.
232 Transitional--Ministerial delegations
A delegation in force under subsection 76(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 immediately before the commencement of this item has effect, after that commencement, as if it had been made under that subsection after that commencement.
233 Transitional regulations
The Governor - General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments made by this Act.
Part 3 -- Review of mining provisions
234 Review of mining provisions
(1) The Minister must cause an independent review of the operation of Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976 to be undertaken as soon as practicable after the fifth anniversary of the commencement of this item.
(2) The persons who undertake such a review must give the Minister a written report of the review.
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.