Commonwealth: Aboriginal Land Rights (Northern Territory) Amendment Act 2006 (Cth)

Aboriginal Land Rights (Northern Territory) Amendment Act 2006 Act No. 93 of 2006 as amended This compilation was prepared on 6 July 2007 [This Act was amended by Act No. 121 of 2007] Amendments from Act No. 121 of 2007 [Schedule 2 (item 2) amended item 111 of Schedule 1 Schedule 2 (item 3) amended item 224(3) of Schedule 1 Schedule 2 (items 2 and 3) commenced immediately after 1 July 2007] Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Part 1—Amendments Aboriginal and Torres Strait Islander Act 2005 Aboriginal Land Rights (Northern Territory) Act 1976 Part 2—Application and transitional provisions Part 3—Review of mining provisions An Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976, and for other purposes [Assented to 5 September 2006] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Aboriginal Land Rights (Northern Territory) Amendment Act 2006. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 5 September 2006 2. Schedule 1, items 1 to 4 A single day to be fixed by Proclamation. 1 October 2006 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2006L03153) 3. Schedule 1, items 4A to 4C A single day to be fixed by Proclamation. 1 July 2007 (see F2007L01930) 4. Schedule 1, item 8 At the same time as the provision(s) covered by table item 2. 1 October 2006 5. Schedule 1, item 9 At the same time as the provision(s) covered by table item 3. 1 July 2007 6. Schedule 1, items 10 and 11 At the same time as the provision(s) covered by table item 2. 1 October 2006 8. Schedule 1, items 13 to 15 At the same time as the provision(s) covered by table item 2. 1 October 2006 9. Schedule 1, item 16 The day on which this Act receives the Royal Assent. 5 September 2006 10. Schedule 1, items 17 to 33 At the same time as the provision(s) covered by table item 2. 1 October 2006 11. Schedule 1, item 34 The day on which this Act receives the Royal Assent. 5 September 2006 12. Schedule 1, items 35 to 71 At the same time as the provision(s) covered by table item 2. 1 October 2006 13. Schedule 1, item 72 The day on which this Act receives the Royal Assent. 5 September 2006 14. Schedule 1, items 73 to 99 At the same time as the provision(s) covered by table item 2. 1 October 2006 15. Schedule 1, item 100 On the day after the end of the period of 12 months beginning on the day on which this Act receives the Royal Assent. 5 September 2007 16. Schedule 1, items 101 to 103 At the same time as the provision(s) covered by table item 2. 1 October 2006 17. Schedule 1, items 104 to 158 At the same time as the provision(s) covered by table item 3. 1 July 2007 18. Schedule 1, items 159 to 162 At the same time as the provision(s) covered by table item 2. 1 October 2006 19. Schedule 1, items 163 and 164 The day on which this Act receives the Royal Assent. 5 September 2006 20. Schedule 1, items 165 to 201 At the same time as the provision(s) covered by table item 2. 1 October 2006 21. Schedule 1, item 202 At the same time as the provision(s) covered by table item 3. 1 July 2007 22. Schedule 1, items 203 and 204 At the same time as the provision(s) covered by table item 2. 1 October 2006 23. Schedule 1, item 205 The day on which this Act receives the Royal Assent. 5 September 2006 24. Schedule 1, item 206 At the same time as the provision(s) covered by table item 2. 1 October 2006 26. Schedule 1, items 208 to 218 At the same time as the provision(s) covered by table item 2. 1 October 2006 27. Schedule 1, item 219 On the day after the end of the period of 12 months beginning on the day on which this Act receives the Royal Assent. 5 September 2007 28. Schedule 1, items 220 to 223 At the same time as the provision(s) covered by table item 2. 1 October 2006 29. Schedule 1, item 224 At the same time as the provision(s) covered by table item 3. 1 July 2007 30. Schedule 1, items 225 to 231 At the same time as the provision(s) covered by table item 2. 1 October 2006 31. Schedule 1, item 232 At the same time as the provision(s) covered by table item 3. 1 July 2007 32. Schedule 1, item 233 At the same time as the provision(s) covered by table item 2. 1 October 2006 33. Schedule 1, item 234 At the same time as the provision(s) covered by table item 3. 1 July 2007 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Part 1—Amendments Aboriginal and Torres Strait Islander Act 2005 1 After paragraph 193X(1)(c) Insert: (ca) when requested to do so by the Minister—to evaluate or audit the activities or operations of a Land Council (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976); and (cb) when requested to do so by the Minister—to evaluate or audit the activities or operations of any body corporate or other person that has received an amount: (i) under a determination under subsection 35(2), (3) or (6) of the Aboriginal Land Rights (Northern Territory) Act 1976; or (ii) under subsection 35(3) of that Act in accordance with an agreement mentioned in that subsection; or (iii) under subsection 35(4) of that Act that the Land Council concerned has advised, under subsection 35(4A) of that Act, is an accountable amount; or (iv) under subsection 35(4B) of that Act; or (v) under subsection 35(11) of that Act in relation to an amount covered by subparagraph (i), (ii), (iii) or (iv) of this paragraph; or (vi) under subsection 67B(6) of that Act that the Land Council concerned has advised, under subsection 67B(7) of that Act, is an accountable amount; but only to the extent that the evaluation or audit concerns that amount or the income or other benefit derived from that amount; and (cc) when requested to do so by the Minister—to evaluate or audit the activities of any individual or organisation that has received an amount under subsection 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976, but only to the extent that the evaluation or audit concerns that amount or the income or other benefit derived from that amount; and Aboriginal Land Rights (Northern Territory) Act 1976 1A Subsection 3(1) Insert: approved entity means a Commonwealth entity or an NT entity. 2 Subsection 3(1) Insert: Commonwealth Electoral Roll means the Rolls kept under the Commonwealth Electoral Act 1918. 2A Subsection 3(1) Insert: Commonwealth entity means a person approved by the Minister under section 3AAA. 3 Subsection 3(1) Insert: Electoral Commissioner has the same meaning as in the Commonwealth Electoral Act 1918. 4 Subsection 3(1) Insert: excludable matter means any of the following: (a) a matter relating to a member of the staff of a Land Council or to any other person assisting a Land Council in the performance of its functions or in the exercise of its powers; (b) a matter involving personal hardship suffered by a person; (c) a trade secret or other information having a commercial value the disclosure of which would, or could reasonably be expected to, affect a person adversely in respect of the person's lawful business, professional, commercial or financial affairs; (d) any matter the divulging or communicating of which is prohibited by section 23E; (e) information the disclosure of which would found an action for breach of confidence; (f) information of such a nature that it would be privileged from being disclosed in legal proceedings on the ground of legal professional privilege; (g) information the disclosure of which would, or could reasonably be expected to, prejudice the enforcement or proper administration of the law; (h) a matter affecting the security of a Land Council, its members, its staff or its property; (i) information that is considered sacred or otherwise significant by a particular group of Aboriginals, the disclosure of which would be inconsistent with the views or sensitivities of those Aboriginals. 4A Subsection 3(1) (definition of exploration retention lease) Repeal the definition. 4B Subsection 3(1) Insert: exploration retention licence means an exploration retention licence granted under a law of the Northern Territory relating to mining for minerals and includes a retention licence granted under the Petroleum Act of the Northern Territory as amended from time to time. 4BA Subsection 3(1) (subparagraph (a)(ii) of the definition of intending miner) Omit "exploration retention lease or exploration retention licence, or has made an application for the grant of such a lease or licence", substitute "exploration retention licence, or has made an application for the grant of an exploration retention licence". 4C Subsection 3(1) (definition of mining interest) Omit "exploration retention lease", substitute "exploration retention licence". 8 Subsection 3(1) Insert: NT entity means a person approved by the Chief Minister of the Northern Territory under subsection 3AA(1). 9 Subsection 3(1) (definition of petroleum) Repeal the definition, substitute: petroleum has the meaning given by subsection 5(1) of the Petroleum Act of the Northern Territory. 10 Subsection 3(1) Insert: qualifying area means an area that: (a) is wholly included in the area of a Land Council; or (b) is partly included in the area of one Land Council and partly included in the area of one or more other Land Councils. 11 Subsection 3(1) Insert: township, in relation to a Land Trust, has the meaning given by section 3AB. 13 After section 3 Insert: 3AAA Approval of Commonwealth entities The Minister may, by writing, approve a person for the purposes of the definition of Commonwealth entity in subsection 3(1). Note: Paragraph 22(1)(a) of the Acts Interpretation Act 1901 provides that person includes a body corporate or body politic. 3AA Approval of NT entities (1) The Chief Minister of the Northern Territory may, by writing, approve a person for the purposes of the definition of NT entity in subsection 3(1). Note: Paragraph 22(1)(a) of the Acts Interpretation Act 1901 provides that person includes a body corporate or body politic. Executive authority (2) If an NT entity is the Northern Territory, a Minister of the Northern Territory, on behalf of that entity, may: (a) enter into a lease under section 19A; and (b) exercise all the powers of a lessee (including granting a sublease). (3) The power of the Legislative Assembly of the Northern Territory under the Northern Territory (Self‑Government) Act 1978 in relation to the making of laws extends to the making of laws providing for the establishment and operation of an authority or body for the purpose of the authority or body being approved under subsection (1) of this section. 3AB Townships (1) For the purposes of this Act, township, in relation to a Land Trust (the applicable Land Trust), means either of the following 2 types of areas of Aboriginal land vested in that Land Trust. Areas applicable to all Land Trusts (2) The first type is an area of land that is of a kind prescribed by the regulations, for the purposes of this subsection, in relation to all Land Trusts. Areas applicable to that Land Trust (3) The second type is an area of land that is prescribed by the regulations, for the purposes of this subsection, in relation to the applicable Land Trust only. 14 Subsection 4(1) After "permission, and", insert ", subject to subsections 10(1) and (2),". 15 After subsection 4(1AA) Insert: (1AB) To avoid doubt, the Minister may establish a Land Trust under subsection (1) for the purpose of it holding land that is to be transferred to it under subsection 19(4). (1AC) If: (a) the Minister establishes a Land Trust (the new Land Trust) under subsection (1) for the purpose of it holding land that is to be transferred to it under subsection 19(4) by another Land Trust; and (b) the other Land Trust advises the Minister in writing that it is no longer going to transfer the land; the Minister may, by written notice, abolish the new Land Trust. 16 After subsection 4(2) Insert: Anindilyakwa Land Trust (2A) An Aboriginal Land Trust with the name "Anindilyakwa Land Trust" is established by this subsection. The boundaries of the land to be held by the Land Trust are set out in Schedule 6. Note: Section 12AAB deals with the grant of land to the Land Trust. 17 Before subsection 4(3) Insert: Varying Land Trust boundaries (2B) The Minister may, by notice published in the Gazette, vary the boundaries of the land to be held by a Land Trust: (a) because of a determination under subsection 10(2AA) or subparagraph 11(1)(c)(ii), (1AD)(d)(ii) or (1AE)(c)(ii); or (b) because of a proposed transfer under subsection 19(4). The variation takes effect on the day, or on the occurrence of an event, specified in the notice. Note 1: The following heading to subsection 4(3) is inserted "Legal status of Land Trust". Note 2: The following heading to subsection 4(4) is inserted "Common seal of Land Trust". 18 Subsections 4(5) and (5A) Repeal the subsections, substitute: (5) The common seal of a Land Trust is to be affixed to a document only with a written authority signed by: (a) if the Trust consists of 4 or more members—at least 3 of those members; or (b) if the Trust consists of 3 members—at least 2 of those members. Note: Section 7 deals with the membership of a Land Trust. 19 At the end of section 4 Add: Notices are not legislative instruments (7) A notice under subsection (1), (1AC) or (2B) is not a legislative instrument. 20 Subsection 7(7) Omit "3", substitute "5". 21 Paragraph 10(1)(a) Repeal the paragraph, substitute: (a) either: (i) a Land Trust has been established in respect of land constituting, or included within, an area of land described in Schedule 1; or (ii) the Minister has, under subsection (2AA), determined that a specified existing Land Trust should hold a specified area of land described in Schedule 1; and 22 Paragraph 10(2)(a) Repeal the paragraph, substitute: (a) either: (i) a Land Trust has been established in respect of land constituting, or included within, an area of land described in Schedule 1; or (ii) the Minister has, under subsection (2AA), determined that a specified existing Land Trust should hold a specified area of land described in Schedule 1; and 23 After subsection 10(2) Insert: (2AA) The Minister may, by a determination in writing, specify an existing Land Trust, and an area of land described in Schedule 1, for the purposes of subparagraph (1)(a)(ii) or (2)(a)(ii). The determination is not a legislative instrument. 24 Paragraph 11(1)(b) Repeal the paragraph, substitute: (b) the Minister is satisfied that the land (the divisible land), or a part (also the divisible land) of the land, should be granted to one or more new or existing Land Trusts so that each Land Trust holds the land granted to it for the benefit of Aboriginals who are the relevant Aboriginals in relation to the land granted to it; 25 Paragraphs 11(1)(c), (d) and (e) Repeal the paragraphs, substitute: (c) do either or both of the following: (i) establish the one or more Land Trusts under section 4; (ii) make a determination in writing specifying the one or more existing Land Trusts; that are to hold the divisible land or parts of the divisible land for the benefit of Aboriginals who are the relevant Aboriginals in relation to the divisible land or the parts of the divisible land; and (d) if the divisible land or a part of the divisible land proposed to be held by a Land Trust referred to in paragraph (c) is not, and does not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust; and (e) if the divisible land or a part of the divisible land proposed to be held by a Land Trust referred to in paragraph (c) is, or includes, alienated Crown land: (i) ensure that the estates and interests in that land or part of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and (ii) after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust. 26 Subsection 11(1AA) Omit ", being further action involving the establishment of a Land Trust that is, or Land Trusts each of which is, different from the Land Trust or from any of the Land Trusts established by the first‑mentioned action". 27 Paragraph 11(1AD)(c) After "all the land", insert "(the recommended land)". 28 Paragraph 11(1AD)(c) Omit "(in this subsection referred to as relevant recommendations)". 29 Paragraphs 11(1AD)(d), (e) and (f) Repeal the paragraphs, substitute: (d) do either or both of the following: (i) establish one or more Land Trusts under section 4; (ii) make a determination in writing specifying one or more existing Land Trusts; that are to hold the recommended land or a part or parts of the recommended land for the benefit of Aboriginals who are the relevant Aboriginals in relation to the recommended land or the part or parts of the recommended land; and (e) if the recommended land or a part of the recommended land proposed to be held by a Land Trust referred to in paragraph (d) is not, and does not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust; and (f) if the recommended land or a part of the recommended land proposed to be held by a Land Trust referred to in paragraph (d) is, or includes, alienated Crown land: (i) ensure that the estates and interests in that land or part of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and (ii) after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in that land or part be made to that Land Trust. 30 Paragraphs 11(1AE)(c), (d) and (e) Repeal the paragraphs, substitute: (c) do either of the following: (i) establish a single Land Trust under section 4; (ii) make a determination in writing specifying a single existing Land Trust; that is to hold those areas or those parts of those areas for the benefit of Aboriginals who are the relevant Aboriginals in relation to those areas or parts; and (d) if those areas or those parts of those areas are not, and do not include, alienated Crown land—recommend to the Governor‑General that a grant of an estate in fee simple in those areas or parts be made to the Land Trust; and (e) if those areas or those parts of those areas are, or include, alienated Crown land: (i) ensure that the estates and interests in those areas or parts of persons (other than the Crown) are acquired by the Crown by surrender or otherwise; and (ii) after any acquisition referred to in subparagraph (i) has been effected, recommend to the Governor‑General that a grant of an estate in fee simple in those areas or parts be made to that Land Trust. 31 Subsection 11(5) Omit "paragraph (1)(e)", substitute "paragraph (1)(d) or (e)". 32 Subsection 11(5) Omit "(1AD)(f) or (1AE)(e)", substitute "(1AD)(e) or (f) or (1AE)(d) or (e)". 33 At the end of section 11 Add: (6) A determination under subparagraph (1)(c)(ii), (1AD)(d)(ii) or (1AE)(c)(ii) is not a legislative instrument. 34 After section 12AAA Insert: 12AAB Grant of land to Anindilyakwa Land Trust etc. Immediate grant of land to Anindilyakwa Land Trust (1) The Governor‑General may: (a) execute a deed of grant to the Anindilyakwa Land Trust of an estate in fee simple in so much of the land in the area of the Anindilyakwa Land Council as was included in any Arnhem Land type 1 deed (regardless of whether the deed also included other land); and (b) deliver it to the Anindilyakwa Land Trust. The deed of grant is not a legislative instrument. Note: See subsection (9) for the definition of Arnhem Land type 1 deed. Delayed grant of land to Anindilyakwa Land Trust (2) The Governor‑General may: (a) execute a deed of grant to the Anindilyakwa Land Trust of an estate in fee simple in so much of the land in the area of the Anindilyakwa Land Council as was included in any Arnhem Land type 2 deed; and (b) deliver it to the Anindilyakwa Land Council on the condition that the Council hold it in escrow and deliver it to the Anindilyakwa Land Trust when all of the estates and interests in that land held by a person (other than the Crown) have come to an end, whether by surrender to the Crown or otherwise. The deed of grant is not a legislative instrument. Note: See subsection (9) for the definition of Arnhem Land type 2 deed. Application of other provisions of this Act (3) The provisions of this Act apply to a grant under subsection (1) or (2) as if it were a grant under subsection 12(1). Note: One of the consequences of this subsection is that subsection 12(4) will apply to determine when a deed of grant executed under subsection (1) or (2) of this section takes effect. Another consequence is that the Anindilyakwa Land Trust will be able to apply under subsection 12(5) to have such a deed registered. Land no longer held by Arnhem Land Aboriginal Land Trust (4) The following table sets out the effect on: (a) an Arnhem Land type 1 deed or an Arnhem Land type 2 deed that included land in the area of the Anindilyakwa Land Council (regardless of whether the deed also included other land); and (b) the boundaries of the land that is held by the Arnhem Land Aboriginal Land Trust. Deeds of grant For this deed: the result is: 1 An Arnhem Land type 1 deed that included part of the land in the area of the Anindilyakwa Land Council and no other land The deed is taken to be revoked. At the time the deed of grant executed under subsection (1) takes effect: (a) the revocation takes effect; and (b) the boundaries are taken to have been varied to no longer relate to that part of the land in the area of the Anindilyakwa Land Council. 2 An Arnhem Land type 1 deed that included part of the land in the area of the Anindilyakwa Land Council and some other land The deed ceases to include the part of the land in the area of the Anindilyakwa Land Council. At the time the deed of grant executed under subsection (1) takes effect: (a) the cessation takes effect; and (b) the boundaries are taken to have been varied to no longer relate to that part of the land in the area of the Anindilyakwa Land Council. 3 An Arnhem Land type 2 deed that included part of the land in the area of the Anindilyakwa Land Council and no other land The deed is taken to be revoked. At the time the deed of grant executed under subsection (2) is delivered to the Anindilyakwa Land Council: (a) the revocation takes effect; and (b) the boundaries are taken to have been varied to no longer relate to that part of the land in the area of the Anindilyakwa Land Council. (5) If the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land is required to register the deed of grant executed under subsection (1), he or she must also take such measures as are necessary to take account of the effect on the deeds of grant mentioned in item 1 or 2 of the table in subsection (4). Note: Subsection 12(5) deals with registration of deeds of grant. Existing rights, titles or other interests (6) The following table sets out the effect on a right, title or other interest in land in the area of the Anindilyakwa Land Council to which an Arnhem Land type 1 deed or an Arnhem Land type 2 deed related. Existing rights, titles or other interests For this deed: the result is: 1 An Arnhem Land type 1 deed The right, title or other interest is, from the day the deed of grant executed under subsection (1) takes effect, preserved as a right, title or interest in that land in that deed. 2 An Arnhem Land type 2 deed (a) if the right, title or other interest was acquired by the Arnhem Land Aboriginal Land Trust as mentioned in paragraph 5(1)(c)—the right, title or other interest is, from the day the deed of grant executed under subsection (2) of this section is delivered to the Anindilyakwa Land Council, taken to have been acquired and to be held by the Anindilyakwa Land Trust; or (b) otherwise—the right, title or other interest is, from the day the deed of grant executed under subsection (2) of this section is delivered to the Anindilyakwa Land Council, preserved as a right, title or interest in that land in that deed. Documents (7) The following table sets out the effect on a reference in a document to an Arnhem Land type 1 deed or an Arnhem Land type 2 deed, in so far as the reference relates to land in the area of the Anindilyakwa Land Council. Documents For this deed: the result is: 1 An Arnhem Land type 1 deed The reference is taken, from the day the deed of grant executed under subsection (1) takes effect, to be a reference to that deed. 2 An Arnhem Land type 2 deed The reference is taken, from the day the deed of grant executed under subsection (2) is delivered to the Anindilyakwa Land Council, to be a reference to that deed. Agreements (8) The following table sets out the effect on an agreement entered into by the Arnhem Land Aboriginal Land Trust in respect of land: (a) in the area of the Anindilyakwa Land Council; and (b) included in an Arnhem Land type 1 deed or an Arnhem Land type 2 deed. Agreements For this deed: the result is: 1 An Arnhem Land type 1 deed The agreement is taken to have the same force and effect, with effect from the day the deed of grant executed under subsection (1) takes effect, as the agreement would have had if it had been entered into by the Anindilyakwa Land Trust. 2 An Arnhem Land type 2 deed The agreement is taken to have the same force and effect, with effect from the day the deed of grant executed under subsection (2) is delivered to the Anindilyakwa Land Council, as the agreement would have had if it had been entered into by the Anindilyakwa Land Trust. Definitions (9) In this section: Arnhem Land Aboriginal Land Trust means the Land Trust of that name established by the Minister by notice published in the Gazette under subsection 4(1). Arnhem Land type 1 deed means: (a) a deed of grant executed under paragraph 12(1)(a) to the Arnhem Land Aboriginal Land Trust; or (b) a deed of grant executed under paragraph 12(1)(b) to the Arnhem Land Aboriginal Land Trust that took effect before the commencement of this section. Note: See subsection 12(4) for when a deed of grant under section 12 takes effect. Arnhem Land type 2 deed means a deed of grant executed under paragraph 12(1)(b) to the Arnhem Land Aboriginal Land Trust that has not taken effect before the commencement of this section. 35 Subsection 14(3) After "Authority", insert ", as the case may be,". 36 After subsection 14(3) Insert: (3A) Nothing in this section prevents a Land Trust granting a lease of land to an approved entity under section 19A that includes land referred to in subsection (1) of this section. (3B) If land (the applicable land): (a) is of a kind referred to in subsection (1); and (b) is part of land that is leased to an approved entity under section 19A; nothing in this section prevents the approved entity granting a sublease of the applicable land to the Commonwealth, the Northern Territory or an Authority, as the case may be. (3C) If such a sublease is granted, the applicable land ceases to be land to which this section applies. 37 Subsection 15(1) Omit "Where", substitute "Subject to subsection (1A), if". Note: The heading to section 15 is altered by omitting "to Land Council". 38 After subsection 15(1) Insert: (1A) If the land referred to in subsection (1) is part of land that is leased to an approved entity under section 19A, the Crown must pay to the approved entity the amounts referred to in subsection (1) of this section (instead of paying the amounts to the Land Council concerned). 39 Section 17 After "Land Council", insert "or an approved entity". Note: The heading to section 17 is altered by adding at the end "or approved entity". 40 Subsection 19(1) Before "20", insert "19A or". 41 At the end of subsection 19(4) Add: Note: See also section 20A (which deals with the application of the law of the Northern Territory relating to the transfer of land). 42 After subsection 19(4) Insert: (4AA) Any right, title or other interest in land transferred under subsection (4) that existed immediately before the transfer is preserved as a right, title or interest in that land after the transfer. (4AB) Any agreement in respect of land transferred under subsection (4) that was entered into by the transferor Land Trust and that is in force immediately before the transfer is taken to have the same force and effect, after the transfer, as the agreement would have had if it had been entered into by the transferee Land Trust. 43 Subsection 19(7) Repeal the subsection, substitute: (7) The consent of the Minister is not required for the grant under subsection (2), (3) or (4A) of an estate or interest the term of which does not exceed 40 years. 44 After subsection 19(8) Insert: (8A) A Land Council may give a consent under subsection (8) at the time it gives a direction under subsection (2), (3) or (4A) or at any later time. (8B) The Minister may give a consent under subsection (8) at the time he or she gives a consent under subsection (2), (3) or (4A) or at any later time. (8C) A consent of the Minister or a Land Council under subsection (8) relating to a transfer or grant may: (a) be general; or (b) be expressed to be limited to a specified person or a person included in a specified class. 45 At the end of section 19 Add: (13) If a Land Trust grants an estate or interest in Aboriginal land under this section, then, at the direction, in writing, of the relevant Land Council, the Land Trust may, in writing, authorise a specified person, or any person included in a specified class of persons, to enter or remain on the land for a specified purpose that is related to that estate or interest. Note: Section 70 will not apply to a person who enters or remains on the land in accordance with such an authorisation: see subsection 70(2B). (14) A direction or an authorisation under subsection (13) is not a legislative instrument. 46 After section 19 Insert: 19A Land Trust may grant headlease over township Grant of lease (1) A Land Trust may grant a lease of a township to an approved entity if: (a) the Minister consents, in writing, to the grant of the lease; and (b) the Land Council for the area in which the land is situated directs, in writing, the Land Trust to grant the lease. A consent or direction under this subsection is not a legislative instrument. Land Council direction (2) A Land Council must not give a direction under subsection (1) for the grant of a lease unless it is satisfied that: (a) the traditional Aboriginal owners (if any) of the land understand the nature and purpose of the proposed lease and, as a group, consent to it; and (b) any Aboriginal community or group that may be affected by the proposed lease has been consulted and has had adequate opportunity to express its view to the Land Council; and (c) the terms and conditions of the proposed lease (except those relating to matters covered by this section) are reasonable. (3) If a Land Council, in giving a direction for a grant of a lease, fails to comply with subsection (2), that failure does not invalidate that grant unless the approved entity to whom the grant was made procured the direction of the Land Council by fraud. Term of lease (4) Subject to subsection (5), the term of a lease granted under this section is 99 years. (5) If, before the end of the 69th year of the term of a lease (the original lease) granted under this section, a Land Trust grants another lease under this section to the same approved entity covering the area of land concerned (whether or not the other lease also covers other land), the original lease ends at the time the other lease takes effect. (6) A lease granted under this section must not make provision for the lessee to make a payment to a person other than the lessor. Transfer of lease (8) A lease granted under this section must not be transferred, except to another approved entity with the written approval of the Minister. An approval is not a legislative instrument. Lease not to be used as security (9) A lease granted under this section must not be used as security for a borrowing. Preserving any existing right, title or other interest (10) Any right, title or other interest in land the subject of a lease granted under this section that existed immediately before the time the lease takes effect is preserved as a right, title or interest in that land after that time. (11) If that right, title or other interest was granted by the Land Trust, then, at the time the lease granted under this section takes effect, that right, title or other interest has effect as if it were granted by the approved entity on the same terms and conditions as existed immediately before that time. (12) If: (a) subsection (11) applies in relation to a right, title or other interest; and (b) the lease is transferred in accordance with this section; and (c) the right, title or other interest existed immediately before the time the transfer takes effect; then, at that time, the right, title or other interest has effect as if it were granted by the transferee on the same terms and conditions as existed immediately before that time. Subleases (13) This section does not prevent a sublease of a lease granted under this section. (14) A lease granted under this section must not contain any provision requiring the consent of any person to the grant of a sublease of the lease. (15) A lease granted under this section must not contain any provision relating to the payment of rent, or the non‑payment of rent, in relation to a sublease of the lease. 19C Modification of certain NT laws for a township lease held by a Commonwealth entity or transferred from a Commonwealth entity to an NT entity (1) This section applies to: (a) the grant of a lease to a Commonwealth entity under section 19A; or (b) the transfer of a lease to a Commonwealth entity in accordance with that section; or (c) the transfer of a lease from a Commonwealth entity to an NT entity in accordance with that section. Taxes (2) No stamp duty or similar tax is payable under a law of the Northern Territory in respect of the grant or transfer. Registration (3) On the application of the Commonwealth entity or the NT entity, the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land must register the instrument of grant or transfer as if it were duly executed under that law. 19D Modification of NT subdivision law for grant of a township lease to a Commonwealth entity The procedures for the subdivision of land under the law of the Northern Territory relating to the transfer of land do not apply in respect of the grant of a lease to a Commonwealth entity under section 19A. 19E Modification of certain NT laws for a township lease held by a Commonwealth entity (1) This section applies in relation to a lease: (a) granted to a Commonwealth entity under section 19A; or (b) transferred to a Commonwealth entity in accordance with that section. (2) The regulations may make modifications of any law of the Northern Territory relating to: (a) planning; or (b) infrastructure; or (c) the subdivision or transfer of land; or (d) other prescribed matters; to the extent that the law applies to land the subject of the lease. (3) In subsection (2): modifications includes additions, omissions and substitutions. (4) The regulations cease to have effect if the lease is transferred to an NT entity in accordance with section 19A. 47 Section 20A Before "The law", insert "(1)". 48 Section 20A Omit "The law", substitute "Subject to sections 19C to 19E and this section, the law". 49 At the end of section 20A Add: (2) No stamp duty or similar tax is payable under a law of the Northern Territory in respect of a transfer under subsection 19(4). (3) The procedures for the subdivision of land under the law of the Northern Territory relating to the transfer of land do not apply in respect of a transfer of an estate or interest in any part of land under subsection 19(4). (4) On the application of a Land Trust that has had an estate or interest in any part of land transferred to it under subsection 19(4), the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land must register the instrument of transfer as if it were duly executed under that law. 50 At the end of subsection 21(1) Add: Note: New Land Councils may also be established: see sections 21A to 21D. 51 Subsections 21(3), (4), (5) and (6) Repeal the subsections. 52 After section 21 Insert: 21A Aboriginal group or body may seek establishment of new Land Council (1) The following may apply to the Minister, in writing, for the establishment of a new Land Council for a qualifying area: (a) one or more adult Aboriginals living in the qualifying area; (b) an Aboriginal Council, the area of which is in the qualifying area; (c) an Incorporated Aboriginal Association, the majority of whose members live in the qualifying area; (d) an association of Aboriginals, or a company whose shareholders are all Aboriginals, incorporated under a law of the Northern Territory and the majority of whose members or shareholders live in the qualifying area; (e) any other body prescribed by the regulations, the majority of whose members live in the qualifying area. (2) An application must: (a) set out the boundaries of the qualifying area; and (b) specify a name for the proposed new Land Council; and (c) include an estimate of the number of Aboriginals living in the qualifying area and an explanation of how the estimate was arrived at; and (d) specify the proposed management structure for the proposed new Land Council; and (e) specify the proposed arrangements for consulting and representing Aboriginals living in the qualifying area on issues affecting that area; and (f) include details of any consultation that has occurred with Aboriginals living in the qualifying area on the proposed establishment of the new Land Council; and (g) include any other information prescribed by the regulations. 21B Minister's assessment of application for establishment of new Land Council (1) If the Minister receives an application under section 21A, the Minister must, by notice in writing: (a) state that he or she supports the establishment of the new Land Council and that he or she will request the Australian Electoral Commission to hold a vote on the matter; or (b) refuse the application. (2) The Minister must not give a notice stating that he or she supports the establishment of the new Land Council unless he or she is satisfied that: (a) the qualifying area is an appropriate area for the establishment of a new Land Council; and (b) the proposed new Land Council will be able to satisfactorily perform the functions of a Land Council. (3) The Minister must give the applicant written notice of the Minister's decision. If the Minister refuses the application, the notice must also include reasons for the refusal. (4) A notice under subsection (1) is not a legislative instrument. 21C Establishment of new Land Council if a 55% positive vote (1) If the Minister gives a notice under section 21B stating that he or she supports the establishment of the new Land Council, he or she must request the Australian Electoral Commission to hold a vote on the proposed establishment of the new Land Council. (2) The Australian Electoral Commission must hold the vote as soon as practicable after being requested to do so. Voting (3) A person is entitled to vote if: (a) the person is an adult Aboriginal; and (b) either: (i) the person's name is on the Commonwealth Electoral Roll and the person's place of living as shown on the Roll is in the qualifying area; or (ii) the person is entitled to vote under rules made under subsection (4). Note: See also section 21D (which contains further provisions about the Commonwealth Electoral Roll). (4) The Minister may, by legislative instrument, make rules for and in relation to the holding of the vote. In particular, the rules may: (a) deal with the timing of the vote; and (b) for the purposes of subparagraph (3)(b)(ii)—deal with those persons entitled to vote; and (c) confer powers on the Electoral Commissioner or a member of the staff of the Australian Electoral Commission. Minister may establish new Land Council if a 55% positive vote (5) The Minister may, by notice in writing, establish the new Land Council for the qualifying area if at least 55% of the formal votes cast by persons entitled to vote on the proposal are in favour of it. (6) For the purposes of subsection (5), a vote is formal if and only if: (a) a person authorised under subsection (7) is satisfied that it is on an authentic ballot paper; and (b) it indicates the voter's preference for either being in favour or against the proposal; and (c) it does not have upon it any writing or another mark by which, in the opinion of a person authorised under subsection (7), the voter can be identified (not including writing or another mark placed on the ballot paper, whether or not in contravention of any law, by a person involved in conducting the vote). (7) The Electoral Commissioner may, by writing, authorise a member of the staff of the Australian Electoral Commission for the purpose of subsection (6). Name and boundaries of new Land Council (8) The notice under subsection (5) must: (a) specify the name of the new Land Council (which must be the name specified in the application under section 21A); and (b) set out the boundaries of the area for which the new Land Council is established. Redrawing of boundaries of other Land Council areas (9) On the establishment of the new Land Council, the area specified in the notice under subsection (5) ceases to be part of the area of the Land Council, or of the areas of the Land Councils, in which it was included immediately before that establishment. Informing Aboriginals about existence of new Land Council (10) On the establishment of the new Land Council, the Minister must take whatever steps he or she considers necessary and practicable to inform the adult Aboriginals living in the area of the Council of the existence of the Council. Publication (11) The Minister must publish the notice under subsection (5) in the Gazette. Notice not a legislative instrument (12) A notice under subsection (5) is not a legislative instrument. 21D Rules about Commonwealth Electoral Roll (1) For the purposes of section 21C, a person's name is taken to be on the Commonwealth Electoral Roll if the name appearing on the Roll is, in the opinion of a person authorised under subsection (2) of this section, sufficient to identify the person. (2) The Electoral Commissioner may, by writing, authorise a member of the staff of the Australian Electoral Commission for the purpose of subsection (1). 53 Subsection 22(1) (note) Omit "Note", substitute "Note 1". 54 At the end of subsection 22(1) Add: Note 2: The activities or operations of a Land Council may be evaluated or audited: see paragraph 193X(1)(ca) of the Aboriginal and Torres Strait Islander Act 2005. 55 Subsection 22A(2) Omit "of a Land Council (not the members of the Land Council) is the only director", substitute "and Deputy Chair of a Land Council are the only directors". 56 After section 23 Insert: 23AA How functions of a Land Council are to be performed Priorities (1) A Land Council must from time to time determine the priorities it will give to performing its functions under this Part. (2) A Land Council may allocate resources in the way it thinks fit so as to be able to perform its functions efficiently. (3) A Land Council must give priority to the protection of the interests of traditional Aboriginal owners of, and other Aboriginals interested in, Aboriginal land in the area of the Council. Functions to be performed in a timely manner (4) A Land Council must use its best efforts to perform its functions in a timely manner, particularly in respect of matters affected by: (a) time limits under this Act; or (b) time limits under another law of the Commonwealth or a law of the Northern Territory that are relevant to the performance of its functions. Maintenance of organisational structures and processes (5) A Land Council must perform its functions in a manner that: (a) maintains organisational structures and administrative processes that promote the satisfactory representation by the Council of, and promote effective consultation with, the traditional Aboriginal owners of, and other Aboriginals interested in, Aboriginal land in the area of the Council; and (b) ensures that the structures and processes operate in a fair manner. 57 Subsection 23E(2) Omit "a fine of $2,000 or imprisonment for 12 months, or both", substitute "a fine of not more than 60 penalty units or imprisonment for not more than 12 months, or both". 58 Subsection 23E(4) (penalty) Repeal the penalty, substitute: Penalty: 30 penalty units or imprisonment for 6 months. 59 After subsection 27(1) Insert: (1A) A Land Council may, on the request of an Incorporated Aboriginal Association that has received an amount of money from the Council under this Act, provide administrative or other assistance to the Association. 60 Subsection 27(3) Omit "$100,000", substitute "$1,000,000". 61 Subsections 28(1), (2) and (3) Repeal the subsections, substitute: Delegation to Council Chair or Council member or staff member (1) A Land Council may, in writing under its common seal, delegate to the following: (a) the Chair or another member of the Council; (b) a member of the staff of the Council; any of the Council's functions or powers under this Act other than the following: (c) the giving or withholding of consent in relation to the acquisition or grant of an estate or interest in Aboriginal land under an agreement or agreements: (i) that will have effect for a period that exceeds, or for periods that together exceed, 2 years; or (ii) in respect of which the approval of the Minister is required by subsection 27(3); (d) the making of determinations under section 35; (e) the giving or refusing of a consent under subsection 42(1); (f) the giving of a consent under section 48C; (g) any function or power prescribed by the regulations. Delegation to Council committee (2) A Land Council may, in writing under its common seal, delegate to a committee appointed under section 29A any of the Council's functions or powers under this Act other than the following: (a) the making of determinations under section 35; (b) any function or power prescribed by the regulations. Delegation to a body corporate (3) A Land Council may, in writing under its common seal, delegate to a body corporate incorporated under the Aboriginal Councils and Associations Act 1976, that has made an application in accordance with section 28A, the Council's functions or powers under the following provisions: (a) section 11A (about agreements concerning land under claim); (b) section 19 (about dealings with interests in land by Land Trusts); (ba) section 19A (about grant of township leases); (c) Part IV (about mining); (d) section 67B (about granting estates or interests while land is subject to a traditional land claim). 62 Subsection 28(4) After "Council, before", insert "performing a function or". 63 Paragraph 28(4)(a) After "by the", insert "performance of the function or the". 64 Subsection 28(4) Omit "power is delegated to another person, the person to whom it is delegated may exercise the power", substitute "function or power is delegated, the delegate may perform the function or exercise the power". 65 After section 28 Insert: 28A Delegation of a Land Council's functions or powers to body corporate Application (1) A body corporate incorporated under the Aboriginal Councils and Associations Act 1976 may, in writing, apply to a Land Council to have the Council delegate to the body some or all of the Council's functions or powers that are delegable to the body if a majority of the members of the body are either: (a) the traditional Aboriginal owners of land in the part of the area of the Council mentioned in paragraph (2)(b); or (b) Aboriginals who live in that part. Note: Section 28 sets out which of the Council's functions or powers are delegable to the body. (2) An application must: (a) set out whether the body wants the Council to delegate to the body: (i) all of the delegable functions or powers; or (ii) specified delegable functions or powers; or (iii) specified delegable functions or powers in relation to specified matters; and (b) set out the part of the area of the Council in respect of which the body is seeking to perform those functions or exercise those powers; and (c) contain any other information prescribed by the regulations. Decision (3) The Council must make the delegation under section 28 or refuse to make the delegation. Refusal (4) If the Council refuses to make the delegation: (a) it must give the body written notice of the refusal including reasons for the refusal; and (b) it must give the Minister a copy of the notice. Note: The body may seek the Minister's agreement to the delegation: see section 28C. Deemed refusal (5) If the Council has neither made nor refused to make the delegation within the period worked out in accordance with the regulations, or such longer period as is agreed by the Minister, the Council is taken, at the end of that period, to have refused to make the delegation. Note: The body may seek the Minister's agreement to the delegation: see section 28C. (6) The Council must give the body written notice of any longer period agreed by the Minister. 28B Variation or revocation of a delegation to body corporate (1) If a Land Council delegates some or all of its functions or powers under section 28 to a body corporate, the Council must not vary or revoke the delegation except as set out in this section. Revocation at request of body (2) The body may, in writing, request the Council to revoke the delegation. At the end of the period of 30 days beginning on the day the body made the request, the Council is taken to have revoked the delegation. Variation to remove functions or powers—application by body (3) The body may, in writing, request the Council to vary the delegation to: (a) remove specified functions or powers; or (b) remove specified functions or powers in relation to specified matters. At the end of the period of 30 days beginning on the day the body made the request, the Council is taken to have so varied the delegation. Note: For example, the body may seek to reduce the part of the area of the Council in respect of which the body wants to perform functions or exercise powers. Variation to add functions or powers—application by body (4) The body may, in writing, apply to the Council for a variation of the delegation to: (a) apply to all of the Council's functions or powers that are delegable to the body; or (b) add specified delegable functions or powers; or (c) add specified delegable functions or powers in relation to specified matters. The Council must, in writing, vary or refuse to vary the delegation. Note: For example, the body may seek to increase the part of the area of the Council in respect of which the body wants to perform functions or exercise powers. (5) If the Council refuses to vary the delegation: (a) it must give the body written notice of the refusal including reasons for the refusal; and (b) it must give the Minister a copy of the notice. Note: The body may seek the Minister's agreement to the variation: see section 28C. (6) If the Council has neither varied nor refused to vary the delegation within the period worked out in accordance with the regulations, or such longer period as is agreed by the Minister, the Council is taken, at the end of that period, to have refused to vary the delegation. Note: The body may seek the Minister's agreement to the variation: see section 28C. (7) The Council must give the body written notice of any longer period agreed by the Minister. Variation or revocation with Minister's approval (8) The Council may, by notice in writing, seek the Minister's approval to vary or revoke the delegation. (9) The Minister may, by notice in writing, give the approval. The Council may, in writing, vary or revoke the delegation accordingly. Variation or revocation at Minister's direction (10) The Minister may give the Council a notice in writing directing the Council to vary or revoke the delegation. At the time the Minister gives the Council the notice, the Council is taken to have varied or revoked the delegation in accordance with the direction. Notice not a legislative instrument (11) A notice under subsection (9) or (10) is not a legislative instrument. 28C Minister may agree to delegation or variation if Land Council refuses to do so (1) If: (a) a Land Council refuses, or is taken to have refused, under section 28A to make a delegation to a body corporate; or (b) a Land Council refuses under subsection 28B(4), or is taken to have refused under subsection 28B(6), to vary a delegation to a body corporate; the body may: (c) send a copy of the application concerned to the Minister; and (d) request the Minister, in writing, to decide it is appropriate for the Council to make the delegation, or the variation to the delegation, sought by the body (as the case requires). (2) The Minister must, by notice in writing, approve or refuse the request. (3) The Minister must not approve the request unless he or she is satisfied that the body will be able to satisfactorily perform the functions and exercise the powers sought by the body. Minister may seek Council's assistance (4) In deciding whether to approve or refuse the request, the Minister may, by notice in writing, require the Council