Aboriginal Lands Act 1991 (Act No. 38)

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 004 Aboriginal Lands Act 1991 No. 38 of 1991 Authorised Version incorporating amendments as at 14 June 2012 TABLE OF PROVISIONS Section Page 1 Purpose 2 2 Commencement 2 3 Revocation of existing reservations and Crown Grants 2 4 Closure of roads 3 5 Any existing rights extinguished 4 6 Grants to particular organisations 4 7 Sale not permitted 5 8 Registrar of Titles to make necessary amendments 5 9 No compensation payable by Crown 5 SCHEDULES 6 SCHEDULE 1—Land in respect of which reservations and Crown Grants are revoked 6 SCHEDULE 2—Plan of Coranderrk Mission Cemetery and access road 7 SCHEDULE 3—Plan of Ebenezer Mission Cemetery 8 SCHEDULE 4—Plan of Ramahyuck Mission Cemetery and access road 9 ═══════════════ ENDNOTES 10 1. General Information 10 2. Table of Amendments 11 3. Explanatory Details 12 Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 004 Aboriginal Lands Act 1991 No. 38 of 1991 Authorised Version incorporating amendments as at 14 June 2012 Preamble: The land shown hatched on the plan in Schedule 2 is temporarily reserved as a site for public purposes (Protection of Aborigines' Graves) under the Crown Land (Reserves) Act 1978 and the land shown cross-hatched on that plan is an access road. The land shown hatched on the plan in Schedule 3 is permanently reserved for the conservation of area of historic interest under the Crown Land (Reserves) Act 1978. The land shown hatched on the plan in Schedule 4 is temporarily reserved for the purpose of the use of the Aborigines under the Crown Land (Reserves) Act 1978 and the land shown cross hatched on that plan is an access road. In the interests of the Aboriginal people of Victoria it is desirable to authorise the granting by the Crown of the land shown hatched and cross hatched on the plan in Schedule 2 to the Wurundjeri Tribe Land and Compensation Cultural Heritage Council Incorporated, the land shown hatched on the plan in Schedule 3 to the Goolum Goolum Aboriginal Co-operative Limited and the land shown hatched and cross hatched on the plan in Schedule 4 to the Gippsland & East Gippsland Aboriginal Co-operative Limited. Authorised by the Chief Parliamentary Counsel Aboriginal Lands Act 1991 No. 38 of 1991 2 The Parliament of Victoria therefore enacts as follows: 1 Purpose The purposes of this Act are to— (a) revoke the reservations of certain lands; (b) authorise the granting of that land for Aboriginal cultural and burial purposes; (c) provide for related matters. 2 Commencement This Act comes into operation on the day on which it receives the Royal Assent. 3 Revocation of existing reservations and Crown Grants (1) On receiving survey plans signed by the Surveyor General of those parts of the lands described in Schedule 1 as are shown hatched on the plan in Schedule 3 and hatched and cross hatched on the plans in Schedules 2 and 4 or those lands as nearly as practicable the Minister may recommend to the Governor in Council that an Order be made revoking the reservations of the lands shown in the plans of survey. (2) On the Minister's recommendation under subsection (1) the Governor in Council by Order published in the Government Gazette may revoke the reservations of the land described in Schedule 1 to the extent that they apply to the land in the plans of survey. (3) On the publication in the Government Gazette of an Order under subsection (2)— (a) the reservations of the land referred to in Schedule 1 are revoked to the extent that they apply to the lands in the plans of survey; and s. 1 Authorised by the Chief Parliamentary Counsel Aboriginal Lands Act 1991 No. 38 of 1991 3 (b) despite any Act or law to the contrary, the land is deemed to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. 4 Closure of roads (1) The Minister may recommend to the Governor in Council that an Order be made in accordance with subsection (4). (2) If a person holds a fee simple in land abutting the land shown cross-hatched in the plan in Schedule 4, the Minister administering the Crown Land (Reserves) Act 1978 must grant to that person a reasonable right of access to his or her land which will in the Minister's opinion allow that person to use his or her land. (3) A right of access mentioned in this section may be granted and exercised despite anything to the contrary in any Act or law or in any Crown Grant of the land issued on or after the commencement of this Act. (4) On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may declare that the roads shown cross-hatched on the Plans in Schedules 2 and 4 are closed. (5) Subject to subsections (2) and (3) on the publication in the Government Gazette of an Order under subsection (4)— (a) all rights, easements and privileges existing in or claimed by either the public or any body or person as part of any express or implied grant or past dedication or supposed dedication or by user or by operation or any fiction of law shall cease; and s. 4 Authorised by the Chief Parliamentary Counsel Aboriginal Lands Act 1991 No. 38 of 1991 4 (b) the land is deemed to be unalienated Crown land. 5 Any existing rights extinguished Subject to section 4 on the publication in the Government Gazette of an Order under section 3 or section 4— (a) any appointment of any Committee of Management to the extent that it relates to the land to which that Order applies is revoked; and (b) any licences, leases, rights or permits granted over land to which that Order applies are extinguished; and (c) the land to which that Order applies is divested from any trustees in which it was previously vested immediately before the publication of the Order. 6 Grants to particular organisations (1) The Governor in Council on behalf of the Crown may grant the land shown hatched and cross hatched on the plan in Schedule 2 to the Wurundjeri Tribe Land and Compensation Cultural Heritage Council Incorporated for an estate in fee simple. (2) The Governor in Council on behalf of the Crown may grant the land shown hatched on the plan in Schedule 3 to the Goolum Goolum Aboriginal Co-operative Limited for an estate in fee simple. (3) The Governor in Council on behalf of the Crown may grant the land shown hatched and cross hatched on the plan in Schedule 4 to the Gippsland and East Gippsland Aboriginal Co-operative Limited for an estate in fee simple. s. 5 Authorised by the Chief Parliamentary Counsel Aboriginal Lands Act 1991 No. 38 of 1991 5 (4) Grants made under this section are subject to any terms, conditions, covenants, exceptions, reservations and limitations (not inconsistent with the conditions required by this section to be included in the grant) that the Governor in Council determines. (5) Each grant under this section must include the condition that the land must be used for Aboriginal cultural and burial purposes. 7 Sale not permitted An organisation to which land has been granted under section 6 or its successor-in-law must not sell or otherwise dispose of its interest in fee simple in the land. 8 Registrar of Titles to make necessary amendments (1) The Registrar of Titles must make any amendments in the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Act. * * * * * 9 No compensation payable by Crown No compensation is payable by the Crown in respect of anything done under or arising out of this Act. s. 7 S. 8(2)(3) repealed by No. 85/1998 s. 24(Sch. item 1). Sch. L 1 LAND IN R C Authorised by Aborig N SC S RESPECT O CROWN GR y the Chief Parliame ginal Lands A No. 38 of 199 6 CHEDULE SCHEDULE OF WHICH RANTS ARE entary Counsel Act 1991 91 ES E 1 RESERVAT E REVOKE TIONS AND ED D PPLAN OF C Authorised by Aborig N S CORANDER AC y the Chief Parliame ginal Lands A No. 38 of 199 7 SCHEDULE RRK MISSI CCESS ROA entary Counsel Act 1991 91 E 2 ION CEME AD ETERY AND D Schh. 2 Sch. 3 PLAN Authorised by Aborig N S OF EBENE y the Chief Parliame ginal Lands A No. 38 of 199 8 SCHEDULE EZER MISS entary Counsel Act 1991 91 E 3 SION CEME ETERY PLAN OF R Authorised by Aborig N S RAMAHYU AC ════ y the Chief Parliame ginal Lands A No. 38 of 199 9 SCHEDULE UCK MISSI CCESS ROA ════════ entary Counsel Act 1991 91 E 4 ION CEMET AD ═════ TERY ANDD Schh. 4 Authorised by the Chief Parliamentary Counsel Aboriginal Lands Act 1991 No. 38 of 1991 10 ENDNOTES 1. General Information Minister's second reading speech— Legislative Assembly: 8 May 1991 Legislative Council: 5 June 1991 The long title for the Bill for this Act was "A Bill to revoke the reservations and Crown Grants of certain lands and to authorise the grant of those lands to particular Aboriginal Organisations and for other purposes.". The Aboriginal Lands Act 1991 was assented to on 18 June 1991 and came into operation on 18 June 1991: section 2. Endnotes Authorised by the Chief Parliamentary Counsel Aboriginal Lands Act 1991 No. 38 of 1991 11 2. Table of Amendments This Version incorporates amendments made to the Aboriginal Lands Act 1991 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Transfer of Land (Single Register) Act 1998, No. 85/1998 Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 1) on 1.1.99: s. 2(3) Current State: This information relates only to the provisions amending the Aboriginal Lands Act 1991 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes Authorised by the Chief Parliamentary Counsel Aboriginal Lands Act 1991 No. 38 of 1991 12 3. Explanatory Details No entries at date of publication. Endnotes