Aboriginal Land (Northcote Land) Act 1989

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 006 Aboriginal Land (Northcote Land) Act 1989 No. 7 of 1989 Authorised Version incorporating amendments as at 26 November 2012 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Revocation of Reservation 2 4 Land deemed unalienated Crown land 2 5 Grant to Aborigines Advancement League Incorporated 2 6 No compensation payable by Crown 3 SCHEDULE—Land which may be granted to the Aborigines Advancement League Incorporated 4 ═══════════════ ENDNOTES 6 1. General Information 6 2. Table of Amendments 7 3. Explanatory Details 8 Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 006 Aboriginal Land (Northcote Land) Act 1989 No. 7 of 1989 Authorised Version incorporating amendments as at 26 November 2012 The Parliament of Victoria enacts as follows: Preamble The land shown by hatching on the plan in the Schedule is temporarily reserved under the Crown Land (Reserves) Act 1978 as a site for public recreation and is managed by the Aborigines Advancement League Incorporated as Committee of Management; Under the Aboriginal Lands (Aborigines' Advancement League) (Watt Street, Northcote) Act 1982 land previously included in the Reserve was granted by the Crown to the Aborigines' Advancement League (Victoria), the body later incorporated under the Associations Incorporation Act 1981 under the name of the Aborigines Advancement League Incorporated; In the interests of the Aboriginal people of Victoria it is desirable to authorise the granting by the Crown to the Aborigines Advancement League Incorporated of the land in the Reserve shown by hatching on the plan in the Schedule: The Parliament of Victoria therefore enacts as follows: 1 Purpose The purpose of this Act is to authorise the granting by the Crown of land at Northcote to the Aborigines Advancement League Incorporated and to provide for related matters. Authorised by the Chief Parliamentary Counsel Aboriginal Land (Northcote Land) Act 1989 No. 7 of 1989 2 2 Commencement This Act comes into operation on the day on which it receives the Royal Assent. 3 Revocation of Reservation (1) The Order in Council specified in Part 1 of the Schedule is revoked to the extent to which it applies to the land shown hatched on the plan in Part 2 of the Schedule. (2) The appointment of the Committee of Management of the land described in Part 1 of the Schedule is revoked to the extent to which it relates to the land shown hatched on the plan in Part 2 of the Schedule. 4 Land deemed unalienated Crown land Despite any Act or law to the contrary, the land shown hatched on the plan in Part 2 of the Schedule is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. 5 Grant to Aborigines Advancement League Incorporated (1) In this section the League means the Aborigines Advancement League Incorporated, an incorporated association within the meaning of section 3 of the Associations Incorporation Reform Act 2012. (2) The Governor in Council on behalf of the Crown may grant the land shown hatched on the plan in Part 2 of the Schedule to the League for an estate in fee simple. s. 2 S. 5(1) amended by No. 20/2012 s. 226(Sch. 5 item 1). Authorised by the Chief Parliamentary Counsel Aboriginal Land (Northcote Land) Act 1989 No. 7 of 1989 3 (3) A grant under subsection (2) is subject to— (a) the condition that the land continue to be used for Aboriginal cultural and recreational purposes; and (b) any other terms, conditions, covenants, exceptions, reservations, restrictions and limitations (not inconsistent with the condition in paragraph (a)) that the Governor in Council determines. (4) A lease, licence, permit or other authority under the Mineral Resources (Sustainable Development) Act 1990 or the Petroleum Act 1998 must not be granted in respect of any part of the land shown hatched on the plan in Part 2 of the Schedule, except with the consent of the League and subject to any terms and conditions that the League determines. 6 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. 5(4) amended by Nos 92/1990 s. 128(Sch. 1 item 1), 67/1995 s. 58(Sch. 1 item 2), 11/2002 s. 3(Sch. 1 item 3), 63/2006 s. 61(Sch. item 3), 6/2009 s. 44. s. 6 Authorised by the Chief Parliamentary Counsel Aboriginal Land (Northcote Land) Act 1989 No. 7 of 1989 4 SCHEDULE Ss 3 and 5 LAND WHICH MAY BE GRANTED TO THE ABORIGINES ADVANCEMENT LEAGUE INCORPORATED PART 1 Situation and area of land. Instrument and date of reservation. Description of land by reference to Government Gazette. Purpose of reservation. Extent of revocation Part of Allotment 66B Section W City of Northcote Parish of Jika Jika County of Bourke, 4⋅942 hectares (less 1⋅13 hectares more or less) excised by Order in Council dated 27 October 1981, Government Gazette dated 7 October 1981 page 3337 and 28 October page 3546. Order in Council dated 14 May 1974. 22 May 1974 page 1741. Site for Public recreation. That part of the reservation which applies to the land shown hatched on plan in Part 2. Sch. A Authorised by Aboriginal Lan ════ y the Chief Parliame nd (Northcote No. 7 of 1989 5 PART 2 ════════ entary Counsel Land) Act 19 9 ═════ 89 Schh. Authorised by the Chief Parliamentary Counsel Aboriginal Land (Northcote Land) Act 1989 No. 7 of 1989 6 ENDNOTES 1. General Information Minister's second reading speech— Legislative Assembly: 3 November 1988 Legislative Council: 22 March 1989 The long title for the Bill for this Act was "A Bill to authorise the granting by the Crown of certain land at Northcote to the Aborigines Advancement League Incorporated and for other purposes.". The Aboriginal Land (Northcote Land) Act 1989 was assented to on 9 May 1989 and came into operation on 9 May 1989: section 2. Endnotes Authorised by the Chief Parliamentary Counsel Aboriginal Land (Northcote Land) Act 1989 No. 7 of 1989 7 2. Table of Amendments This Version incorporates amendments made to the Aboriginal Land (Northcote Land) Act 1989 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Mineral Resources Development Act 1990, No. 92/1990 Assent Date: 18.12.90 Commencement Date: S. 128(Sch. 1 item 1) on 6.11.91: Government Gazette 30.10.91 p. 2970 Current State: This information relates only to the provision/s amending the Aboriginal Land (Northcote Land) Act 1989 Extractive Industries Development Act 1995, No. 67/1995 Assent Date: 17.10.95 Commencement Date: S. 58(Sch. 1 item 2) on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4 Current State: All of Act in operation Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 3) on 24.4.02: s. 2(1) Current State: This information relates only to the provision/s amending the Aboriginal Land (Northcote Land) Act 1989 Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006 Assent Date: 29.8.06 Commencement Date: S. 61(Sch. item 3) on 30.8.06: s. 2(1) Current State: This information relates only to the provision/s amending the Aboriginal Land (Northcote Land) Act 1989 Resources Industry Legislation Amendment Act 2009, No. 6/2009 Assent Date: 3.3.09 Commencement Date: S. 44 on 1.1.10: s. 2(2) Current State: This information relates only to the provision/s amending the Aboriginal Land (Northcote Land) Act 1989 Associations Incorporation Reform Act 2012, No. 20/2012 Assent Date: 1.5.12 Commencement Date: S. 226(Sch. 5 item 1) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 Current State: This information relates only to the provision/s amending the Aboriginal Land (Northcote Land) Act 1989 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes Authorised by the Chief Parliamentary Counsel Aboriginal Land (Northcote Land) Act 1989 No. 7 of 1989 8 3. Explanatory Details No entries at date of publication. Endnotes