Aboriginal Land Rights (Northern Territory) Regulations 2007

Prepared by the Office of Parliamentary Counsel, Canberra Aboriginal Land Rights (Northern Territory) Regulations 2007 Select Legislative Instrument No. 184, 2007 as amended made under the Aboriginal Land Rights (Northern Territory) Act 1976 Compilation start date: 20 March 2014 Includes amendments up to: SLI No. 272, 2013 (disallowed) Federal Register of Legislative Instruments F2014C00283 About this compilation This compilation This is a compilation of the Aboriginal Land Rights (Northern Territory) Regulations 2007 as in force on 20 March 2014. It includes any commenced amendment affecting the legislation to that date. This compilation was prepared on 21 March 2014. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision. Uncommenced amendments The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Modifications If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes. Provisions ceasing to have effect If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes. Federal Register of Legislative Instruments F2014C00283 Aboriginal Land Rights (Northern Territory) Regulations 2007 i Contents 1 Name of Regulations ......................................................................... 1 2 Commencement ................................................................................. 1 3 Repeal ................................................................................................ 1 4 Definition .......................................................................................... 1 5 Township area vested in the Tiwi Aboriginal Land Trust (Act s 3AB(3)) ................................................................................... 1 5A Additional township areas vested in the Tiwi Aboriginal Land Trust (Act s 3AB(3)) ................................................................ 2 6 Township areas vested in the Anindilyakwa Land Trust (Act s 3AB(3)) ........................................................................................... 2 6A Northern Territory laws not to apply to certain subdivisions of land (Act ss 19E and 20SB) .......................................................... 3 9 Kind of payment that is an accountable amount (Act s 35(4A)) .............................................................................................. 3 Endnotes 4 Endnote 1—About the endnotes 4 Endnote 2—Abbreviation key 6 Endnote 3—Legislation history 7 Endnote 4—Amendment history 8 Endnote 5—Uncommenced amendments [none] 9 Endnote 6—Modifications [none] 9 Endnote 7—Misdescribed amendments [none] 9 Endnote 8—Miscellaneous [none] 9 Federal Register of Legislative Instruments F2014C00283 Federal Register of Legislative Instruments F2014C00283 Regulation 1 Aboriginal Land Rights (Northern Territory) Regulations 2007 1 1 Name of Regulations These Regulations are the Aboriginal Land Rights (Northern Territory) Regulations 2007. 2 Commencement These Regulations commence on the day after they are registered. 3 Repeal The Aboriginal Land Rights (Northern Territory) Regulations are repealed. 4 Definition In these Regulations: Act means the Aboriginal Land Rights (Northern Territory) Act 1976. Note: A number of expressions used in these Regulations are defined in the Act, including:  Aboriginal  Aboriginal land  Director  Land Trust  township. 5 Township area vested in the Tiwi Aboriginal Land Trust (Act s 3AB(3)) (1) For subsection 3AB(3) of the Act, the area of land mentioned in subregulation (2) is prescribed in relation to the Tiwi Aboriginal Land Trust. (2) The land is the parcel of land on Bathurst Island in the Northern Territory with an area of 454 hectares more or less, being Northern Territory Portion 6798(A), delineated on Survey Plan S2007/183 lodged with the Northern Territory Surveyor-General in Darwin. Federal Register of Legislative Instruments F2014C00283 Regulation 5A 2 Aboriginal Land Rights (Northern Territory) Regulations 2007 5A Additional township areas vested in the Tiwi Aboriginal Land Trust (Act s 3AB(3)) For subsection 3AB(3) of the Act, the areas of land in the Northern Territory mentioned in the following table are prescribed as a single township in relation to the Tiwi Aboriginal Land Trust. Item Name by which area is known Description of area (by reference to Survey Plan lodged with the Northern Territory Surveyor-General in Darwin) 1 Wurankuwu The parcel of land on Bathurst Island with an area of 840 hectares, more or less, being Northern Territory Portion 7086(A), delineated on Survey Plan S2010/229 2 Milikapiti The parcel of land on Melville Island with an area of 544.4 hectares, more or less, being Northern Territory Portion 7087(A), delineated on Survey Plan S2010/230 6 Township areas vested in the Anindilyakwa Land Trust (Act s 3AB(3)) For subsection 3AB(3) of the Act, the areas of land in the Northern Territory mentioned in the following table are prescribed as a single township in relation to the Anindilyakwa Land Trust. Item Name by which area is known Description of area (by reference to Survey Plan lodged with the Northern Territory Surveyor-General in Darwin) 1 Angurugu The parcel of land on Groote Eylandt with an area of 150 hectares, more or less, being Northern Territory Portion 7006(A), delineated on Survey Plan S2007/180 2 Umbakumba The parcel of land on Groote Eylandt with an area of 314 hectares, more or less, being Northern Territory Portion 7008(A), delineated on Survey Plan S2007/181 3 Milyakburra The parcel of land on Bickerton Island with an area of 510 hectares, more or less, being Northern Territory Portion 7007(A), delineated on Survey Plan S2007/207 Federal Register of Legislative Instruments F2014C00283 Regulation 6A Aboriginal Land Rights (Northern Territory) Regulations 2007 3 6A Northern Territory laws not to apply to certain subdivisions of land (Act ss 19E and 20SB) For sections 19E and 20SB of the Act, Part 5 of the Planning Act (NT) and subsection 52(10) of the Land Title Act (NT) do not apply to: (a) a plan of survey for the subdivision of land that: (i) is limited to formalising land title arrangements for land on which buildings or physical infrastructure has been erected on or after the date of commencement of a lease to the Commonwealth mentioned in section 19E or 20SB of the Act; and (ii) is lodged with the Surveyor-General for the Northern Territory within 3 years of the commencement date of the lease; and (b) a sublease by the Commonwealth of a parcel of land specified in the plan of survey, to a person or entity. 9 Kind of payment that is an accountable amount (Act s 35(4A)) For paragraph 35(4A)(c) of the Act, the kinds of payments are: (a) a payment made: (i) in respect of Aboriginal land; and (ii) by the Director under a lease of the land to the Director; and (iii) under a lease that was entered into in accordance with an agreement made under subsection 12(2B) or (2C) of the Act; and (b) an amount paid under subsection 62(1G) or (5) of the Northern Territory National Emergency Response Act 2007 in relation to Aboriginal land. Federal Register of Legislative Instruments F2014C00283 Endnotes Endnote 1—About the endnotes 4 Aboriginal Land Rights (Northern Territory) Regulations 2007 Endnotes Endnote 1—About the endnotes The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Uncommenced amendments Endnote 6—Modifications Endnote 7—Misdescribed amendments Endnote 8—Miscellaneous If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading. Abbreviation key—Endnote 2 The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law. Uncommenced amendments—Endnote 5 The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5. Federal Register of Legislative Instruments F2014C00283 Endnotes Endnote 1—About the endnotes Aboriginal Land Rights (Northern Territory) Regulations 2007 5 Modifications—Endnote 6 If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6. Misdescribed amendments—Endnote 7 An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7. Miscellaneous—Endnote 8 Endnote 8 includes any additional information that may be helpful for a reader of the compilation. Federal Register of Legislative Instruments F2014C00283 Endnotes Endnote 2—Abbreviation key 6 Aboriginal Land Rights (Northern Territory) Regulations 2007 Endnote 2—Abbreviation key ad = added or inserted pres = present am = amended prev = previous c = clause(s) (prev) = previously Ch = Chapter(s) Pt = Part(s) def = definition(s) r = regulation(s)/rule(s) Dict = Dictionary Reg = Regulation/Regulations disallowed = disallowed by Parliament reloc = relocated Div = Division(s) renum = renumbered exp = expired or ceased to have effect rep = repealed hdg = heading(s) rs = repealed and substituted LI = Legislative Instrument s = section(s) LIA = Legislative Instruments Act 2003 Sch = Schedule(s) mod = modified/modification Sdiv = Subdivision(s) No = Number(s) SLI = Select Legislative Instrument o = order(s) SR = Statutory Rules Ord = Ordinance Sub-Ch = Sub-Chapter(s) orig = original SubPt = Subpart(s) par = paragraph(s)/subparagraph(s) /sub-subparagraph(s) Federal Register of Legislative Instruments F2014C00283 Endnotes Endnote 3—Legislation history Aboriginal Land Rights (Northern Territory) Regulations 2007 7 Endnote 3—Legislation history Number and year FRLI registration Commencement Application, saving and transitional provisions 2007 No. 184 29 June 2007 (see F2007L01935) 30 June 2007 2007 No. 309 27 Sept 2007 (see F2007L03873) 28 Sept 2007 — 2007 No. 362 18 Dec 2007 (see F2007L04737 19 Dec 2007 — 2008 No. 208 17 Oct 2008 (see F2008L03793) 18 Oct 2008 — 2008 No. 264 17 Dec 2008 (see F2008L04651) 18 Dec 2008 — 2011 No. 145 8 Aug 2011 (see F2011L01614) 9 Aug 2011 — 272, 2013 (a) 16 Dec 2013 (see F2013L02122) 17 Dec 2013 — (a) Select Legislative Instrument No. 272, 2013 was disallowed by the Senate on 20 March 2014. Federal Register of Legislative Instruments F2014C00283 Endnotes Endnote 4—Amendment history 8 Aboriginal Land Rights (Northern Territory) Regulations 2007 Endnote 4—Amendment history Provision affected How affected Note to r. 4 ..................................... am. 2007 No. 309 r. 5 .................................................. am. 2007 No. 362 r. 5A ............................................... ad. 2011 No. 145 r. 6 .................................................. ad. 2008 No. 208 r. 6A ............................................... ad. 2008 No. 264 r. 6 .................................................. ad. 2007 No. 309 Renumbered r. 9 ............................. 2008 No. 208 r. 9 .................................................. rs. 2008 No. 264 Federal Register of Legislative Instruments F2014C00283 Endnotes Endnote 5—Uncommenced amendments [none] Aboriginal Land Rights (Northern Territory) Regulations 2007 9 Endnote 5—Uncommenced amendments [none] Endnote 6—Modifications [none] Endnote 7—Misdescribed amendments [none] Endnote 8—Miscellaneous [none] Federal Register of Legislative Instruments F2014C00283