Federal Register of Legislation - Australian Government

Primary content

Act No. 129 of 2007 as made
An Act to respond to the Northern Territory's national emergency, and for related purposes
Administered by: Families, Housing, Community Services and Indigenous Affairs
Originating Bill: Northern Territory National Emergency Response Bill 2007
Registered 21 Aug 2007
Date of Assent 17 Aug 2007
Date of repeal 16 Jul 2012
Repealed by Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012

 

 

 

 

 

 

Northern Territory National Emergency Response Act 2007

 

No. 129, 2007

 

 

 

 

 

An Act to respond to the Northern Territory’s national emergency, and for related purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                               2

1............ Short title............................................................................................ 2

2............ Commencement.................................................................................. 2

3............ Definitions.......................................................................................... 3

4............ Prescribed areas.................................................................................. 8

5............ Object of this Act............................................................................... 9

6............ Sunset provision................................................................................. 9

Part 2—Alcohol                                                                                                                      11

Division 1—Preliminary                                                                                            11

7............ Interpretation.................................................................................... 11

8............ Commission and Director must provide information....................... 11

9............ Modifications................................................................................... 11

10.......... Effect of modified Northern Territory laws..................................... 11

Division 2—Prescribed areas                                                                                 12

11.......... Notice of areas.................................................................................. 12

12.......... Modification: prescribed areas......................................................... 12

13.......... Modification: licences within prescribed area.................................. 15

14.......... Modification: permits within prescribed area.................................. 16

15.......... Orders for interlocutory relief.......................................................... 16

16.......... Offence relating to notices................................................................ 16

17.......... Things to be taken into account in deciding whether to seize vehicles 17

18.......... Application of Police Administration Act....................................... 17

19.......... Declarations by Commonwealth Minister....................................... 17

Division 3—Sales of liquor for consumption away from licensed premises         18

20.......... Sales of liquor for consumption away from licensed premises........ 18

21.......... Keeping and producing records........................................................ 19

22.......... Declarations by Commonwealth Minister....................................... 20

Division 4—Liquor Regulations                                                                           21

23.......... Liquor Regulations............................................................................ 21

24.......... Declarations by Commonwealth Minister....................................... 21

Division 5—Application of offences                                                                    22

25.......... Application of offences.................................................................... 22

Part 3—Requirements for publicly funded computers                                     23

26.......... Obligation to install filters................................................................ 23

27.......... Keeping records of use of publicly funded computers..................... 23

28.......... Development of acceptable use policy............................................. 24

29.......... Auditing publicly funded computers................................................ 25

30.......... Offences............................................................................................ 26

Part 4—Acquisition of rights, titles and interests in land                               29

Division 1—Grants of leases for 5 years                                                          29

Subdivision A—Grant of lease                                                                                29

31.......... Grant of lease for 5 years................................................................. 29

32.......... Commencement of certain leases...................................................... 31

33.......... Commencement of certain other leases............................................. 31

34.......... Preserving any existing right, title or other interest.......................... 31

35.......... Terms and conditions of leases......................................................... 32

36.......... Determination of additional terms and conditions............................ 33

37.......... Termination etc. of rights, titles, interests or leases......................... 34

Subdivision B—Special provisions relating to particular land                        35

38.......... Continuation of traditional land claim for Canteen Creek................ 35

39.......... Earlier lease of Nauiyu (Daly River)................................................ 36

40.......... Leases of Finke and Kalkarindji held by Aputula Social Club Incorporated, Aputula Housing Association Incorporated or Daguragu Community Government Council................................ 36

41.......... Modification of Crown Lands Act................................................... 37

42.......... Rights of way................................................................................... 37

Division 2—Acquisition of rights, titles and interests relating to town camps  38

Subdivision A—Resumption and forfeiture of land under the Special Purposes Leases Act           38

43.......... Effect of Special Purposes Leases Act............................................. 38

44.......... Modification of Special Purposes Leases Act.................................. 38

Subdivision B—Resumption and forfeiture of land under the Crown Lands Act                39

45.......... Effect of Crown Lands Act.............................................................. 39

46.......... Modification of Crown Lands Act................................................... 40

Subdivision C—Vesting rights, titles and interests in land in the Commonwealth            41

47.......... Vesting rights, titles and interests in land in the Commonwealth..... 41

48.......... Preservation of specified rights, titles and interests......................... 42

49.......... Termination of existing rights, titles or interests.............................. 43

Division 3—Effect of other laws in relation to land covered by this Part etc.    44

50.......... Application of Commonwealth and Northern Territory laws......... 44

51.......... Native Title Act................................................................................ 44

52.......... Aboriginal Land Rights (Northern Territory) Act............................ 45

53.......... Public Works Committee Act........................................................... 46

54.......... Application of Commonwealth laws................................................ 46

55.......... Registration of dealings with land done by force of this Act........... 47

56.......... Stamp duty and taxes not payable................................................... 47

57.......... Law relating to subdivisions not to apply to leases granted under section 31        48

58.......... Modification of certain NT laws for land covered by this Part etc.. 48

59.......... Application of laws of Northern Territory to land covered by this Part                49

Division 4—Miscellaneous                                                                                      50

60.......... Compensation for acquisition of property....................................... 50

61.......... Amounts paid or payable................................................................. 51

62.......... Payment of rent................................................................................ 51

63.......... Appropriation.................................................................................. 52

64.......... Modification of Part 4 of Schedule 1 by the regulations.................. 52

Part 5—Business management areas                                                                        53

Division 1—Funding agreements                                                                         53

65.......... Commonwealth may vary or terminate funding agreements............ 53

66.......... Effect of varied funding agreement................................................... 53

Division 2—Directions relating to services provided in business management areas 55

Subdivision A—Directions relating to services                                                  55

67.......... Minister may give directions relating to services............................. 55

Subdivision B—Directions relating to assets                                                      56

68.......... Minister may give directions relating to assets................................ 56

Subdivision C—Compliance                                                                                    57

69.......... Civil penalty—failing to comply with direction.............................. 57

Subdivision D—Miscellaneous                                                                               57

70.......... Directions—relationship with existing laws etc............................... 57

71.......... Directions—publication................................................................... 58

Division 3—Observers of community services entities                          59

72.......... Minister may appoint observers...................................................... 59

73.......... Notices.............................................................................................. 59

74.......... Civil penalty—failing to give notice etc. of meeting......................... 60

75.......... Application of Division.................................................................... 60

Division 4—Commonwealth management in business management areas         61

Subdivision A—Commonwealth management of community government councils            61

76.......... Definitions........................................................................................ 61

77.......... Effect of Local Government Act...................................................... 61

78.......... Community government councils—Commonwealth management... 61

Subdivision B—Commonwealth management of incorporated associations  62

79.......... Definitions........................................................................................ 62

80.......... Effect of Associations Act............................................................... 62

81.......... Incorporated associations—Commonwealth management............... 62

Division 5—Enforcement                                                                                         64

Subdivision A—Civil penalties                                                                               64

82.......... Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision    64

83.......... Persons involved in contravening civil penalty provision................ 65

84.......... Relief for contravening civil penalty provisions............................... 65

85.......... Recovery of a pecuniary penalty..................................................... 66

86.......... Gathering information for application for pecuniary penalty.......... 66

87.......... Continuing and multiple contraventions of civil penalty provisions 67

Subdivision B—Application of civil penalty provisions                                      67

88.......... Application of civil penalty provisions........................................... 67

Subdivision C—Injunctions                                                                                     68

89.......... Injunctions........................................................................................ 68

Part 6—Bail and sentencing                                                                                            69

90.......... Matters to be considered in certain bail applications....................... 69

91.......... Matters to which court is to have regard when passing sentence etc. 70

Part 7—Licensing of community stores                                                                    71

Division 1—Meaning of expressions                                                                 71

92.......... Meaning of community store............................................................ 71

93.......... Meaning of assessable matters......................................................... 71

Division 2—Assessments of community stores                                           73

94.......... Community stores may be assessed................................................. 73

95.......... Notice of assessment to be given...................................................... 73

Division 3—Licensing of community stores                                                   74

Subdivision A—Granting and refusing to grant community store licences  74

96.......... Application for a licence to operate a community store.................. 74

97.......... Decision to grant or refuse a community store licence..................... 74

98.......... Community store licence may relate to more than one store........... 75

99.......... Procedure before refusing to grant a community store licence......... 75

100........ Duration of community store licence............................................... 76

101........ Notice of decision............................................................................. 76

Subdivision B—Conditions of community store licences                                  77

102........ Community store licence is subject to conditions............................ 77

103........ Conditions that may be specified or imposed.................................. 77

104........ Condition about satisfactory performance....................................... 78

105........ Condition about monitoring and audits............................................ 78

Subdivision C—Revocation and variation of community store licences          78

106........ Revocation of community store licence............................................ 78

107........ Variation of community store licence............................................... 79

108........ Procedure before revoking or varying a community store licence.... 80

Subdivision D—Surrender and transfer of community store licences           81

109........ Surrender of licence........................................................................... 81

110........ Transfer of licences........................................................................... 81

111........ Transfer of licences—formalities...................................................... 82

Division 4—Acquisition by the Commonwealth                                           83

112........ Acquisition by the Commonwealth of assets and liabilities of a community store 83

113........ Certificates relating to vesting of eligible assets............................... 85

114........ Substitution of Commonwealth as a party to pending proceedings. 85

115........ Certificates taken to be authentic..................................................... 86

Division 5—Authorised officers                                                                            87

116........ Appointment of authorised officers................................................. 87

117........ Identity cards.................................................................................... 87

118........ Power to enter premises for the purpose of making assessments.... 87

119........ Authorised officers may obtain access to records and assistance.... 88

120........ Power to request information........................................................... 88

Division 6—Other matters                                                                                      90

Subdivision A—Interaction with other laws                                                         90

121........ Application of laws of Northern Territory to community stores.... 90

122........ Interaction with other Commonwealth laws.................................... 90

Subdivision B—Legislative instruments                                                              91

123........ Minister may make instruments relating to the meaning of community store         91

124........ Minister may specify conditions by legislative instrument............. 91

125........ Minister may issue guidelines about assessable matters.................. 91

Subdivision C—Other matters                                                                               92

126........ Income management regime.............................................................. 92

127........ Application of offences.................................................................... 92

Part 8—Miscellaneous                                                                                                       93

128........ Delegation......................................................................................... 93

129........ Modification of Northern Territory laws......................................... 93

130........ References in Northern Territory or Commonwealth laws.............. 93

131........ Northern Territory (Self‑Government) Act..................................... 94

132........ Racial Discrimination Act................................................................. 94

133........ Some Northern Territory laws excluded........................................... 94

134........ Compensation for acquisition of property....................................... 95

135........ Regulations....................................................................................... 95

Schedule 1—Property descriptions                                                            97

Part 1—Aboriginal land (within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976)   97

1............ Acacia Larrakia................................................................................. 97

2............ Ali Curung........................................................................................ 99

3............ Amanbidji....................................................................................... 100

4............ Amoonguna..................................................................................... 101

5............ Ampilatwatja.................................................................................. 103

6............ Areyonga........................................................................................ 104

7............ Barunga........................................................................................... 105

8............ Belyuen........................................................................................... 107

9............ Beswick.......................................................................................... 110

10.......... Bulman............................................................................................ 111

11.......... Daguragu......................................................................................... 112

12.......... Galiwinku....................................................................................... 115

13.......... Gapuwiyak..................................................................................... 121

14.......... Gunbalanya..................................................................................... 123

15.......... Gunyangara..................................................................................... 125

16.......... Haasts Bluff.................................................................................... 126

17.......... Hermannsburg................................................................................. 128

18.......... Kaltukatjara.................................................................................... 130

19.......... Kintore............................................................................................ 134

20.......... Lajamanu......................................................................................... 135

21.......... Maningrida...................................................................................... 139

22.......... Manyallaluk.................................................................................... 142

23.......... Milikapiti........................................................................................ 143

24.......... Milingimbi...................................................................................... 145

25.......... Minjilang......................................................................................... 147

26.......... Mt Liebig........................................................................................ 151

27.......... Ngukurr........................................................................................... 154

28.......... Nturiya........................................................................................... 155

29.......... Numbulwar..................................................................................... 157

30.......... Nyirripi........................................................................................... 159

31.......... Palumpa.......................................................................................... 160

32.......... Papunya.......................................................................................... 162

33.......... Peppimenarti.................................................................................. 166

34.......... Pigeon Hole..................................................................................... 168

35.......... Pirlangimpi...................................................................................... 168

36.......... Pmara Jutunta................................................................................. 170

37.......... Ramingining.................................................................................... 172

38.......... Robinson River............................................................................... 175

39.......... Santa Teresa.................................................................................... 176

40.......... Wadeye........................................................................................... 178

41.......... Wallace Rockhole............................................................................ 181

42.......... Warruwi.......................................................................................... 182

43.......... Weemol........................................................................................... 185

44.......... Willowra......................................................................................... 187

45.......... Yirrkala........................................................................................... 189

46.......... Yuelamu.......................................................................................... 190

47.......... Yuendumu....................................................................................... 191

Part 2—Community living areas                                                                                 194

48.......... Alpurrurulam.................................................................................. 194

49.......... Atitjere............................................................................................ 194

50.......... Binjari............................................................................................. 194

51.......... Bulla................................................................................................ 194

52.......... Engawala......................................................................................... 194

53.......... Imangara.......................................................................................... 194

54.......... Imanpa............................................................................................ 194

55.......... Jilkminggan..................................................................................... 196

56.......... Laramba.......................................................................................... 196

57.......... Minyerri......................................................................................... 196

58.......... Rittarangu....................................................................................... 197

59.......... Tara................................................................................................. 197

60.......... Titjikala........................................................................................... 197

61.......... Wilora............................................................................................. 197

62.......... Wutunugurra................................................................................... 197

63.......... Yarralin........................................................................................... 197

Part 3—Miscellaneous                                                                                                     200

64.......... Nauiyu (Daly River)....................................................................... 200

65.......... Canteen Creek................................................................................. 201

Part 4—Town camps                                                                                                          203

66.......... Darwin............................................................................................ 203

67.......... Katherine........................................................................................ 203

68.......... Tennant Creek................................................................................ 204

69.......... Alice Springs................................................................................... 205

Part 5—Low water marks                                                                                               208

70.......... Low water marks............................................................................ 208

Schedule 2—Business management areas                                       209

1............ Places in the Northern Territory.................................................... 209

Schedule 3—Funding agreements                                                             210

Termination or reduction in scope of Agreement.......................................... 210

Schedule 4—Commonwealth management in business management areas: modification of Northern Territory laws                                               212

 


 

 

Northern Territory National Emergency Response Act 2007

No. 129, 2007

 

 

 

An Act to respond to the Northern Territory’s national emergency, and for related purposes

[Assented to 17 August 2007]

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Northern Territory National Emergency Response Act 2007.

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.  Parts 1, 2 and 3 and anything in this Act not elsewhere covered by this table

The day after this Act receives the Royal Assent.

 

18 August 2007

2.  Section 31

The day after this Act receives the Royal Assent.

18 August 2007

3.  Section 32

A single day to be fixed by Proclamation.

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.

17 February 2008

4.  Section 33

A single day to be fixed by Proclamation.

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.

17 February 2008

5.  Sections 34 to 64

The day after this Act receives the Royal Assent.

18 August 2007

6.  Parts 5 to 8 and Schedules 1 to 4

The day after this Act receives the Royal Assent.

18 August 2007

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of 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  Definitions

                   In this Act:

assessable matters has the meaning given by section 93.

Associations Act means the Associations Act of the Northern Territory.

Note:          The reference to the Associations Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

authorised officer means the Secretary or a person appointed by the Secretary under section 116.

bail authority means a court or person authorised to grant bail under a law of the Northern Territory.

business management area means:

                     (a)  an area of land that is covered by a lease granted under paragraph 31(1)(b); or

                     (b)  an area of land referred to, in a clause, in Parts 1 to 3 of Schedule 1 to this Act; or

                     (c)  an area of land or a place in the Northern Territory that is specified in Schedule 2 to this Act; or

                     (d)  an area of land or a place that:

                              (i)  is, or is situated wholly within, the Northern Territory; and

                             (ii)  is declared by the Minister, by legislative instrument, to be a business management area.

civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words “civil penalty” and one or more amounts in penalty units.

Commonwealth interest in land means all rights, titles and interests in the land that are vested in the Commonwealth under section 47.

Commonwealth Minister, in relation to a provision of this Act, means the Minister administering the provision.

community services entity means any of the following:

                     (a)  a community government council within the meaning of the Local Government Act;

                     (b)  an incorporated association within the meaning of the Associations Act;

                     (c)  an Aboriginal and Torres Strait Islander corporation within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006;

                     (d)  any other person or entity:

                              (i)  that performs functions or provides services in a business management area; and

                             (ii)  that is specified by the Minister (whether by reference to a class of person or entity or otherwise), by legislative instrument, for the purposes of this paragraph.

community store has the meaning given by section 92.

community store licence means a licence to operate a community store.

criminal behaviour includes:

                     (a)  any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and

                     (b)  any fault element relating to such a physical element.

Crown Lands Act means the Crown Lands Act of the Northern Territory.

Note:          The reference to the Crown Lands Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

disallowance period for regulations means the period:

                     (a)  beginning on the earliest day on which the regulations are laid before a House of the Parliament in accordance with section 38 of the Legislative Instruments Act 2003; and

                     (b)  ending on the day on which 15 sitting days of each House of the Parliament have passed since the regulations were laid before the particular House of the Parliament.

funding agreement means an agreement or arrangement, in writing, between the Commonwealth and a community services entity under which the entity is provided with funding to provide services in a business management area (whether or not the agreement or arrangement also makes provision in relation to other matters).

income management regime means the legislative scheme to manage certain payments established under the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007, and related measures.

Liquor Act means the Liquor Act of the Northern Territory.

Note:          The reference to the Liquor Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

Liquor Regulations means the Liquor Regulations of the Northern Territory.

Note:          The reference to the Liquor Regulations of the Northern Territory is to be construed as a reference to those Regulations as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

Local Government Act means the Local Government Act of the Northern Territory.

Note:          The reference to the Local Government Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

local government authority means:

                     (a)  a body established for the purposes of local government by or under a law of the Northern Territory; or

                     (b)  a Land Council (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976).

native title rights and interests has the same meaning as in the Native Title Act 1993.

Northern Territory Minister means:

                     (a)  in Division 1, and Subdivision B of Division 2, of Part 4—the Minister administering the Crown Lands Act; and

                     (b)  in Subdivision A of Division 2 of Part 4—the Minister administering the Special Purposes Leases Act; and

                     (c)  in Division 4 of Part 5—the Minister administering the Local Government Act.

operator, in relation to a community store, means the person who is responsible for the overall management and administration of the store.

penalty unit, in relation to a civil penalty provision, has the same meaning as in section 4AA of the Crimes Act 1914.

Police Administration Act means the Police Administration Act of the Northern Territory.

Note:          The reference to the Police Administration Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

prescribed areas has the meaning given by section 4.

publicly funded computer means a computer:

                     (a)  in respect of which any or all of the following apply:

                              (i)  the computer is owned or leased by an individual who, or a body (whether or not incorporated) that, receives funding from the Commonwealth, a State, a Territory or a local government authority;

                             (ii)  the computer is on loan from a body (whether or not incorporated) that receives funding from the Commonwealth, a State, a Territory or a local government authority;

                            (iii)  the computer is owned or leased by an individual who, or a body (whether or not incorporated) that, receives money directly or indirectly from the Commonwealth under an arrangement for the delivery of services, or programs, related to employment; and

                     (b)  that is located in a prescribed area in the Northern Territory, and that is ordinarily so located.

relevant owner of land means the following:

                     (a)  for Aboriginal land (within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976)—the Land Trust that holds the estate in fee simple in the land;

                     (b)  for land granted under subsection 46(1A) of the Lands Acquisition Act of the Northern Territory—the person or body that holds the estate in fee simple in the land;

                     (c)  for Canteen Creek (as described in Part 3 of Schedule 1 to this Act)—the Northern Territory;

                     (d)  for Nauiyu (Daly River) (as described in Part 3 of Schedule 1 to this Act)—the Catholic Church of the Diocese of Darwin Property Trust;

                     (e)  for land in which, at the time section 31 commences, a lease is held by the Aputula Social Club Incorporated, The Aputula Social Club Incorporated, the Aputula Housing Association Incorporated, The Aputula Housing Association Incorporated or the Daguragu Community Government Council—the Northern Territory;

                      (f)  for land in which, at the time section 31 commences, an estate in fee simple is held by the Aputula Social Club Incorporated, The Aputula Social Club Incorporated, the Aputula Housing Association Incorporated, The Aputula Housing Association Incorporated, the Daguragu Community Government Council or the Pine Creek Aboriginal Advancement Association Inc.—the person or body that holds the estate in fee simple in the land.

responsible person for a publicly funded computer means:

                     (a)  if the computer is in the custody and control of a body (whether or not incorporated)—the head (however described) of the body; and

                     (b)  otherwise—the individual in whose custody and control the computer is.

Special Purposes Leases Act means the Special Purposes Leases Act of the Northern Territory.

Note:          The reference to the Special Purposes Leases Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

Telecommunications Minister means the Minister who administers the Telecommunications Act 1997.

working day means a day that is not:

                     (a)  a Saturday or a Sunday; or

                     (b)  a public holiday in the Northern Territory.

4  Prescribed areas

             (1)  The areas in the Northern Territory covered by subsection (2) are prescribed areas.

             (2)  The areas are:

                     (a)  an area covered by paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976; and

                     (b)  any roads, rivers, streams, estuaries or other areas that:

                              (i)  are expressly excluded under Schedule 1 to that Act; or

                             (ii)  are excluded from grants under that Act because of subsection 12(3) or (3A) of that Act; and

                     (c)  land granted to an association under subsection 46(1A) of the Lands Acquisition Act of the Northern Territory (including that land as held by a successor to an association); and

                     (d)  each area in the Northern Territory identified in a declaration under subsection (3).

             (3)  The Commonwealth Minister may declare that areas in the Northern Territory known as town camps that are identified in the declaration are prescribed areas for the purposes of paragraph (2)(d).

             (4)  The Commonwealth Minister may declare that:

                     (a)  an area in the Northern Territory that would otherwise be covered by subsection (2) is not a prescribed area; or

                     (b)  an area in the Northern Territory that is not covered by subsection (2) is a prescribed area.

             (5)  A declaration under subsection (3) or (4) is a legislative instrument.

5  Object of this Act

                   The object of this Act is to improve the well‑being of certain communities in the Northern Territory.

6  Sunset provision

             (1)  This Act (other than this Part, Parts 4, 6 and 8 and Schedule 1 to this Act) ceases to have effect at the end of the period of 5 years beginning on the day after the day on which this Act receives the Royal Assent.

Note:          Part 4 and Schedule 1 to this Act deal with the granting of 5 year leases and the acquisition of an estate in fee simple in land. Part 6 deals with bail and sentencing. Part 8 contains miscellaneous provisions.

             (2)  The regulations may prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of this Act ceasing to have effect in accordance with subsection (1).


 

Part 2Alcohol

Division 1Preliminary

7  Interpretation

                   Expressions used in this Part that are defined in the Liquor Act have the same meanings as in that Act.

8  Commission and Director must provide information

                   The Commission or the Director must, if requested by the Commonwealth Minister to provide information relevant to the operation of this Part, take all reasonable steps to provide the information.

9  Modifications

                   The Liquor Act, the Liquor Regulations and the Police Administration Act have effect subject to the modifications in this Part in relation to a prescribed area.

10  Effect of modified Northern Territory laws

                   The Liquor Act, the Liquor Regulations and the Police Administration Act, as modified by this Part, have effect as laws of the Northern Territory.


 

Division 2Prescribed areas

11  Notice of areas

             (1)  While an area is a prescribed area, the Commission must, if it is practicable to do so, take all such steps as are, in its opinion, necessary to cause to be posted and to be kept posted at:

                     (a)  the place where a customary access route enters the area; and

                     (b)  the customary departure locations for aircraft flying into the area;

a notice:

                     (c)  stating that it is an offence to bring liquor into, to be in possession or control of liquor or to consume or sell liquor within the area; and

                     (d)  specifying the possible penalties for the offence.

             (2)  The Commission must also cause to be published in a newspaper circulating in the district in which the relevant land is situated a notice:

                     (a)  describing the relevant area; and

                     (b)  stating that it is an offence to bring liquor into, to be in possession or control of liquor or to consume or sell liquor within the area; and

                     (c)  specifying the possible penalties for the offence.

             (3)  A failure to comply with subsection (1) or (2) does not invalidate a declaration under section 4.

12  Modification: prescribed areas

             (1)  The Liquor Act has effect as if:

                     (a)  each prescribed area had been declared by the Commission to be a general restricted area under that Act; and

                     (b)  the offences against subsection 75(1) of that Act, so far as they relate to a prescribed area, were replaced by the following provisions of this section.

             (2)  A person commits an offence if:

                     (a)  the person:

                              (i)  brings liquor into an area; or

                             (ii)  has liquor in his or her possession or control within an area; or

                            (iii)  consumes liquor within an area; and

                     (b)  the area is a prescribed area.

Maximum penalty:

                     (c)  10 penalty units for a first offence; or

                     (d)  20 penalty units for a second or subsequent offence.

             (3)  It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the conduct referred to in paragraph (2)(a) was engaged in:

                     (a)  the defendant was in a boat that was on waters in a prescribed area; and

                     (b)  the defendant was engaged in recreational boating activities or commercial fishing activities; and

                     (c)  the boat was not on waters covered by a declaration made by the Commonwealth Minister under subsection (8).

             (4)  A person commits an offence if:

                     (a)  the person:

                              (i)  supplies liquor to a third person; or

                             (ii)  transports liquor intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

                            (iii)  possesses liquor intending to supply any of it to a third person; and

                     (b)  the third person is in a prescribed area.

Maximum penalty:

                     (c)  10 penalty units for a first offence; or

                     (d)  20 penalty units for a second or subsequent offence.

             (5)  It is a defence to a prosecution for an offence against subsection (4) if the defendant proves that, at the time the conduct referred to in paragraph (4)(a) was engaged in:

                     (a)  the defendant was in a boat that was on waters in a prescribed area; and

                     (b)  the defendant was engaged in recreational boating activities or commercial fishing activities; and

                     (c)  the third person was in the same boat; and

                     (d)  the boat was not on waters covered by a declaration made by the Commonwealth Minister under subsection (8).

             (6)  If the quantity of alcohol involved in the commission of an offence against subsection (4) is greater than 1,350 ml:

                     (a)  the maximum penalty for the offence is 680 penalty units or imprisonment for 18 months; and

                     (b)  a person who engages in conduct specified in subparagraph (4)(a)(ii) or (iii) is taken to have done so:

                              (i)  intending to supply the alcohol; or

                             (ii)  believing that another person intends to supply the alcohol;

                            as the subparagraph requires, to a person in a prescribed area.

             (7)  Paragraph (6)(b) does not apply in relation to a subparagraph mentioned in that paragraph if the person proves that he or she did not have the intention or belief required by that subparagraph.

             (8)  The Commonwealth Minister may declare that a specified area of waters in a prescribed area is an area in relation to which a defence under subsection (3) or (5) is not available.

             (9)  A declaration under subsection (8) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the declaration.

           (10)  While an area is declared under subsection (8), the Commission must, if it is practicable to do so, take all such steps as are, in its opinion, necessary to cause to be posted and to be kept posted at the place where a customary access route enters the area a notice stating that a defence under subsection (3) or (5) is not available in relation to the area.

           (11)  The Commission must also cause to be published in a newspaper circulating in the district in which the relevant area is situated a notice stating that a defence under subsection (3) or (5) is not available in relation to the area.

           (12)  A failure to comply with subsection (10) or (11) does not invalidate a declaration under subsection (8).

           (13)  This section does not apply in relation to anything done in the normal course of the provision of a postal service.

           (14)  In this section:

boat means any kind of vessel used in navigation by water.

postal service means a postal service within the meaning of paragraph 51(v) of the Constitution.

supply includes supply by way of sale, exchange or gift.

13  Modification: licences within prescribed area

             (1)  This section applies to a licence under the Liquor Act that is in force within a prescribed area (whenever the licence was issued).

             (2)  Subject to this section and the Liquor Act, the licence continues to have effect according to its terms.

             (3)  The licence is subject to a condition that the licensee must not sell liquor for consumption away from the licensed premises unless the purchaser has a permit issued under section 87 of the Liquor Act that is in force in relation to the relevant prescribed area.

             (4)  The Commonwealth Minister may, by notice in writing given to the licensee and the Commission, determine that the licence does not, from a day specified in the notice and for a period (if any) specified in the notice, authorise the sale of liquor, or the sale and consumption of liquor on, at, or away from, those premises.

             (5)  The Commonwealth Minister may, by notice in writing given to the licensee and the Commission, determine that the conditions of the licence are varied in a way specified in the notice.

             (6)  If a determination is made under subsection (4) or (5), the Liquor Act and the licence have effect accordingly.

14  Modification: permits within prescribed area

             (1)  This section applies to a permit issued under section 87 of the Liquor Act that is in force within a prescribed area (whenever the permit was issued).

             (2)  The Commonwealth Minister may, by notice in writing given to the permit holder and the Commission, determine that the permit does not authorise a person to:

                     (a)  bring liquor into; or

                     (b)  have liquor in his or her possession or under his or her control within; or

                     (c)  consume liquor within;

a prescribed area.

             (3)  The Commonwealth Minister may, by notice in writing given to the permit holder and the Commission, determine that the conditions of the permit are varied in a way specified in the notice.

             (4)  If a determination is made under subsection (2) or (3), the Liquor Act and the permit have effect accordingly.

15  Orders for interlocutory relief

                   A court must not grant an interlocutory order suspending or otherwise affecting a decision of the Commonwealth Minister under section 13 or 14 unless the court is satisfied that there are exceptional circumstances for doing so.

16  Offence relating to notices

             (1)  The Liquor Act has effect as if it included the following provisions of this section.

             (2)  A person commits an offence if the person:

                     (a)  removes a notice posted under subsection 11(1) of the Northern Territory National Emergency Response Act 2007 of the Commonwealth; or

                     (b)  damages such a notice;

while this Division has effect.

Maximum penalty:    5 penalty units.

             (3)  It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that the conduct was engaged in in the course of the person’s duties.

17  Things to be taken into account in deciding whether to seize vehicles

             (1)  The Liquor Act has effect as if it included a provision in the same terms as subsection (2) of this section.

             (2)  In deciding whether to seize a vehicle under section 95 of the Liquor Act, an inspector must have regard to:

                     (a)  whether the main use of the vehicle is for the benefit of a community as a whole; and

                     (b)  the hardship that might be caused to the community if the vehicle were seized.

18  Application of Police Administration Act

                   Division 4 of Part VII of the Police Administration Act applies to each prescribed area as if it were a public place.

Note:          The reference to the Police Administration Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

19  Declarations by Commonwealth Minister

             (1)  The Commonwealth Minister may declare that this Division, or specified provisions of this Division, cease to have effect.

             (2)  A declaration is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the declaration.

Note:          This Act (other than Parts 4, 6 and 8 and Schedule 1) ceases to have effect at the end of the period of 5 years beginning on the day after the day on which this Act receives the Royal Assent: see section 6.


 

Division 3Sales of liquor for consumption away from licensed premises

20  Sales of liquor for consumption away from licensed premises

             (1)  The Liquor Act has effect as if it included the following provisions of this section.

             (2)  A licensee of licensed premises commits an offence if:

                     (a)  the licensee sells to a person (the purchaser) in a single transaction a quantity of liquor containing a quantity of alcohol greater than 1,350 ml; and

                     (b)  the licensee knows that the liquor is for consumption away from the licensed premises or is reckless as to whether it is for consumption away from the licensed premises; and

                     (c)  the licensee has not complied with subsection (5) in relation to the sale.

Maximum penalty:    340 penalty units.

             (3)  An employee of a licensee of licensed premises commits an offence if:

                     (a)  the employee sells to a person (the purchaser) in a single transaction a quantity of liquor containing a quantity of alcohol greater than 1,350 ml; and

                     (b)  the employee knows that the liquor is for consumption away from the licensed premises or is reckless as to whether it is for consumption away from the licensed premises; and

                     (c)  the employee has not complied with subsection (5) in relation to the sale.

Maximum penalty:    60 penalty units.

             (4)  A licensee of licensed premises commits an offence if:

                     (a)  an employee of the licensee sells to a person (the purchaser) in a single transaction a quantity of liquor containing a quantity of alcohol greater than 1,350 ml; and

                     (b)  the employee knows that the liquor is for consumption away from the licensed premises or is reckless as to whether it is for consumption away from the licensed premises; and

                     (c)  the employee has not complied with subsection (5) in relation to the sale.

Maximum penalty:    170 penalty units.

             (5)  The licensee or employee complies with this subsection if, before making the sale, the licensee or employee:

                     (a)  requires the purchaser to produce evidence of the purchaser’s identity that is of a kind listed in subsection (6); and

                     (b)  records the purchaser’s name and address as specified in that identity document; and

                     (c)  asks the purchaser where it is proposed that the alcohol will be consumed, and records the name or address of that place.

             (6)  The kinds of identification are:

                     (a)  a passport; or

                     (b)  a driver’s licence issued in Australia; or

                     (c)  a proof of age card issued by the Motor Vehicle Registry Office of the Northern Territory or a Motor Vehicle Registry Authority in that Territory; or

                     (d)  some other form of identification determined by the Commission.

             (7)  It is a defence to a prosecution for an offence under subsection (4) if the licensee proves that the licensee took all reasonable steps to ensure that the employee was aware of obligations of employees under this section.

21  Keeping and producing records

             (1)  The Liquor Act has effect as if it included the following provisions of this section.

             (2)  A licensee commits an offence if the licensee fails to keep, for at least 3 years after the records are made, records made as mentioned in subsection 20(5) of the Northern Territory National Emergency Response Act 2007 of the Commonwealth.

Maximum penalty:    50 penalty units.

             (3)  A licensee must produce the records kept under subsection (2) to an inspector upon demand being made by the inspector on or at the premises to which the licence relates.

Maximum penalty:    50 penalty units.

22  Declarations by Commonwealth Minister

             (1)  The Commonwealth Minister may declare that this Division, or specified provisions of this Division, cease to have effect.

             (2)  A declaration is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the declaration.

Note:          This Act (other than Parts 4, 6 and 8 and Schedule 1) ceases to have effect at the end of the period of 5 years beginning on the day after the day on which this Act receives the Royal Assent: see section 6.


 

Division 4Liquor Regulations

23  Liquor Regulations

                   The Liquor Regulations have effect as if the following offences included in the Liquor Act under Division 2 of Part 2 of the Northern Territory National Emergency Response Act 2007 of the Commonwealth were infringement offences for the purposes of those Regulations:

                     (a)  an offence against subsection 12(2);

                     (b)  an offence against subsection 12(4) if the quantity of alcohol involved in the commission of the offence is 1,350 ml or less;

                     (c)  an offence against subsection 16(2).

24  Declarations by Commonwealth Minister

             (1)  The Commonwealth Minister may declare that this Division ceases to have effect.

             (2)  A declaration is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the declaration.

Note:          This Act (other than Parts 4, 6 and 8 and Schedule 1) ceases to have effect at the end of the period of 5 years beginning on the day after the day on which this Act receives the Royal Assent: see section 6.


 

Division 5Application of offences

25  Application of offences

                   The offences created by this Part apply to conduct engaged in on or after the 28th day after the commencement of this Part.


 

Part 3Requirements for publicly funded computers

  

26  Obligation to install filters

             (1)  The responsible person for a publicly funded computer must ensure that a filter that has been accredited, in writing, by the Telecommunications Minister is installed on the computer.

Note:          A person commits an offence if the person contravenes this subsection (see section 30).

             (2)  The responsible person for the computer must also ensure that the filter is maintained and updated on the computer.

Note:          A person commits an offence if the person contravenes this subsection (see section 30).

             (3)  However, the filter is not required to filter content for a period if the person who uses the computer during that period needs, for the purposes of his or her work, research or study, to access material that would otherwise be blocked by the filter.

             (4)  An accreditation under subsection (1) is not a legislative instrument.

             (5)  The Minister must cause an accreditation under subsection (1) to be published in the Gazette.

27  Keeping records of use of publicly funded computers

             (1)  The responsible person for a publicly funded computer must ensure that a record is kept of:

                     (a)  each person who uses the computer; and

                     (b)  the time during which, and the day on which, each person uses the computer.

Note:          A person commits an offence if the person contravenes this subsection (see section 30).

             (2)  The responsible person must keep a record kept in respect of a day:

                     (a)  for 3 years from the first 30 November that follows that day; and

                     (b)  if the day is 30 November—for 3 years.

Note:          A person commits an offence if the person contravenes this subsection (see section 30).

28  Development of acceptable use policy

             (1)  The responsible person for a publicly funded computer must ensure that a policy is developed relating to the kinds of use of the computer that are acceptable.

Note:          A person commits an offence if the person does not develop a policy in accordance with this section (see section 30).

             (2)  The Minister may, by legislative instrument, determine matters that the policy must provide for. If the Minister does so, the policy must provide for those matters (although the policy may also provide for additional matters).

             (3)  Without limiting subsection (2), the policy must state that a person must not use the computer:

                     (a)  to access, or to send a communication containing, material or a statement:

                              (i)  that contravenes, or forms part of an activity that contravenes, a law of the Commonwealth, a State or a Territory; or

                             (ii)  that incites a person to contravene a law of the Commonwealth, a State or a Territory; or

                            (iii)  that is slanderous, libellous or defamatory; or

                            (iv)  that is offensive or obscene; or

                             (v)  that is abusive or that threatens the use of violence; or

                            (vi)  that harasses another person on the basis of sex, race, disability or any other status that is protected by a law of the Commonwealth, a State or a Territory; or

                     (b)  to send an anonymous or a repeated communication that is designed to annoy or torment.

             (4)  The responsible person for a publicly funded computer must ensure that each person (the user) who uses the computer with the responsible person’s consent is made aware of:

                     (a)  the matters provided for by the policy; and

                     (b)  the fact that use of the computer by the user is audited; and

                     (c)  the fact that a report of the audit (which might include the user’s name and usage of the computer) is given to the Australian Crime Commission.

Note:          A person commits an offence if the person contravenes this subsection (see section 30).

29  Auditing publicly funded computers

             (1)  The responsible person for a publicly funded computer must ensure that the computer is audited on the days specified in subsection (2) or (3) in the manner determined, in writing, by the Minister.

Note:          A person commits an offence if the person contravenes this subsection (see section 30).

             (2)  The audit must be conducted on:

                     (a)  31 May and 30 November each year; and

                     (b)  any other day determined, by legislative instrument, by the Minister.

             (3)  If 31 May or 30 November is not a working day, then the audit must be conducted on the first working day that follows 31 May or 30 November (as the case requires).

             (4)  The responsible person for a publicly funded computer must ensure that the computer is audited as soon as practicable if the person knows or is reckless that material that contravenes a law of the Commonwealth, a State or a Territory is stored on, or has been accessed by, the computer.

Note:          A person commits an offence if the person contravenes this subsection (see section 30).

             (5)  The responsible person for a publicly funded computer must, within 14 days of conducting an audit, give a report of the audit to the Australian Crime Commission.

Note:          A person commits an offence if the person contravenes this subsection (see section 30).

             (6)  The report must be given in the form approved, in writing, by the Minister.

             (7)  The responsible person must keep a record of the report for 3 years from the day on which the audit is conducted.

Note:          A person commits an offence if the person contravenes this subsection (see section 30).

             (8)  A determination under subsection (1), and the approval of a form under subsection (6), are not legislative instruments.

             (9)  The Minister must cause a determination under subsection (1), or the approval of a form under subsection (6), to be published in the Gazette.

30  Offences

             (1)  A person commits an offence if:

                     (a)  a computer is a publicly funded computer; and

                     (b)  the person is the responsible person for the computer; and

                     (c)  the person contravenes one or more of the following provisions:

                              (i)  subsection 26(1) or (2) (filters);

                             (ii)  subsection 27(1) or (2) (keeping records);

                            (iii)  subsection 28(4) (publication of acceptable use policy);

                            (iv)  subsection 29(1), (5) or (7) (computer audits).

Penalty:  5 penalty units.

             (2)  Subsection (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  Subsection (1) does not apply if:

                     (a)  the responsible person contravenes subsection 26(2); and

                     (b)  either:

                              (i)  the filter was intentionally disabled by another person without the knowledge or consent of the responsible person; or

                             (ii)  the filter was not required to filter content under subsection 26(3).

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  A person commits an offence if:

                     (a)  a computer is a publicly funded computer; and

                     (b)  the person is the responsible person for the computer; and

                     (c)  the person contravenes subsection 29(4) (computer audits).

Penalty:  5 penalty units.

             (5)  A person commits an offence if:

                     (a)  a computer is a publicly funded computer; and

                     (b)  the person is the responsible person for the computer; and

                     (c)  the person contravenes subsection 29(1) or (4) (computer audits); and

                     (d)  material that contravenes a law of the Commonwealth, a State or a Territory is stored on, or has been accessed by, the computer; and

                     (e)  if the person had not contravened that subsection, the storage of the material on, or the access of the material by, the computer would have been identified.

Penalty:  10 penalty units.

             (6)  A person commits an offence if:

                     (a)  a computer is a publicly funded computer; and

                     (b)  the person is the responsible person for the computer; and

                     (c)  the person does not develop a policy in accordance with subsections 28(1), (2) and (3) (acceptable use policy).

Penalty:  5 penalty units.

             (7)  Subsection (6) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (8)  The offences created by this section apply to conduct engaged in on or after the 28th day after the day on which this Act receives the Royal Assent.


 

Part 4Acquisition of rights, titles and interests in land

Division 1Grants of leases for 5 years

Subdivision AGrant of lease

31  Grant of lease for 5 years

             (1)  A lease of the following land is, by force of this subsection, granted to the Commonwealth by the relevant owner of the land:

                     (a)  land referred to, in a clause, in Parts 1 to 3 of Schedule 1 to this Act;

                     (b)  any of the following land that is prescribed by the regulations:

                              (i)  Aboriginal land (within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976);

                             (ii)  land granted to an association under subsection 46(1A) of the Lands Acquisition Act of the Northern Territory (including that land as held by a successor to an association);

                            (iii)  land in which, at the time this section commences, an estate in fee simple or a lease is held by the Aputula Social Club Incorporated, The Aputula Social Club Incorporated, the Aputula Housing Association Incorporated, The Aputula Housing Association Incorporated, the Daguragu Community Government Council or the Pine Creek Aboriginal Advancement Association Inc.

Note 1:       Certain land might be excluded from, or included in, a lease (see subsection (3) and subsection 35(6)).

Note 2:       For the effect of Commonwealth and Northern Territory laws in relation to a lease granted under this section, see Division 3.

             (2)  A lease granted under subsection (1) is for a term:

                     (a)  beginning:

                              (i)  if the lease is of land referred to in clause 2, 4, 5, 6, 11, 13, 14, 15, 17, 18, 19, 27, 30, 32, 36, 37, 39, 41, 45, 47, 48, 49, 57, 60, 62 or 63 of Schedule 1 to this Act—at the time at which this section commences; or

                             (ii)  if the lease is of land referred to in clause 1, 3, 7, 8, 9, 10, 12, 21, 22, 23, 24, 25, 29, 31, 33, 34, 35, 38, 40, 42, 43, 50, 51, 55 or 58 of Schedule 1 to this Act—at the time specified in section 32; or

                            (iii)  if the lease is of land referred to in clause 16, 20, 26, 28, 44, 46, 52, 53, 54, 56, 59, 61 or 65 of Schedule 1 to this Act—at the time specified in section 33; or

                            (iv)  if the lease is of land referred to in clause 64 of Schedule 1 to this Act, and that land has been prescribed by regulations for the purposes of this subparagraph—on the first day after the end of the disallowance period for the regulations (subject to section 42 of the Legislative Instruments Act 2003); or

                             (v)  if the lease is of land prescribed by the regulations under paragraph (1)(b)—on the first day after the end of the disallowance period for the regulations (subject to section 42 of the Legislative Instruments Act 2003); and

                     (b)  ending 5 years after the time at which this section commences.

Note:          The lease might be terminated early under subsection 35(7) or subsection 37(7).

Exclusion of land covered by earlier leases

             (3)  If:

                     (a)  land would, apart from this subsection, be covered by a lease granted under subsection (1); and

                     (b)  a registered lease covering all or part of that land (the whole or the part being the previously leased land) existed immediately before the lease granted under subsection (1) takes effect;

then, at the time the lease granted under subsection (1) takes effect, the previously leased land is, by force of this subsection, excluded from the land that is covered by the lease granted under subsection (1).

Note:          This subsection does not apply to leases of Nauiyu (Daly River), Finke or Kalkarindji (see sections 39 and 40).

             (4)  To avoid doubt, a registered lease referred to in paragraph (3)(b) may also cover land that is not covered by a lease granted under subsection (1).

32  Commencement of certain leases

                   Leases referred to in subparagraph 31(2)(a)(ii) commence at the time at which this section commences.

33  Commencement of certain other leases

                   Leases referred to in subparagraph 31(2)(a)(iii) commence at the time at which this section commences.

34  Preserving any existing right, title or other interest

             (1)  This section applies to any right, title or other interest in land if:

                     (a)  the land is covered by a lease granted under section 31; and

                     (b)  the right, title or interest exists immediately before the time that lease takes effect.

Note:          This section does not apply to leases of Nauiyu (Daly River), Finke or Kalkarindji (see sections 39 and 40).

             (2)  However, this section does not apply to any native title rights and interests.

Note:          Native title rights and interests are dealt with in section 51.

             (3)  The right, title or interest is preserved as a right, title or interest (as the case requires) in the land after that time.

Note:          The right, title or interest can be terminated under subsection 37(1).

             (4)  If the right, title or interest in the land was granted by the relevant owner of the land, the right, title or interest has effect, while the lease is in force, as if it were granted by the Commonwealth on the same terms and conditions as existed immediately before that time.

             (5)  However, at any time, the Minister may determine in writing that subsection (4) does not apply to a right, title or interest.

             (6)  The Minister must give a copy of a determination under subsection (5) to the person who holds the right, title or interest. The Minister may also give a copy of the determination to the relevant owner of the land and any other relevant person.

             (7)  The determination takes effect at the time specified in the determination (which must not be earlier than the day on which the determination is given to the person who holds the right, title or interest).

             (8)  Subsection (4) is to be disregarded for the purposes of subsection 19A(11) of the Aboriginal Land Rights (Northern Territory) Act 1976.

             (9)  A determination under subsection (5) is not a legislative instrument.

           (10)  A reference in this section to a right, title or interest includes a reference to a licence.

35  Terms and conditions of leases

             (1)  A lease of land granted under section 31 gives the Commonwealth exclusive possession and quiet enjoyment of the land while the lease is in force (subject to section 34, subsection 37(6) and section 52).

Note:          The Minister may determine additional terms and conditions under section 36.

             (2)  The Commonwealth is not liable to pay to the relevant owner of land any rent in relation to a lease of that land granted under section 31, except in accordance with section 62.

             (3)  No action, suit or proceeding lies against the Commonwealth in relation to any act or omission of the Commonwealth that results in loss, damage or injury to any person or property as a result of the condition, at the time the lease takes effect, of the land, or of buildings or infrastructure on the land.

             (4)  The relevant owner of land covered by a lease granted under section 31 may not vary or terminate the lease.

             (5)  The Commonwealth may not transfer a lease granted under section 31. However, the Commonwealth may, at any time, sublease, license, part with possession of, or otherwise deal with, its interest in the lease.

             (6)  The Commonwealth may, at any time, vary a lease granted under section 31 by:

                     (a)  excluding land from the lease; or

                     (b)  including in the lease any land that was excluded under subsection 31(3).

Note:          The Minister may also vary additional terms and conditions of the lease under section 36.

             (7)  The Commonwealth may terminate a lease granted under section 31 at any time.

             (8)  The Commonwealth varies a lease of land under subsection (6), or terminates a lease of land under subsection (7), by the Minister giving notice in writing to the relevant owner of the land.

             (9)  If the Commonwealth varies a lease under subsection (6), the notice must specify the land excluded from, or included in, the lease.

           (10)  A variation or termination takes effect, by force of this subsection, at the time specified in the notice given under subsection (8) (which must not be earlier than the day on which the notice is given to the relevant owner of the land).

           (11)  A notice given under subsection (8) is not a legislative instrument.

36  Determination of additional terms and conditions

             (1)  A lease granted under section 31 is to be on such other terms and conditions as are determined by the Minister.

             (2)  The Minister may vary the terms and conditions determined under subsection (1) in relation to all leases, or any specified lease, granted under section 31.

             (3)  If the Minister varies the terms and conditions of a specified lease of land, the Minister must give a copy of the variation to the relevant owner of the land.

             (4)  A variation under subsection (2) takes effect, by force of this subsection, at the time specified in paragraph 12(1)(d) of the Legislative Instruments Act 2003.

             (5)  The terms and conditions determined under subsection (1), and a variation under subsection (2), are legislative instruments, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the terms or conditions or the variation.

             (6)  Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to the terms and conditions determined under subsection (1).

37  Termination etc. of rights, titles, interests or leases

Termination of existing rights, titles, interests or leases

             (1)  The Commonwealth may, at any time, terminate:

                     (a)  a right, title or interest that is preserved under section 34; or

                     (b)  a lease (the earlier lease) of land that (under subsection 31(3)) is excluded from the land covered by a lease (the later lease) granted under section 31.

Note:          Compensation might be payable under section 60 if the Commonwealth terminates a right, title, interest or lease under this section.

             (2)  Subsection (1) does not apply to rights granted under sections 12A, 14, 18, 18A, 18B, 20W, 20X, 20ZH and 20ZI of the Aboriginal Land Rights (Northern Territory) Act 1976.

             (3)  The Commonwealth terminates a right, title or interest in land, or a lease of land, by the Minister giving notice in writing to the person who holds the right, title, interest or lease. The Minister may also give a copy of the notice to the relevant owner of the land and any other relevant person.

             (4)  The termination takes effect, by force of this subsection, at the time specified in the notice (which must not be earlier than the day on which the notice is given to the person who holds the right, title, interest or lease).

             (5)  A notice given under subsection (3) is not a legislative instrument.

Early termination of lease on granting a subsequent lease of a township

             (6)  Despite the grant of a lease of Aboriginal land under section 31, the Land Trust for the land may, in accordance with section 19A of the Aboriginal Land Rights (Northern Territory) Act 1976, grant a lease (the township lease) of a township.

Note:          The Land Trust may also grant a lease of land under section 19 of that Act (see section 52 of this Act).

             (7)  If the Land Trust grants a township lease that covers all of the land, the lease granted under section 31 of that land is terminated by force of this subsection.

             (8)  If the Land Trust grants a township lease that covers part of the land, the lease granted under section 31 that covers that part is varied, by force of this subsection, to exclude that part.

             (9)  The lease granted under section 31 is terminated, or varied, at the time the township lease takes effect.

Subdivision BSpecial provisions relating to particular land

38  Continuation of traditional land claim for Canteen Creek

             (1)  The grant, under section 31, of the lease of Canteen Creek (as described in clause 65 of Schedule 1 to this Act) has effect despite section 67A of the Aboriginal Land Rights (Northern Territory) Act 1976 (which is about land subject to traditional land claims).

             (2)  The grant of that lease does not affect any application, made under paragraph 50(1)(a) of that Act in relation to that land, that has not been finally disposed of immediately before the lease takes effect, except as set out in this section.

             (3)  If, as a result of such an application, the Governor‑General executes a deed of grant of an estate in fee simple in that land, then, despite subsection 12(4) of that Act, the deed is of no effect until the lease ends.

39  Earlier lease of Nauiyu (Daly River)

             (1)  If a lease (the earlier lease) that covers Nauiyu (Daly River) (as described in clause 64 of Schedule 1 to this Act) is in force immediately before a lease (the later lease) of part of that land is granted under section 31, the earlier lease is varied, by force of this subsection, to exclude the land covered by the later lease.

             (2)  The variation under subsection (1) takes effect at the time the later lease takes effect.

             (3)  The grant of the later lease does not affect the earlier lease, except as set out in this section.

             (4)  If, when the later lease ends, the earlier lease is still in force, then the earlier lease is varied, by force of this subsection, to include the land excluded under subsection (1).

             (5)  The variation under subsection (4) takes effect at the time the later lease ends.

             (6)  This section has effect despite subsection 31(3).

40  Leases of Finke and Kalkarindji held by Aputula Social Club Incorporated, Aputula Housing Association Incorporated or Daguragu Community Government Council

             (1)  If:

                     (a)  a lease of land (the earlier lease) is referred to in paragraph (e) of the definition of relevant owner in section 3; and

                     (b)  another lease (the later lease) is granted under section 31 that covers all of that land;

the earlier lease is suspended while the later lease is in force.

             (2)  The suspension takes effect, by force of this subsection, at the time the later lease takes effect.

             (3)  The suspension ceases, by force of this subsection, at the time the later lease ends.

             (4)  This section has effect despite subsection 31(3).

41  Modification of Crown Lands Act

             (1)  The Crown Lands Act has effect, in relation to the land referred to in Part 2 of Schedule 1 to this Act that is covered by a lease granted under section 31, as if the reference in subsection 20(2) of that Act to the Minister included a reference to the Commonwealth Minister.

             (2)  The Crown Lands Act, as modified by subsection (1), has effect as a law of the Northern Territory.

             (3)  To avoid doubt, the Commonwealth Minister makes an agreement with an association under subsection 20(2) of the Crown Lands Act on behalf of the Northern Territory Minister.

42  Rights of way

             (1)  If more than one area of land is covered by a lease granted under section 31, the Commonwealth and its employees and agents have a right to use the shortest practicable route, on an existing road or track, between the areas of land.

             (2)  If:

                     (a)  land is:

                              (i)  granted to an association under subsection 46(1A) of the Lands Acquisition Act of the Northern Territory; or

                             (ii)  owned by the Catholic Church of the Diocese of Darwin Property Trust; and

                     (b)  only a part (the leased land) of that land is covered by a lease granted under section 31 of this Act; and

                     (c)  a road through another part of the land granted to the association, or owned by the Trust, gives access to the leased land;

the Commonwealth and its employees and agents have a right to use that road to access the leased land.


 

Division 2Acquisition of rights, titles and interests relating to town camps

Subdivision AResumption and forfeiture of land under the Special Purposes Leases Act

43  Effect of Special Purposes Leases Act

             (1)  The Special Purposes Leases Act has effect, in relation to the following land that is the subject of a lease granted under that Act, subject to the modifications in this Subdivision:

                     (a)  land referred to in Part 4 of Schedule 1 to this Act;

                     (b)  any land in the Northern Territory prescribed by the regulations for the purposes of this section.

             (2)  The Special Purposes Leases Act, as modified by this Subdivision, has effect as a law of the Northern Territory.

44  Modification of Special Purposes Leases Act

             (1)  The Special Purposes Leases Act has effect, in relation to land referred to in section 43, as if:

                     (a)  references in the following provisions of that Act to the Northern Territory Minister or the Administrator included references to the Commonwealth Minister:

                              (i)  sections 13, 14, 15, 17, 24, 25, 26, 29, 30 and 32;

                             (ii)  section 23 (other than paragraph 23(1)(da));

                            (iii)  paragraph 28(a); and

                     (b)  in the case of the Commonwealth Minister exercising powers under the provisions referred to in paragraph (a):

                              (i)  the reference in section 29 of that Act to 6 months’ notice were a reference to 60 days’ notice; and

                             (ii)  the first reference to the Territory in subsection 26(2) of that Act were a reference to the Commonwealth;

                            (iii)  the reference to the Territory in subsection 32(3) of that Act were a reference to the Commonwealth;

                            (iv)  references in section 24 of that Act to the Gazette were references to either the Gazette of the Northern Territory or the Gazette of the Commonwealth.

             (2)  To avoid doubt, the Commonwealth Minister forfeits a lease of land, or resumes land, under the Special Purposes Leases Act on behalf of the Northern Territory Minister or the Administrator of the Northern Territory.

             (3)  The regulations may further modify the effect of the Special Purposes Leases Act for the purposes of this section.

             (4)  The Commonwealth Minister may give a notice under subsection 23(1), or make a Proclamation under section 28, of the Special Purposes Leases Act only if the notice is given or the Proclamation is made:

                     (a)  for land referred to in paragraph 43(1)(b)—after the end of the disallowance period for the regulations; and

                     (b)  in any case—before the end of the period of 5 years beginning on the day on which this section commences.

             (5)  In subsection (3):

modify includes add, omit and substitute.

Subdivision BResumption and forfeiture of land under the Crown Lands Act

45  Effect of Crown Lands Act

             (1)  The Crown Lands Act has effect, in relation to the following land that is the subject of a lease granted under that Act, subject to the modifications in this Subdivision:

                     (a)  land referred to in Part 4 of Schedule 1 to this Act;

                     (b)  any land in the Northern Territory prescribed by the regulations for the purposes of this section.

             (2)  The Crown Lands Act, as modified by this Subdivision, has effect as a law of the Northern Territory.

46  Modification of Crown Lands Act

             (1)  The Crown Lands Act has effect, in relation to land referred to in section 45, as if:

                     (a)  references in the following provisions of that Act to the Northern Territory Minister or the Administrator included references to the Commonwealth Minister:

                              (i)  sections 38, 77, 81, 82, 83, 84, 85 and 87;

                             (ii)  paragraph 76(1)(a);

                            (iii)  subsection 80(1); and

                     (b)  in the case of the Commonwealth Minister exercising powers under the provisions referred to in paragraph (a):

                              (i)  the reference in subsections 80(2), (3) and (4) of that Act to a period of notice were a reference to a period of notice of 60 days; and

                             (ii)  references in subsection 81(1) and section 87 of that Act to the Gazette were references to either the Gazette of the Northern Territory or the Gazette of the Commonwealth; and

                            (iii)  subsection 82(2) of that Act did not apply.

             (2)  To avoid doubt, the Commonwealth Minister forfeits a lease of land, or resumes land, under the Crown Lands Act on behalf of the Northern Territory Minister or the Administrator of the Northern Territory.

             (3)  The regulations may further modify the effect of the Crown Lands Act for the purposes of this section.

             (4)  The Commonwealth Minister may give a notice under paragraph 38(3)(d) or make a Proclamation under paragraph 76(1)(a), of the Crown Lands Act only if the notice is given or the Proclamation is made:

                     (a)  for land referred to in paragraph 45(1)(b)—after the end of the disallowance period for the regulations; and

                     (b)  in any case—before the end of the period of 5 years beginning on the day on which this section commences.

             (5)  In subsection (3):

modify includes add, omit and substitute.

Subdivision CVesting rights, titles and interests in land in the Commonwealth

47  Vesting rights, titles and interests in land in the Commonwealth

             (1)  The Commonwealth Minister may, on behalf of the Commonwealth, give to the Northern Territory a notice specifying any of the following land that is the subject of a lease under the Special Purposes Leases Act or the Crown Lands Act:

                     (a)  land referred to in Part 4 of Schedule 1 to this Act;

                     (b)  any land in the Northern Territory prescribed by the regulations for the purposes of this section.

             (2)  A notice may specify land referred to in subsection (1) whether or not that land has been resumed or forfeited under the Special Purposes Leases Act or the Crown Lands Act.

             (3)  All rights, titles and interests in land that is specified in a notice given under subsection (1) are (subject to sections 48 and 51):

                     (a)  vested in the Commonwealth; and

                     (b)  freed and discharged from all other rights, titles and interests and from all trusts, restrictions, dedications, reservations, obligations, mortgages, encumbrances, contracts, licences, charges and rates.

Note 1:       Native title rights and interests are dealt with in section 51.

Note 2:       The notice may specify rights, titles and interests that are to be preserved under section 48.

Note 3:       For the effect of Commonwealth and Northern Territory laws in relation to rights, titles and interests vested under this section, see Division 3.

             (4)  The vesting takes effect, by force of this subsection, at the time specified in the notice (which must not be earlier than the day on which the notice is given to the Northern Territory).

             (5)  A copy of a notice given under subsection (1) must be published in the Gazette of the Commonwealth within 7 days of the notice being given to the Northern Territory.

             (6)  Failure to comply with subsection (5) does not invalidate a notice.

             (7)  A notice given under subsection (1) is not a legislative instrument.

             (8)  The Commonwealth Minister may give a notice under subsection (1) only if the notice is given:

                     (a)  for land referred to in paragraph (1)(b)—after the end of the disallowance period for the regulations; and

                     (b)  in any case—before the end of the period of 5 years beginning on the day on which this section commences.

             (9)  In this section, a reference to rights, titles and interests in land does not include a reference to rights, titles and interests in relation to minerals, petroleum or gas (including rights, titles or interests to explore, prospect, mine, mine for, or extract, minerals, petroleum or gas).

48  Preservation of specified rights, titles and interests

             (1)  If a right, title or interest is specified in a notice given under section 47 as a right, title or interest which is to be preserved, the right, title or interest is preserved as a right, title or interest (as the case requires) in the land after that time.

Note:          The right, title or interest can be terminated under section 49.

             (2)  If:

                     (a)  a right, title or interest in land is preserved under subsection (1); and

                     (b)  the right, title or interest was granted by the proprietor of the land;

the Commonwealth Minister may determine that the right, title or interest has effect, while the Commonwealth interest in the land exists, as if it were granted by the Commonwealth on the same terms and conditions as existed immediately before the time specified in the notice.

             (3)  The Commonwealth Minister must give a copy of a determination under subsection (2) to the person who holds the right, title or interest. The Commonwealth Minister may also give a copy of the determination to any other relevant person.

             (4)  The determination takes effect at the time specified in the determination (which must not be earlier than the day on which the determination is given to the person who holds the right, title or interest).

             (5)  A determination under subsection (2) is not a legislative instrument.

             (6)  In this section, a reference to a right, title or interest includes a reference to a licence.

49  Termination of existing rights, titles or interests

             (1)  The Commonwealth may terminate a right, title or interest in land that is preserved under section 48, while the Commonwealth interest in the land exists.

Note:          Compensation might be payable under section 60 if the Commonwealth terminates a right, title or interest under this section.

             (2)  The Commonwealth terminates a right, title or interest in land by the Minister giving notice in writing to the person who holds the right, title or interest. The Minister may also give a copy of the notice to any other relevant person.

             (3)  The termination takes effect, by force of this subsection, at the time specified in the notice (which must not be earlier than the day on which the notice is given to the person who holds the right, title or interest).

             (4)  A notice given under subsection (2) is not a legislative instrument.


 

Division 3Effect of other laws in relation to land covered by this Part etc.

50  Application of Commonwealth and Northern Territory laws

             (1)  Divisions 1 and 2 of this Part, and section 52, have effect despite any other law of the Commonwealth or the Northern Territory (whether written or unwritten).

             (2)  Without limiting subsection (1), the provisions referred to in that subsection have effect despite anything contained in the Lands Acquisition Act 1989.

51  Native Title Act

             (1)  Division 3 of Part 2 of the Native Title Act 1993 does not apply in relation to the following acts:

                     (a)  either:

                              (i)  the grant of a lease of land under section 31; or

                             (ii)  the vesting of rights, titles and interests in land under section 47;

                     (b)  any other act done by, under or in accordance with any other provision of this Part;

                     (c)  any act done by the Commonwealth, the Northern Territory or an Authority, within the period of 5 years beginning on the day on which this section commences, on land that has been resumed, or on land in respect of which a lease has been forfeited, in accordance with Division 2 of this Part (other than land in which a Commonwealth interest exists);

                     (d)  any act done by the Commonwealth, the Northern Territory or an Authority on land in which a Commonwealth interest exists;

                     (e)  any act (whether done by, under or in accordance with a law of the Commonwealth or the Northern Territory) that is related to an act referred to in paragraph (a), (b), (c) or (d).

Note:          Division 3 of Part 2 of the Native Title Act 1993 is about future acts.

             (2)  The non‑extinguishment principle (within the meaning of the Native Title Act 1993) applies to the acts referred to in subsection (1).

             (3)  In this section:

Authority has the meaning given by the Aboriginal Land Rights (Northern Territory) Act 1976.

52  Aboriginal Land Rights (Northern Territory) Act

Grants of leases by a Land Trust under section 19

             (1)  Despite the grant of a lease of Aboriginal land under section 31, the Land Trust for the land may grant another lease, in accordance with section 19 of the Aboriginal Land Rights (Northern Territory) Act 1976, that covers part of that land.

             (2)  The consent, in writing, of the Minister is required for the grant or variation of a lease under section 19 of that Act (as it applies because of subsection (1)) while the lease under section 31 is in force.

             (3)  If, in accordance with section 19 of the Aboriginal Land Rights (Northern Territory) Act 1976 and this section, the Land Trust grants a lease that covers part of the land, the lease granted under section 31 that covers that part is varied, by force of this subsection, to exclude that part.

             (4)  A variation under subsection (3) takes effect at the time the lease granted under section 19 of that Act takes effect.

             (5)  To avoid doubt, subsection (1) does not authorise a Land Trust to deal with an estate or interest in land covered by a lease granted under section 31, other than by granting a lease.

No approval required for certain contracts

             (6)  Subsection 27(3) of the Aboriginal Land Rights (Northern Territory) Act 1976 does not apply in relation to a contract with the Commonwealth relating to land covered by a lease granted under section 31.

Dealings by the Commonwealth

             (7)  To avoid doubt, subsection 19(8) of the Aboriginal Land Rights (Northern Territory) Act 1976 does not apply in relation to the grant, by the Commonwealth, of an interest in any land covered by a lease granted under section 31.

Payments in relation to land

             (8)  To avoid doubt, any amount of compensation paid in relation to Aboriginal land in accordance with section 60 (acquisition of property) is, for the purposes of subsection 35(4) of the Aboriginal Land Rights (Northern Territory) Act 1976, a payment in respect of Aboriginal land.

53  Public Works Committee Act

             (1)  Section 18 of the Public Works Committee Act 1969 does not apply in relation to work that is proposed to be carried out on the following land:

                     (a)  land covered by a lease granted under section 31;

                     (b)  land in which a Commonwealth interest exists;

                     (c)  land resumed or forfeited in accordance with Division 2 of this Part (other than land referred to in paragraph (1)(b)).

             (2)  Subsection (1) applies in relation to land referred to in paragraph (1)(c) only within the period of 5 years beginning on the day on which this section commences.

54  Application of Commonwealth laws

             (1)  The Minister may, by legislative instrument, specify a law, or a provision of a law, of the Commonwealth for the purposes of this section. The specified law or provision has no effect to the extent that it would, apart from this section, regulate, hinder or prevent the doing of an act in relation to:

                     (a)  land covered by a lease granted under section 31; or

                     (b)  land in which a Commonwealth interest exists; or

                     (c)  land resumed or forfeited in accordance with Division 2 of this Part (other than land referred to in paragraph (1)(b)).

             (2)  Subsection (1) applies in relation to land referred to in paragraph (1)(c) only within the period of 5 years beginning on the day on which this section commences.

55  Registration of dealings with land done by force of this Act

             (1)  This section applies in relation to the following dealings with land:

                     (a)  the grant of a lease under section 31;

                     (b)  the variation or termination of a lease granted under section 31;

                     (c)  a transfer of a right, title or interest under subsection 34(4) or (5) or 48(2);

                     (d)  the termination of a right, title or interest, or a lease, under subsection 37(1) or section 49;

                     (e)  the variation of a lease under section 39;

                      (f)  the suspension, or the cessation of the suspension, of a lease under section 40;

                     (g)  the vesting of rights, titles and interests in land under section 47;

                     (h)  any other dealing with land that occurs:

                              (i)  under or by force of this Act; or

                             (ii)  under or by force of the Special Purposes Leases Act or the Crown Lands Act for the purposes of this Act.

             (2)  The Minister may lodge with the Registrar‑General for the Northern Territory (or other appropriate officer) a notification, certified by writing signed by the Minister, of the dealing with the land.

             (3)  The officer with whom the notification is lodged must deal with and give effect to it as if it were a grant, conveyance, memorandum or instrument of transfer of relevant rights, titles and interests done under the laws of the Northern Territory.

56  Stamp duty and taxes not payable

                   No stamp duty or similar tax is payable under a law of the Northern Territory in relation to:

                     (a)  a grant or variation of a lease that occurs by force of Division 1 of this Part or section 52; or

                     (b)  the vesting of rights, titles and interests in land under section 47; or

                     (c)  any sublease granted by the Commonwealth under subsection 35(5).

57  Law relating to subdivisions not to apply to leases granted under section 31

                   The procedures for the subdivision of land, under the law of the Northern Territory relating to the transfer of land, do not apply in relation to land covered by a lease granted under section 31.

58  Modification of certain NT laws for land covered by this Part etc.

             (1)  This section applies in relation to the following:

                     (a)  land covered by a lease granted under section 31;

                     (b)  land in which a Commonwealth interest exists;

                     (c)  land resumed or forfeited in accordance with Division 2 of this Part (other than land referred to in paragraph (1)(b)).

             (2)  Subsection (1) applies in relation to land referred to in paragraph (1)(c) only within the period of 5 years beginning on the day on which this section commences.

             (3)  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)  local government; or

                     (e)  other prescribed matters;

to the extent that the law applies to the land.

             (4)  In subsection (3):

modifications includes additions, omissions and substitutions.

59  Application of laws of Northern Territory to land covered by this Part

             (1)  To the extent that a law of the Northern Territory is capable of operating concurrently with this Act, this Part does not affect the application of the law to:

                     (a)  land covered by a lease granted under section 31; or

                     (b)  land in which a Commonwealth interest exists; or

                     (c)  land resumed or forfeited in accordance with Division 2 of this Part (other than land referred to in paragraph (1)(b)).

             (2)  Subsection (1) applies in relation to land referred to in paragraph (1)(c) only within the period of 5 years beginning on the day on which this section commences.


 

Division 4Miscellaneous

60  Compensation for acquisition of property

             (1)  Subsection 50(2) of the Northern Territory (Self‑Government) Act 1978 does not apply in relation to any acquisition of property referred to in that subsection that occurs as a result of:

                     (a)  the operation of this Part; or

                     (b)  any act done in relation to the following land:

                              (i)  land covered by a lease granted under section 31;

                             (ii)  land that has been resumed, or land in respect of which a lease has been forfeited, by the Commonwealth under the Special Purposes Leases Act or the Crown Lands Act;

                            (iii)  land in which a Commonwealth interest exists; or

                     (c)  any act done by the Commonwealth Minister under the Special Purposes Leases Act or the Crown Lands Act.

             (2)  However, if the operation of this Part, or an act referred to in paragraph (1)(b) or (c), would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (3)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

Note:          The Court must take account of certain amounts paid or payable by the Commonwealth (see section 61).

             (4)  In subsection (2):

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

61  Amounts paid or payable

                   For the purposes of section 60, in determining a reasonable amount of compensation that is payable in relation to land, the Court must take account of:

                     (a)  any amounts of rent paid or payable in relation to the land under section 62; and

                     (b)  any amounts of compensation paid or payable by the Commonwealth under the Special Purposes Leases Act or the Crown Lands Act in relation to the land; and

                     (c)  any improvements to the land that are funded by the Commonwealth (whether before or after a lease is granted to, or all rights, titles or interests are vested in, the Commonwealth), including the construction of, or improvements to, any buildings or infrastructure on the land.

62  Payment of rent

             (1)  The Commonwealth Minister may, from time to time, request the Valuer‑General (appointed under section 5 of the Valuation of Land Act of the Northern Territory) to determine a reasonable amount of rent to be paid by the Commonwealth to the relevant owner (not being the Northern Territory) of land that is covered by a lease granted under section 31.

             (2)  The Valuer‑General must comply with a request from the Commonwealth Minister.

             (3)  Sections 7, 41 and 42 of the Valuation of Land Act of the Northern Territory apply, in relation to a request by the Commonwealth Minister under this section, as if a reference in those sections to the Valuation of Land Act were a reference to this section.

             (4)  In making a determination under subsection (1), the Valuer‑General must not take into account the value of any improvements on the land.

             (5)  The Commonwealth must pay the amount determined by the Valuer‑General in relation to the land to the relevant owner of the land while the lease is in force.

63  Appropriation

             (1)  The section applies to the following amounts:

                     (a)  an amount that is payable by the Commonwealth under section 60 or 62;

                     (b)  an amount that is payable by the Commonwealth under the Special Purposes Leases Act;

                     (c)  an amount that is payable by the Commonwealth under the Crown Lands Act;

                     (d)  an amount:

                              (i)  that is paid to the Commonwealth in respect of a right, title or interest in land that is taken to have been granted by the Commonwealth under subsection 34(4); and

                             (ii)  that is payable by the Commonwealth to the relevant owner of the land;

                     (e)  an amount:

                              (i)  that is paid to the Commonwealth in respect of a sublease granted by the Commonwealth under subsection 35(5); and

                             (ii)  that is payable by the Commonwealth to the relevant owner of the land.

             (2)  Amounts referred to in subsection (1) are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

64  Modification of Part 4 of Schedule 1 by the regulations

             (1)  The regulations may amend Part 4 of Schedule 1 to this Act by omitting land referred to in that Part.

             (2)  For the purposes of the Amendments Incorporation Act 1905, amendments made by regulations for the purposes of this section are to be treated as if they had been made by an Act.

Note:          This subsection ensures that the amendments can be incorporated in a reprint of the Act.


 

Part 5Business management areas

Division 1Funding agreements

65  Commonwealth may vary or terminate funding agreements

             (1)  This section applies to a funding agreement whether entered into before, on or after the day on which this section commences.

             (2)  The Commonwealth may vary a funding agreement (including by omitting existing terms and conditions or adding new terms and conditions) in relation to all or any of the following:

                     (a)  the release of funding under the agreement;

                     (b)  the way funds are to be spent in accordance with the agreement;

                     (c)  the requirements for reporting in relation to services provided under the agreement;

                     (d)  the appointment of a person to control funds provided under the agreement;

                     (e)  the ways that assets acquired, wholly or partly, with Commonwealth funding are to be used, managed or secured.

             (3)  To the extent that a funding agreement does not include a clause in substantially the same terms as the clause set out in Schedule 3 to this Act, the agreement is taken to include the clause set out in Schedule 3 to this Act.

             (4)  In this section:

asset excludes an asset that is fixed to land.

66  Effect of varied funding agreement

             (1)  If a funding agreement is varied, as allowed by subsection 65(2), the variation:

                     (a)  takes effect on the day on which the variation is made; and

                     (b)  has effect, despite section 6, for the remainder of the term of the agreement.

             (2)  If a funding agreement is taken to include the clause set out in Schedule 3 to this Act, the included clause has effect, despite section 6, for the remainder of the term of the agreement.


 

Division 2Directions relating to services provided in business management areas

Subdivision ADirections relating to services

67  Minister may give directions relating to services

             (1)  This section applies if:

                     (a)  a community services entity provides services in a business management area; and

                     (b)  either:

                              (i)  the Minister is satisfied that a service is not being provided in the area; or

                             (ii)  a service is not being provided in the area to the satisfaction of the Minister; and

                     (c)  the Minister is satisfied that funding has been provided by the Commonwealth or the Northern Territory that could be used by the entity to provide the service in the area.

             (2)  The Minister may give a direction, in writing, to the community services entity to do all or any of the following:

                     (a)  provide the service;

                     (b)  provide the service in a specified way (including directing that a specified person is to do, or is not to do, any specified thing in relation to the provision of the service);

                     (c)  provide the service within a specified period or periods.

             (3)  Despite subsection 14(2) of the Legislative Instruments Act 2003, a direction may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing as in force or existing:

                     (a)  at the time when the direction is made; or

                     (b)  from time to time.

             (4)  A direction given under this section is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the direction.

Subdivision BDirections relating to assets

68  Minister may give directions relating to assets

             (1)  This section applies if:

                     (a)  a community services entity owns, controls or possesses an asset; and

                     (b)  the entity provides services in a business management area; and

                     (c)  the Minister is satisfied that:

                              (i)  the asset’s use is required for providing services in the area; and

                             (ii)  funding has been provided by the Commonwealth or the Northern Territory that could be used to provide those services (funded services).

             (2)  The Minister may give a direction, in writing, to the entity to do any of the following for the purpose of providing funded services in the business management area:

                     (a)  use the asset in a particular way;

                     (b)  manage the asset in a particular way;

                     (c)  if the asset is in the entity’s possession—transfer possession of the asset to:

                              (i)  another community services entity; or

                             (ii)  the Commonwealth; or

                            (iii)  a specified person;

                     (d)  if the asset is owned or controlled by the entity—transfer ownership or possession of the asset to:

                              (i)  another community services entity; or

                             (ii)  the Commonwealth; or

                            (iii)  a specified person.

             (3)  If the Minister gives a direction under subparagraph (2)(c)(i) or (iii) or (2)(d)(i) or (iii), the Minister may give a direction, in writing, to the transferee to do any of the things mentioned in paragraphs (2)(a), (b), (c) and (d).

             (4)  A direction given under this section is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the direction.

             (5)  In this section:

asset means an item of movable personal property, other than money or a chose in action.

transferee means a community services entity or person to whom possession or ownership of an asset has been transferred in compliance with a direction under subsection (2) or (3).

Subdivision CCompliance

69  Civil penalty—failing to comply with direction

                   A person contravenes this section if:

                     (a)  the person is given a direction under this Division; and

                     (b)  the person fails to comply with the direction.

Civil penalty:            50 penalty units.

Note 1:       A person may be relieved, wholly or partly, from liability to which the person would otherwise be subject, or that might otherwise be imposed, because of the contravention: see section 84.

Note 2:       An injunction may also be obtained from the Federal Court to enforce compliance with a direction: see section 89.

Subdivision DMiscellaneous

70  Directions—relationship with existing laws etc.

             (1)  A direction given under this Division has effect despite either of the following:

                     (a)  a law of the Northern Territory, or an instrument (however described) made under a law of the Northern Territory;

                     (b)  the constitution of a community services entity.

             (2)  However, if a direction (the Commonwealth direction) given under this Division is in force in relation to a community services entity at the same time that another direction (the NT direction) is in force in relation to the entity under section 181A of the Local Government Act:

                     (a)  the Commonwealth direction and the NT direction each apply to the extent that they can operate concurrently; but

                     (b)  to the extent that there is any inconsistency between the Commonwealth direction and the NT direction, the Commonwealth direction prevails.

71  Directions—publication

                   The Minister may publish a direction given under this Division in a way the Minister considers appropriate.


 

Division 3Observers of community services entities

72  Minister may appoint observers

             (1)  The Minister may appoint, in writing, one or more persons to be an observer of a community services entity if the entity performs functions or provides services in a business management area.

             (2)  An observer is entitled to attend a meeting (however described) of:

                     (a)  the community services entity; or

                     (b)  any committee (however described) established by the entity or under the entity’s constituting legislation.

             (3)  An observer entitled to attend a meeting:

                     (a)  has the same rights and obligations as a member of the entity or committee, other than voting rights; and

                     (b)  for the purposes of section 48A of the Interpretation Act of the Northern Territory, is treated as a member of the entity or committee.

Note:          Section 48A of the Interpretation Act of the Northern Territory provides for participation in meetings by telephone etc.

             (4)  To avoid doubt, an observer may be present:

                     (a)  during any deliberations of the entity or committee with respect to a matter; and

                     (b)  during any voting on the matter.

             (5)  A community services entity must not impose fees in respect of an observer appointed under this section being an observer of the entity.

73  Notices

Notice of appointment

             (1)  The Minister must give written notice to a community services entity of a person’s appointment as an observer of that entity.

Notice of meeting etc.

             (2)  The community services entity must give to any observer entitled to attend a meeting (as mentioned in subsection 72(2)):

                     (a)  notice of the day, time and place of the meeting; and

                     (b)  a copy of any papers or documents to be considered at the meeting or that provide background to matters to be considered at the meeting; and

                     (c)  minutes of the previous meeting or, if minutes were not recorded, notice of decisions made at the previous meeting;

at the same time, and in the same way, as these things are required to be, or are usually, given to a member of the entity or committee.

             (3)  If the things mentioned in subsection (2) cannot be given to an observer at the same time, and in the same way, as those things have been given to a member of the community services entity or committee, the entity must give those things to the observer as quickly as reasonably possible.

74  Civil penalty—failing to give notice etc. of meeting

                   A community services entity contravenes this section if:

                     (a)  the entity is given a notice under subsection 73(1); and

                     (b)  the entity fails to give a thing required to be given to an observer within the time mentioned in subsection 73(2) or (3).

Civil penalty:            50 penalty units.

Note 1:       A person may be relieved, wholly or partly, from liability to which the person would otherwise be subject, or that might otherwise be imposed, because of the contravention: see section 84.

Note 2:       An injunction may also be obtained from the Federal Court to enforce compliance with a direction: see section 89.

75  Application of Division

                   This Division applies despite either of the following:

                     (a)  a law of the Northern Territory or an instrument (however described) made under a law of the Northern Territory;

                     (b)  the constitution of a community services entity.


 

Division 4Commonwealth management in business management areas

Subdivision ACommonwealth management of community government councils

76  Definitions

                   Expressions used in Table 1 in Schedule 4 that are defined in the Local Government Act have the same meanings as in that Act.

77  Effect of Local Government Act

             (1)  The Local Government Act has effect subject to the modifications in this Subdivision in relation to a community government council (within the meaning of that Act).

             (2)  The Local Government Act, as modified by this Subdivision, has effect as a law of the Northern Territory.

78  Community government councils—Commonwealth management

             (1)  The Local Government Act has effect as if the Commonwealth Minister had the same powers in relation to a community government council (within the meaning of that Act) as the Northern Territory Minister under Part 13 of that Act, subject to this section.

             (2)  The Commonwealth Minister may suspend all the members of a community government council under subsection 264(1) of the Local Government Act (as modified by this section) only if:

                     (a)  the ground for suspension under that subsection relates to the provision of services by the council in a business management area; and

                     (b)  the Commonwealth Minister is satisfied that funding has been provided by the Commonwealth or the Northern Territory that could be used by the council to provide the services.

             (3)  The Local Government Act has effect in relation to the exercise of the powers by the Commonwealth Minister as if:

                     (a)  that Act were modified as set out in Table 1 in Schedule 4; and

                     (b)  references in Part 13 of that Act (as so modified) to the Northern Territory Minister were references to the Commonwealth Minister.

             (4)  The regulations may amend Table 1 in Schedule 4 for the purposes of this section.

             (5)  For the purposes of the Amendments Incorporation Act 1905, amendments made by the regulations for the purposes of this section are to be treated as if they had been made by an Act.

Note:          This subsection ensures that the amendments can be incorporated in a reprint of the Act.

Subdivision BCommonwealth management of incorporated associations

79  Definitions

                   Expressions used in Table 2 in Schedule 4 that are defined in the Associations Act have the same meanings as in that Act.

80  Effect of Associations Act

             (1)  The Associations Act has effect subject to the modifications in this Subdivision in relation to an incorporated association (within the meaning of that Act).

             (2)  The Associations Act, as modified by this Subdivision, has effect as a law of the Northern Territory.

81  Incorporated associations—Commonwealth management

             (1)  The Associations Act has effect as if the Commonwealth Minister had the same powers in relation to an incorporated association (within the meaning of that Act) as the Northern Territory Commissioner under Division 2 of Part 9 of that Act, subject to this section.

             (2)  The Commonwealth Minister may appoint a statutory manager to administer the affairs of the association under subsection 78(1) of the Associations Act (as modified by this section) only if:

                     (a)  the ground for appointment under that subsection relates to the provision of services by the association in a business management area; and

                     (b)  the Commonwealth Minister is satisfied that funding has been provided by the Commonwealth or the Northern Territory that could be used by the association to provide the services.

             (3)  The Associations Act has effect in relation to the exercise of the powers by the Commonwealth Minister as if:

                     (a)  references in Division 2 of Part 9 of that Act to the Northern Territory Commissioner were references to the Commonwealth Minister; and

                     (b)  that Act were otherwise modified as set out in Table 2 in Schedule 4.

             (4)  The regulations may amend Table 2 in Schedule 4 for the purposes of this section.

             (5)  For the purposes of the Amendments Incorporation Act 1905, amendments made by the regulations for the purposes of this section are to be treated as if they had been made by an Act.

Note:          This subsection ensures that the amendments can be incorporated in a reprint of the Act.

             (6)  In this section:

Northern Territory Commissioner means the Commissioner within the meaning of the Associations Act.


 

Division 5Enforcement

Subdivision ACivil penalties

82  Federal Court may order person to pay pecuniary penalty for contravening civil penalty provision

Application for order

             (1)  Within 6 years of a person (the wrongdoer) contravening a civil penalty provision, the Secretary may apply on behalf of the Commonwealth to the Federal Court for an order that the wrongdoer pay the Commonwealth a pecuniary penalty.

Court may order wrongdoer to pay pecuniary penalty

             (2)  If the Federal Court is satisfied that the wrongdoer has contravened a civil penalty provision, the Court may order the wrongdoer to pay to the Commonwealth for each contravention the pecuniary penalty that the Court determines is appropriate (but not more than the maximum amount specified for the provision).

Determining amount of pecuniary penalty

             (3)  In determining the pecuniary penalty, the Federal Court must have regard to all relevant matters, including:

                     (a)  the nature and extent of the contravention; and

                     (b)  the nature and extent of any loss or damage suffered as a result of the contravention; and

                     (c)  the circumstances in which the contravention took place; and

                     (d)  whether the person has previously been found by the Court in proceedings under this Act to have engaged in any similar conduct.

Civil evidence and procedure rules apply

             (4)  The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this section.

Note:          The standard of proof in civil proceedings is the balance of probabilities: see section 140 of the Evidence Act 1995.

83  Persons involved in contravening civil penalty provision

             (1)  A person must not:

                     (a)  aid, abet, counsel or procure a contravention of a civil penalty provision; or

                     (b)  induce (by threats, promises or otherwise) a contravention of a civil penalty provision; or

                     (c)  conspire to contravene a civil penalty provision.

             (2)  This Part applies to a person who contravenes subsection (1) in relation to a civil penalty provision as if the person had contravened the civil penalty provision.

84  Relief for contravening civil penalty provisions

             (1)  If:

                     (a)  proceedings for the contravention of section 69 or 74 are brought against a person; and

                     (b)  in the proceedings it appears to the Federal Court that the person has, or may have, contravened that section but that:

                              (i)  the person has a reasonable excuse; and

                             (ii)  having regard to all the circumstances of the case, the person ought fairly to be excused for the contravention;

the Court may relieve the person either wholly or partly from a liability to which the person would otherwise be subject, or that might otherwise be imposed on the person, because of the contravention.

             (2)  If a person thinks that proceedings for the contravention of section 69 or 74 will or may be begun against the person, he or she may apply to the Federal Court for relief.

             (3)  On an application under subsection (2), the Federal Court may grant relief under subsection (1) as if proceedings had been begun in the Federal Court.

             (4)  For the purposes of subsection (2) as applying for the purposes of a case tried by a judge with a jury:

                     (a)  a reference in that subsection to the Federal Court is a reference to the judge; and

                     (b)  the relief that may be granted includes withdrawing the case in whole or in part from the jury and directing judgment to be entered for the person on such terms as to costs as the judge thinks appropriate.

85  Recovery of a pecuniary penalty

                   If the Federal Court orders a person to pay a pecuniary penalty, the Commonwealth may enforce the order as if it were a judgment of the Court.

86  Gathering information for application for pecuniary penalty

             (1)  This section applies if it appears to the Secretary that a person (the wrongdoer) may have contravened a civil penalty provision.

             (2)  If the Secretary, on reasonable grounds, suspects that a person other than the wrongdoer can give information relevant to an application for a civil penalty order in relation to the contravention, whether or not such an application has been made, the Secretary may, by writing given to the person, require the person to give all reasonable assistance in connection with such an application.

             (3)  Subsection (2) does not apply in relation to a duly qualified legal practitioner who is acting, or has acted, for the wrongdoer.

             (4)  If a person fails to give assistance as required under subsection (2), the Federal Court may, on the application of the Secretary, order the person to comply with the requirement as specified in the order.

             (5)  If a person fails to give assistance as required under subsection (2), the person commits an offence against this subsection.

Penalty:  30 penalty units.

             (6)  A requirement made under subsection (2) is not a legislative instrument.

87  Continuing and multiple contraventions of civil penalty provisions

             (1)  If, under this Part, an act or thing is required to be done within a particular period or before a particular time, then, unless the contrary intention appears, the obligation to do that act or thing continues, even if the period has expired or the time has passed, until the act or thing is done.

             (2)  If a refusal or failure to comply with a requirement described in subsection (1) contravenes a civil penalty provision, a person contravenes the provision on each day during which the person refuses or fails to comply with that requirement, including the day the Federal Court orders the person to pay a pecuniary penalty for any of the contraventions or any later day.

             (3)  Proceedings against a person for any number of orders to pay pecuniary penalties for contraventions of a civil penalty provision that are founded on the same facts, or form, or are part of, a series of contraventions of the same or a similar character, may be joined.

             (4)  The Federal Court may make a single order to pay a pecuniary penalty for all the contraventions described in subsection (3), but the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.

             (5)  Subsection (1) does not affect the application of section 4K of the Crimes Act 1914 in relation to any law of the Commonwealth.

Subdivision BApplication of civil penalty provisions

88  Application of civil penalty provisions

                   The civil penalty provisions created by this Part (sections 69 and 74) apply to a contravention that occurs on or after the 28th day after the day on which this Act receives the Royal Assent.

Subdivision CInjunctions

89  Injunctions

             (1)  If a person:

                     (a)  has engaged or is engaging in conduct that contravenes this Part (other than Division 4); or

                     (b)  is proposing to engage in conduct that would contravene this Part (other than Division 4);

the Federal Court may, on the application of the Minister or any person whose interests have been, are or would be affected by the conduct or proposed conduct, grant an injunction on such terms as the Court considers appropriate.

             (2)  If a person:

                     (a)  has refused, failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and

                     (b)  that refusal or failure contravenes, or would contravene, this Part (other than Division 4);

the Federal Court may, on the application of the Minister or any person whose interests have been, are or would be affected by the refusal or failure, grant an injunction on such terms as the Court considers appropriate.

             (3)  If, in the opinion of the Federal Court it is desirable to do so, the Court may grant an interim injunction pending the determination of an application under subsection (1) or (2).

             (4)  If the Minister makes an application to the Federal Court under this section, the Court shall not require the Minister or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.


 

Part 6Bail and sentencing

  

90  Matters to be considered in certain bail applications

             (1)  In determining whether to grant bail to a person charged with, or convicted of, an offence against a law of the Northern Territory, or in determining conditions to which bail granted to such a person should be subject, a bail authority:

                     (a)  must take into consideration the potential impact of granting bail on:

                              (i)  any person against whom the offence is, or was, alleged to have been committed; and

                             (ii)  any witness, or potential witness, in proceedings relating to the alleged offence, or offence; and

                     (b)  must not take into consideration any form of customary law or cultural practice as a reason for:

                              (i)  excusing, justifying, authorising, requiring or lessening the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates; or

                             (ii)  aggravating the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates.

             (2)  If a person referred to in subparagraph (1)(a)(i) or (ii) is living in, or otherwise located in, a remote community, the bail authority must also take into consideration that fact in considering the potential impact of granting bail on that person.

             (3)  To avoid doubt, except as provided by subsections (1) and (2), this section does not affect any other matters that a bail authority must, must not or may take into consideration in determining whether to grant bail or in determining conditions to which bail should be subject.

91  Matters to which court is to have regard when passing sentence etc.

                   In determining the sentence to be passed, or the order to be made, in respect of any person for an offence against a law of the Northern Territory, a court must not take into account any form of customary law or cultural practice as a reason for:

                     (a)  excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or

                     (b)  aggravating the seriousness of the criminal behaviour to which the offence relates.


 

Part 7Licensing of community stores

Division 1Meaning of expressions

92  Meaning of community store

             (1)  A business is a community store if:

                     (a)  one of the main purposes of the business is the provision of grocery items and drinks; and

                     (b)  the business is carried on:

                              (i)  at premises in a prescribed area; or

                             (ii)  at premises in an area or place in the Northern Territory that is specified by the Minister under subsection 123(1) for the purposes of this paragraph; or

                            (iii)  at premises in the Northern Territory that are specified by the Minister under subsection 123(2) for the purposes of this paragraph.

             (2)  The following businesses are not community stores:

                     (a)  a business that is solely a takeaway food shop or a fast food shop (including such a shop at which food can be consumed on the premises);

                     (b)  a roadhouse;

                     (c)  a business at premises in an area or place in the Northern Territory that is an area or place specified by the Minister under subsection 123(3) for the purposes of this paragraph;

                     (d)  a business at premises specified by the Minister under subsection 123(4) for the purposes of this paragraph;

                     (e)  a business of a kind prescribed by the regulations for the purposes of this paragraph.

93  Meaning of assessable matters

             (1)  The assessable matters, in relation to a community store, are the following:

                     (a)  the community store’s capacity to participate in, and (if applicable) the community store’s record of compliance with, the requirements of the income management regime;

                     (b)  the quality, quantity and range of groceries and consumer items, including healthy food and drink, available and promoted at the community store;

                     (c)  the financial structure, retail practices and governance practices of the community store;

                     (d)  any matters specified by the Minister under subsection 125(2) to be assessable matters;

                     (e)  any other matter that the Secretary considers relevant to the provision of high quality community store services.

             (2)  For the purpose of considering whether to grant a community store licence to a person, the Secretary may consider the assessable matters:

                     (a)  as they apply to a community store of which the person is the operator at the time of the consideration; or

                     (b)  as the person proposes they will apply in future to:

                              (i)  a community store of which the person is the operator at the time of the consideration; or

                             (ii)  a community store that the person proposes to operate, or may operate, in future.

             (3)  For the purpose of considering whether to revoke, vary, transfer or impose conditions upon a community store licence held by a person, the Secretary may consider the assessable matters as they apply to the community store to which the licence relates or will relate at the time of the consideration, or as they are proposed to apply to the store in future.


 

Division 2Assessments of community stores

94  Community stores may be assessed

             (1)  The Secretary may, on the Secretary’s initiative, require an authorised officer to assess a community store for the purpose of deciding whether or not to grant a community store licence to the operator of the store, or deciding whether to revoke, vary, transfer or impose conditions upon a community store licence.

             (2)  In assessing a community store, an authorised officer must have regard to the assessable matters (see section 93).

             (3)  In assessing a community store, an authorised officer may consult with such persons as the authorised officer considers appropriate.

             (4)  The Secretary may require an authorised officer to assess a community store whether or not the operator has made an application under section 96.

95  Notice of assessment to be given

             (1)  Before a community store is assessed under this Division, the Secretary or an authorised officer must give a written notice to the operator of the store, advising that the assessment is to take place.

             (2)  The notice must specify the following:

                     (a)  the day or days on which, or the period within which, entry to the store is required for the purposes of the assessment;

                     (b)  the name of the authorised officer or authorised officers who will conduct the assessment;

                     (c)  the purpose of the assessment;

                     (d)  the matters to which the authorised officer will have regard in making the assessment;

                     (e)  the material and documents to which the authorised officer requires access for the purposes of making the assessment.

             (3)  The notice must be given at least 7 working days before the assessment is to take place.


 

Division 3Licensing of community stores

Subdivision AGranting and refusing to grant community store licences

96  Application for a licence to operate a community store

             (1)  A person may apply for a community store licence.

             (2)  An application is to be made in the form (if any) specified in writing by the Secretary.

             (3)  A form under subsection (2) may specify:

                     (a)  the information to be included in an application; and

                     (b)  documents or other material that must accompany an application.

97  Decision to grant or refuse a community store licence

             (1)  The Secretary must decide whether or not to grant a community store licence to a person if:

                     (a)  the person is the operator of a community store and the store has been assessed under section 94; or

                     (b)  the person has applied under section 96 for a community store licence.

             (2)  The Secretary may grant a community store licence to a person on the Secretary’s own initiative.

             (3)  The Secretary must not grant a community store licence to a person unless the Secretary is satisfied that, if the licence is granted, the community store or stores to which the licence relates will be operated in a satisfactory manner, having regard to:

                     (a)  the assessable matters; and

                     (b)  if the person is an operator of a community store or community stores that have been assessed under section 94—the assessment or assessments; and

                     (c)  any other matter the Secretary considers relevant.

             (4)  The Secretary may refuse to grant a community store licence to a person if:

                     (a)  in the case of a person who is an operator of a community store—the person:

                              (i)  unreasonably withholds consent for an authorised officer to enter the premises of the community store under section 118; or

                             (ii)  unreasonably refuses to provide documents, material or assistance as required by section 119; or

                     (b)  in any case—the person does not give the Secretary sufficient documents, material or assistance to enable the Secretary to make an informed decision.

98  Community store licence may relate to more than one store

                   A community store licence may be expressed to relate to:

                     (a)  a specified community store or stores; or

                     (b)  all community stores.

99  Procedure before refusing to grant a community store licence

             (1)  If the Secretary proposes to refuse to grant a community store licence, the Secretary must notify:

                     (a)  if the store has been assessed under section 94—the person who is the operator of the store; or

                     (b)  if a person has applied under section 96 for the community store licence—the person;

of the proposed refusal.

             (2)  The notice must:

                     (a)  be in writing; and

                     (b)  specify the reasons for the proposed refusal; and

                     (c)  invite the person to make written submissions in relation to the proposed refusal; and

                     (d)  specify the day by which submissions should be given to the Secretary; and

                     (e)  specify an address where submissions are to be lodged.

             (3)  The day specified under paragraph (2)(d) must be not less than 7 working days after the day on which the notice is given.

             (4)  The Secretary may refuse to grant a community store licence only if:

                     (a)  the person required to be given a notice under subsection (1) has been given such a notice; and

                     (b)  the Secretary has considered any submission made by the person by the day mentioned in paragraph (2)(d).

100  Duration of community store licence

                   A community store licence has effect for the period:

                     (a)  beginning on the day specified in the licence or, if no day is specified, the day on which the licence is granted; and

                     (b)  ending on whichever of the following days occurs first:

                              (i)  the day specified in the licence as the day on which the licence ceases to be in effect;

                             (ii)  the day on which the licence is revoked;

                            (iii)  the day on which the licence is surrendered;

                            (iv)  the day on which this Part ceases to have effect.

101  Notice of decision

             (1)  If the Secretary decides to grant a community store licence, the Secretary:

                     (a)  must give written notice of the decision to the person who will be the holder of the licence; and

                     (b)  must attach a copy of the licence (including any conditions to which it is subject).

             (2)  If the Secretary decides to refuse to grant a community store licence, the Secretary must give written notice of the decision to:

                     (a)  if the store has been assessed under section 94—the person who is the operator of the store; or

                     (b)  if a person has applied under section 96 for the community store licence—the person.

             (3)  A notice under subsection (2) must specify the reasons for the refusal.

Subdivision BConditions of community store licences

102  Community store licence is subject to conditions

                   A community store licence is subject to the following conditions:

                     (a)  the conditions set out in sections 104 (satisfactory performance), 105 (monitoring and audits) and 110 (transfer);

                     (b)  the conditions (if any) specified by the Minister under section 124;

                     (c)  the conditions (if any) imposed by the Secretary at the time of issuing the licence;

                     (d)  the conditions imposed by the Secretary under section 107 after the licence is granted.

103  Conditions that may be specified or imposed

             (1)  Licence conditions that are specified by legislative instrument or imposed by the Secretary under section 102 may relate to, but are not limited to, the following:

                     (a)  assessable matters (including, but not limited to, specifying standards to be met in relation to assessable matters);

                     (b)  documentation and record‑keeping requirements;

                     (c)  the income management regime (including, but not limited to, requirements relating to funds received under that regime);

                     (d)  auditing and reporting;

                     (e)  assistance and facilities to be provided for the purposes of making assessments under section 94 or monitoring compliance with the conditions of the licence.

             (2)  A licence condition may require the operator of a community store to take such steps as are specified in the condition in relation to appointing an external or independent manager (however described) of the community store.

104  Condition about satisfactory performance

                   It is a condition of a community store licence that the holder of the licence must operate the store in a satisfactory manner, having regard to the assessable matters.

105  Condition about monitoring and audits

             (1)  It is a condition of a community store licence that the holder of the licence must:

                     (a)  allow the Secretary or an authorised officer to enter the premises of the store or stores to which the licence relates, for the purposes of auditing or monitoring compliance with the conditions of the licence; and

                     (b)  allow the Secretary or an authorised officer to inspect things at the premises; and

                     (c)  if requested to do so—produce to the Secretary or to an authorised officer documents and materials relevant to auditing and monitoring compliance.

             (2)  Subsection (1) does not limit the conditions that may be imposed by legislative instrument (see section 124) or by the Secretary in the licence.

Subdivision CRevocation and variation of community store licences

106  Revocation of community store licence

             (1)  The Secretary may, by notice in writing given to the holder of a community store licence, revoke the licence if:

                     (a)  the Secretary believes on reasonable grounds that a condition of the licence has been breached; or

                     (b)  the Secretary believes on reasonable grounds that the licence holder, or a person covered by the licence, has committed an offence against this Act; or

                     (c)  the licence was obtained improperly; or

                     (d)  the Secretary is satisfied that the community store is not being operated in a satisfactory manner, having regard to the assessable matters.

             (2)  A revocation takes effect on the date on which the notice is given or on a later date specified in the notice.

107  Variation of community store licence

             (1)  The Secretary may vary a community store licence by notice in writing given to the licence holder:

                     (a)  at any time, on the Secretary’s own initiative; or

                     (b)  on application by the licence holder.

             (2)  An application for a variation must be in writing and must contain:

                     (a)  such information as is prescribed by the regulations (if any); and

                     (b)  such information (if any) as is specified in writing by the Secretary.

             (3)  Without limiting subsection (1), the Secretary may:

                     (a)  impose licence conditions or additional licence conditions; or

                     (b)  remove or vary licence conditions that were imposed by the Secretary; or

                     (c)  extend the period of effect of the licence.

             (4)  The Secretary must not vary a licence unless the Secretary is satisfied that the variation will not detract from the satisfactory operation of the community store, having regard to the assessable matters.

             (5)  A variation takes effect on the date on which the notice is given or on a later date specified in the notice.

             (6)  A variation to extend the period of effect of a licence may be expressed to take effect on a date earlier than the date on which the notice is given.

             (7)  The Secretary may refuse to vary a community store licence if:

                     (a)  a person:

                              (i)  unreasonably withholds consent for an authorised officer to enter the premises of the community store under section 118; or

                             (ii)  unreasonably refuses to provide documents, material or assistance as required by section 119; or

                     (b)  the holder of the licence does not give the Secretary sufficient documents, material or assistance to enable the Secretary to make an informed decision.

108  Procedure before revoking or varying a community store licence

             (1)  If the Secretary proposes to revoke or vary a community store licence, the Secretary must notify the operator of the community store of the proposed revocation or variation.

             (2)  The notice must:

                     (a)  be in writing; and

                     (b)  specify the reason for the proposed revocation or variation; and

                     (c)  invite the person to make written submissions in relation to the proposed revocation or variation; and

                     (d)  specify the day by which submissions should be given to the Secretary; and

                     (e)  specify an address where submissions are to be lodged.

             (3)  The day specified under paragraph (2)(d) must be not less than 7 working days after the day on which the notice is given.

             (4)  The Secretary may revoke or vary a community store licence only if:

                     (a)  the person required to be given a notice under subsection (1) has been given such a notice; and

                     (b)  the Secretary has considered any submission made by the person by the day mentioned in paragraph (2)(d).

             (5)  If the Secretary proposes to refuse a variation for which a licence holder has applied under section 107, this section applies to the proposed refusal in the same way as it applies to a variation.

Subdivision DSurrender and transfer of community store licences

109  Surrender of licence

                   The holder of a community store licence may, by written notice given to the Secretary, surrender the licence.

110  Transfer of licences

             (1)  It is a condition of a community store licence that, if there is to be a change in operator of the store to which the licence relates, the operator who holds the licence and the person who is to become the operator (the transferee) must:

                     (a)  notify the Secretary of the proposed change of operator; and

                     (b)  apply to the Secretary for the licence to be transferred from the operator to the transferee.

             (2)  The application must be in writing, and must contain:

                     (a)  such information as is prescribed by the regulations (if any); and

                     (b)  such information (if any) as is specified in writing by the Secretary.

             (3)  The Secretary must not transfer the licence unless the Secretary is satisfied that the transfer will not detract from the satisfactory operation of the community store, having regard to the assessable matters.

             (4)  The Secretary may refuse to transfer the licence if:

                     (a)  a person:

                              (i)  unreasonably withholds consent for an authorised officer to enter the premises of the community store under section 118; or

                             (ii)  unreasonably refuses to provide documents, material or assistance as required by section 119; or

                     (b)  the Secretary is not given sufficient documents, material or assistance to enable the Secretary to make an informed decision.

111  Transfer of licences—formalities

             (1)  The Secretary must give written notice of his or her decision on an application to transfer a licence to the licence holder and the transferee.

             (2)  If the Secretary decides to transfer the licence:

                     (a)  the transfer takes effect on the date specified in the notice; and

                     (b)  the licence continues in force; and

                     (c)  the licence is subject to the same conditions as those in force immediately before the transfer.


 

Division 4Acquisition by the Commonwealth

112  Acquisition by the Commonwealth of assets and liabilities of a community store

             (1)  This section applies to eligible assets that are held by a community store or by the owner or operator of a community store, and to liabilities of the store or of the owner or operator, if:

                     (a)  an authorised officer has assessed the community store under section 94 for the purpose of deciding whether or not to grant a community store licence to the operator of the store and the Secretary has decided not to grant the licence; or

                     (b)  an authorised officer has assessed the community store under section 94 for the purpose of deciding whether or not to vary a community store licence so as to extend the period of effect of the licence, and the Secretary has decided not to extend the term of the licence; or

                     (c)  the Secretary has revoked a community store licence held by the operator of the community store.

             (2)  The Minister may, by writing, make any or all of the following declarations in relation to some or all of the eligible assets or the liabilities to which this section applies:

                     (a)  a declaration that the legal and beneficial interests in the assets vest in the Commonwealth at a specified time without any conveyance, transfer or assignment;

                     (b)  a declaration that the liabilities vest in the Commonwealth at a specified time without any conveyance, transfer or assignment;

                     (c)  a declaration that a specified instrument relating to any or all of those assets or liabilities continues to have effect after the legal and beneficial interests in those assets or those liabilities vest in the Commonwealth as if a reference in the instrument to a specified person were a reference to the Commonwealth;

                     (d)  a declaration that, immediately after the legal and beneficial interests in those assets or those liabilities vest in the Commonwealth, the Commonwealth becomes the successor in law of the holder of those assets.

             (3)  A declaration under subsection (2) has effect accordingly.

             (4)  A copy of a declaration made under subsection (2) must be:

                     (a)  given to the owner or operator of the community store; and

                     (b)  published in the Gazette within 7 days of being given to the owner or operator.

             (5)  Failure to comply with subsection (4) does not invalidate a declaration.

             (6)  A declaration under subsection (2) is not a legislative instrument.

             (7)  Stamp duty or other tax is not payable under a law of the Northern Territory in respect of:

                     (a)  the vesting of an asset under this section; or

                     (b)  anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of, or for a purpose connected with or arising out of, such vesting.

             (8)  In this section:

eligible asset means:

                     (a)  any legal or equitable estate or interest in personal property, whether actual, contingent or prospective held by a community store, or by the owner or operator of a community store, being an estate or interest that relates to the operations of the community store; or

                     (b)  any right, power, privilege or immunity, whether actual, contingent or prospective held by a community store, or by the owner or operator of a community store, being a right, power, privilege or immunity that relates to the operations of the community store.

liability means any liability, duty or obligation, whether actual, contingent or prospective, of a community store, or of the owner or operator of a community store, being a liability, duty or obligation that relates to the operations of the community store.

113  Certificates relating to vesting of eligible assets

             (1)  This section applies if:

                     (a)  an eligible asset vests in the Commonwealth under section 112; and

                     (b)  there is lodged with an assets official a certificate that:

                              (i)  is signed by the Minister; and

                             (ii)  identifies the asset; and

                            (iii)  states that the asset has become vested in the Commonwealth under section 112.

Note:          Certificates under paragraph (1)(b) are presumed to be authentic: see section 115.

             (2)  The assets official may:

                     (a)  deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and

                     (b)  make such entries in the register in relation to assets of that kind as are necessary having regard to the effect of this Part.

             (3)  In this section:

assets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.

114  Substitution of Commonwealth as a party to pending proceedings

                   If any proceedings relating to an asset or liability that vests in the Commonwealth because of section 112, to which the community store or the owner or operator of the community store was a party, were pending in any court or tribunal immediately before the commencement time, the Commonwealth is substituted for the community store or the owner or operator, from the commencement of this section, as a party to the proceedings.

115  Certificates taken to be authentic

                   A document that appears to be a certificate made or issued under this Division:

                     (a)  is taken to be such a certificate; and

                     (b)  is taken to have been properly given;

unless the contrary is established.


 

Division 5Authorised officers

116  Appointment of authorised officers

             (1)  The Secretary may, in writing, appoint an appropriately qualified officer to be an authorised officer for the purposes of the exercise of the powers conferred on authorised officers by this Part.

             (2)  In this section:

officer means the following:

                     (a)  an APS employee in the Department;

                     (b)  any other person engaged by the Department, under contract or otherwise, to exercise powers, or perform duties or functions, under this Part.

117  Identity cards

                   The Secretary may issue an identity card to an authorised officer in the form approved by the Secretary. The identity card must contain a recent photograph of the authorised officer.

118  Power to enter premises for the purpose of making assessments

             (1)  For the purposes of assessing a community store under section 94, an authorised officer may enter the premises of the community store.

             (2)  An authorised officer is not authorised to enter premises under subsection (1) unless the occupier of the premises, or another person who apparently represents the occupier, has consented to the entry and the officer has shown his or her identity card if required by the occupier.

Note:          If consent is unreasonably withheld, the Secretary may refuse to grant a licence (see subsection 97(4)).

             (3)  The authorised officer must leave premises entered under this section if the occupier, or another person who apparently represents the occupier, asks the authorised officer to do so.

119  Authorised officers may obtain access to records and assistance

             (1)  This section applies if an authorised officer is assessing a community store under section 94.

             (2)  The operator of the community store, the occupier of premises of the store, or another person who apparently represents the occupier, must, if requested, produce to an authorised officer, or any other person assisting the authorised officer, such documents and material as are reasonably necessary for the authorised officer to make the assessment.

Penalty:  60 penalty units.

             (3)  The operator of the community store, the occupier of premises of the community store, or another person who apparently represents the occupier, must provide the authorised officer, or any other person assisting the authorised officer, with such assistance and facilities as are necessary and reasonable for making the assessment.

Penalty:  10 penalty units.

             (4)  Subsections (2) and (3) are offences of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

120  Power to request information

             (1)  This section applies to a person if the Secretary has reason to believe that information (the compellable information) relating to the assessment of a community store under section 94 is in the person’s possession, custody or control (whether held electronically or in any other form).

             (2)  The Secretary may, in writing, require the person to give specified compellable information to the Secretary:

                     (a)  within a specified period of time; and

                     (b)  in a specified form or manner.

             (3)  The person must not fail to comply with a requirement under this section.

Penalty:  10 penalty units.

             (4)  The person must not, in purported compliance with a requirement under this section, give to the Secretary information that is false or misleading in a material particular.

Penalty:  60 penalty units.

             (5)  Subsection (3) does not apply to the extent that the person has a reasonable excuse. However, a person does not have a reasonable excuse merely because the information in question is:

                     (a)  of a commercial nature; or

                     (b)  subject to an obligation of confidentiality arising from a commercial relationship; or

                     (c)  commercially sensitive.

             (6)  Subsection (3) does not apply in relation to compellable information covered by paragraph (1)(b) if giving the information might tend to incriminate the person or expose the person to a penalty.

             (7)  This section has effect despite any law of the Commonwealth, a State or a Territory prohibiting disclosure of the information.


 

Division 6Other matters

Subdivision AInteraction with other laws

121  Application of laws of Northern Territory to community stores

                   To the extent that a law of the Northern Territory is capable of operating concurrently with this Part, this Part does not affect the application of the law to a community store or to the operator of a community store.

122  Interaction with other Commonwealth laws

             (1)  This Part has effect despite any other law of the Commonwealth.

             (2)  For the purposes of subsection 51(1) of the Trade Practices Act 1974, the following things are to be regarded as specified in this section and specifically authorised by this section:

                     (a)  granting a community store licence;

                     (b)  refusing to grant a community store licence;

                     (c)  imposing or specifying a condition of a community store licence;

                     (d)  varying or refusing to vary a community store licence (including by extending or refusing to extend its period of effect or varying or refusing to vary the conditions to which it is subject);

                     (e)  revoking a community store licence;

                      (f)  transferring a community store licence;

                     (g)  taking any action in connection with an action referred to in paragraph (a), (b), (c), (d), (e) or (f);

                     (h)  taking any action (including but not limited to an action taken by the Commonwealth, a Commonwealth authority, the holder of a community store licence or a person acting in accordance with a community store licence), being an action that is:

                              (i)  required by a community store licence; or

                             (ii)  authorised by a community store licence; or

                            (iii)  in connection with an action referred to in subparagraph (i) or (ii); or

                      (i)  acquiring an eligible asset under section 112.

Subdivision BLegislative instruments

123  Minister may make instruments relating to the meaning of community store

             (1)  The Minister may, by legislative instrument, specify an area or place for the purposes of subparagraph 92(1)(b)(ii).

             (2)  The Minister may, by legislative instrument, specify premises for the purposes of subparagraph 92(1)(b)(iii).

             (3)  The Minister may, by legislative instrument, specify an area or place for the purposes of paragraph 92(2)(c).

             (4)  The Minister may, by legislative instrument, specify premises for the purposes of paragraph 92(2)(d).

124  Minister may specify conditions by legislative instrument

                   The Minister may, by legislative instrument, specify conditions to which community store licences are subject.

125  Minister may issue guidelines about assessable matters

             (1)  The Minister may, by legislative instrument, issue guidelines relating to either or both of the following:

                     (a)  the consideration of assessable matters by authorised officers when assessing a community store under section 94;

                     (b)  the Secretary’s consideration of assessable matters when considering whether or not to grant, revoke, vary, transfer or impose conditions upon a community store licence.

             (2)  The Minister may, by legislative instrument, specify one or more matters to be assessable matters for the purposes of paragraph 93(1)(d).

             (3)  If guidelines under subsection (1) are in force, an authorised officer or the Secretary (as the case requires) must comply with the guidelines in assessing a community store or considering whether or not to grant, revoke, vary, transfer or impose conditions upon a community store licence.

             (4)  An authorised officer may assess a community store, and the Secretary may grant or refuse to grant, revoke, vary, transfer or impose conditions upon a community store licence, even if no guidelines are in force under subsection (1) and whether or not the Minister has specified matters under subsection (2).

Subdivision COther matters

126  Income management regime

                   In making a decision under the income management regime, being a decision that may result in a payment or benefit of any kind being made to or received by a person who is the owner or operator of a community store, the decision maker may have regard to whether or not the operator of the community store holds a community store licence.

127  Application of offences

                   The offences created by this Part apply to conduct engaged in on or after the 28th day after the day on which this Act receives the Royal Assent.


 

Part 8Miscellaneous

  

128  Delegation

             (1)  The Minister may, in writing, delegate to the Secretary of the Department, or an SES employee or acting SES employee in the Department, any of the Minister’s functions or powers under this Act.

             (2)  To avoid doubt, the Minister may not delegate to any person mentioned in subsection (1), any power referred to in Division 4 of Part 5 (Commonwealth management in business management areas).

             (3)  The Secretary may, in writing, delegate to an SES employee or acting SES employee in the Department, any of the Secretary’s functions or powers under this Act.

129  Modification of Northern Territory laws

                   To the extent that this Act, or regulations made under this Act, modify an Act or regulations of the Northern Territory, the Interpretation Act of the Northern Territory, and other Acts of the Northern Territory of general application, apply in relation to this Act or regulations made under this Act.

130  References in Northern Territory or Commonwealth laws

             (1)  A reference in a law of the Commonwealth, or a law of the Northern Territory, to a law of the Northern Territory includes a reference to a law of the Northern Territory as modified by this Act or regulations made under this Act.

             (2)  A reference in a law of the Commonwealth, or a law of the Northern Territory, to an offence against a law of the Northern Territory includes a reference to an offence against a law of the Northern Territory as modified by this Act or regulations made under this Act.

             (3)  A reference in a law of the Commonwealth or a law of the Northern Territory to a law of the Commonwealth does not include a reference to a law of the Northern Territory as modified by this Act or regulations made under this Act.

             (4)  A reference in a law of the Northern Territory to a particular law of the Northern Territory includes a reference to that law as modified by this Act or regulations made under this Act.

131  Northern Territory (Self‑Government) Act

                   Section 49 of the Northern Territory (Self‑Government) Act 1978 does not apply in relation to the operation of this Act.

132  Racial Discrimination Act

             (1)  The provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975, special measures.

             (2)  The provisions of this Act, and any acts done under or for the purposes of those provisions, are excluded from the operation of Part II of the Racial Discrimination Act 1975.

             (3)  In this section, a reference to any acts done includes a reference to any failure to do an act.

133  Some Northern Territory laws excluded

             (1)  The provisions of this Act are intended to apply to the exclusion of a law of the Northern Territory that deals with discrimination so far as it would otherwise apply.

             (2)  Any acts done under or for the purposes of the provisions of this Act have effect despite any law of the Northern Territory that deals with discrimination.

Northern Territory laws that are not excluded

             (3)  However, subsections (1) and (2) do not apply to a law of the Northern Territory so far as the Minister determines, by legislative instrument, that the law is a law to which subsections (1) and (2) do not apply.

Reference to acts done includes failure to do an act

             (4)  In this section, a reference to any acts done includes a reference to any failure to do an act.

134  Compensation for acquisition of property

             (1)  Subsection 50(2) of the Northern Territory (Self‑Government) Act 1978 and section 128A of the Liquor Act do not apply in relation to any acquisition of property referred to in those provisions that occurs as a result of the operation of this Act (other than Part 4).

Note:          Section 60 deals with acquisitions of property that occur as a result of the operation of Part 4.

             (2)  However, if the operation of this Act (other than Part 4) would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (3)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (4)  In subsection (2):

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

135  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Schedule 1Property descriptions

Note:       See Part 4.

Part 1Aboriginal land (within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976)

  

1  Acacia Larrakia

                   All that area of land contained within the 3 separate areas of land outlined below having a total area of approximately 4.199 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 3, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a southerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 8, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑12° 48' 59"

131° 10' 58"

2

‑12° 49' 28"

131° 10' 58"

3

‑12° 49' 28"

131° 10' 00"

4

‑12° 48' 16"

131° 10' 00"

5

‑12° 48' 16"

131° 10' 58"

6

‑12° 48' 45"

131° 10' 58"

7

‑12° 48' 45"

131° 11' 07"

8

‑12° 48' 59"

131° 11' 07"

 

                     (b)  Area 2 of 3, that is all of that area contained within and bounded by a line commencing at Point 9 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 12, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

9

‑12° 48' 18"

131° 11' 10"

10

‑12° 48' 09"

131° 11' 10"

11

‑12° 48' 09"

131° 11' 20"

12

‑12° 48' 18"

131° 11' 20"

 

                     (c)  Area 3 of 3, that is all of that area contained within and bounded by a line commencing at Point 13 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 16, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

13

‑12° 48' 35"

131° 11' 04"

14

‑12° 48' 23"

131° 11' 04"

15

‑12° 48' 23"

131° 11' 17"

16

‑12° 48' 35"

131° 11' 17"

 

2  Ali Curung

                   All that area of land contained within the 3 separate areas of land outlined below having a total area of approximately 5.198 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 3, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 12, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑21° 00' 15"

134° 23' 31"

2

‑21° 00' 05"

134° 23' 31"

3

‑21° 00' 05"

134° 23' 38"

4

‑21° 00' 00"

134° 23' 38"

5

‑20° 59' 47"

134° 23' 21"

6

‑20° 59' 38"

134° 23' 28"

7

‑20° 59' 49"

134° 23' 43"

8

‑20° 59' 39"

134° 23' 43"

9

‑20° 59' 39"

134° 25' 05"

10

‑21° 00' 40"

134° 25' 05"

11

‑21° 00' 40"

134° 23' 51"

12

‑21° 00' 15"

134° 23' 51"

 

                     (b)  Area 2 of 3, that is all of that area contained within and bounded by a line commencing at Point 13 listed immediately below, thence initially in an easterly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 16, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

13

‑21° 01' 09"

134° 24' 49"

14

‑21° 01' 09"

134° 25' 08"

15

‑21° 01' 25"

134° 25' 08"

16

‑21° 01' 25"

134° 24' 49"

 

                     (c)  Area 3 of 3, that is all of that area contained within and bounded by a line commencing at Point 17 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 20, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

17

‑21° 01' 14"

134° 23' 42"

18

‑21° 00' 56"

134° 23' 42"

19

‑21° 00' 56"

134° 24' 00"

20

‑21° 01' 14"

134° 24' 00"

 

3  Amanbidji

                   All that area of land contained within the 2 separate areas of land outlined below having a total area of approximately 3.481 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 2, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 8, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑16° 26' 18"

129° 36' 38"

2

‑16° 25' 18"

129° 36' 38"

3

‑16° 25' 18"

129° 37' 05"

4

‑16° 25' 05"

129° 37' 05"

5

‑16° 25' 05"

129° 37' 15"

6

‑16° 25' 18"

129° 37' 15"

7

‑16° 25' 18"

129° 37' 39"

8

‑16° 26' 18"

129° 37' 39"

 

                     (b)  Area 2 of 2, that is all of that area contained within and bounded by a line commencing at Point 9 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 12, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

9

‑16° 26' 29"

129° 37' 22"

10

‑16° 26' 21"

129° 37' 22"

11

‑16° 26' 21"

129° 37' 30"

12

‑16° 26' 29"

129° 37' 30"

 

4  Amoonguna

                   All that area of land contained within the 2 separate areas of land outlined below having a total area of approximately 3.390 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 2, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a north westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 9, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑23° 46' 39"

133° 55' 59"

2

‑23° 46' 22"

133° 55' 41"

3

‑23° 45' 25"

133° 55' 41"

4

‑23° 45' 25"

133° 55' 56"

5

‑23° 45' 31"

133° 55' 56"

6

‑23° 45' 31"

133° 56' 38"

7

‑23° 46' 32"

133° 56' 38"

8

‑23° 46' 32"

133° 56' 18"

9

‑23° 46' 39"

133° 56' 18"

 

                     (b)  Area 2 of 2, that is all of that area contained within and bounded by a line commencing at Point 10 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 13, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

10

‑23° 45' 21"

133° 56' 24"

11

‑23° 45' 08"

133° 56' 24"

12

‑23° 45' 08"

133° 56' 39"

13

‑23° 45' 21"

133° 56' 39"

 

5  Ampilatwatja

                   All that area of land contained within the area of land outlined below having a total area of approximately 3.461 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 12, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑21° 39' 51"

135° 12' 58"

2

‑21° 38' 52"

135° 12' 58"

3

‑21° 38' 52"

135° 13' 27"

4

‑21° 38' 39"

135° 13' 27"

5

‑21° 38' 39"

135° 13' 38"

6

‑21° 38' 52"

135° 13' 38"

7

‑21° 38' 52"

135° 13' 58"

8

‑21° 39' 17"

135° 13' 58"

9

‑21° 39' 38"

135° 14' 15"

10

‑21° 39' 44"

135° 14' 06"

11

‑21° 39' 34"

135° 13' 58"

12

‑21° 39' 51"

135° 13' 58"

 

6  Areyonga

                   All that area of land contained within the 3 separate areas of land outlined below having a total area of approximately 5.171 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 3, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a south easterly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 15, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑24° 05' 13"

132° 15' 58"

2

‑24° 05' 36"

132° 16' 40"

3

‑24° 05' 44"

132° 16' 35"

4

‑24° 05' 10"

132° 15' 32"

5

‑24° 05' 10"

132° 15' 18"

6

‑24° 04' 35"

132° 15' 18"

7

‑24° 04' 35"

132° 15' 41"

8

‑24° 04' 02"

132° 15' 41"

9

‑24° 04' 02"

132° 16' 39"

10

‑24° 04' 24"

132° 16' 39"

11

‑24° 04' 24"

132° 17' 06"

12

‑24° 04' 37"

132° 17' 06"

13

‑24° 04' 37"

132° 16' 39"

14

‑24° 04' 46"

132° 16' 39"

15

‑24° 04' 46"

132° 15' 58"

 

                     (b)  Area 2 of 3, that is all of that area contained within and bounded by a line commencing at Point 16 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 19, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 GDA94

Point No.

Latitude (S) DMS

Longitude (E) DMS

16

‑24° 03' 33"

132° 13' 59"

17

‑24° 03' 23"

132° 13' 59"

18

‑24° 03' 23"

132° 14' 10"

19

‑24° 03' 33"

132° 14' 10"

 

                     (c)  Area 3 of 3, that is all of that area contained within and bounded by a line commencing at Point 20 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 23, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

20

‑24° 04' 39"

132° 14' 23"

21

‑24° 04' 09"

132° 14' 23"

22

‑24° 04' 09"

132° 15' 00"

23

‑24° 04' 39"

132° 15' 00"

 

7  Barunga

                   All that area of land contained within the 2 separate areas of land outlined below having a total area of approximately 5.444 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 2, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a southerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 16, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑14° 31' 47"

132° 52' 22"

2

‑14° 32' 04"

132° 52' 22"

3

‑14° 32' 04"

132° 51' 20"

4

‑14° 30' 58"

132° 51' 20"

5

‑14° 30' 58"

132° 52' 10"

6

‑14° 30' 52"

132° 52' 10"

7

‑14° 30' 52"

132° 52' 19"

8

‑14° 30' 58"

132° 52' 19"

9

‑14° 30' 58"

132° 52' 34"

10

‑14° 30' 56"

132° 52' 36"

11

‑14° 31' 03"

132° 52' 51"

12

‑14° 30' 48"

132° 52' 58"

13

‑14° 30' 59"

132° 53' 21"

14

‑14° 31' 25"

132° 53' 09"

15

‑14° 31' 25"

132° 52' 23"

16

‑14° 31' 34"

132° 52' 34"

 

                     (b)  Area 2 of 2, that is all of that area contained within and bounded by a line commencing at Point 17 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 20, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

17

‑14° 32' 30"

132° 53' 01"

18

‑14° 32' 18"

132° 53' 01"

19

‑14° 32' 18"

132° 53' 15"

20

‑14° 32' 30"

132° 53' 15"

 

8  Belyuen

                   All that area of land contained within the 6 separate areas of land outlined below having a total area of approximately 12.349 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 6, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a north westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 5, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑12° 34' 01"

130° 41' 48"

2

‑12° 32' 48"

130° 40' 11"

3

‑12° 31' 50"

130° 40' 57"

4

‑12° 31' 50"

130° 42' 28"

5

‑12° 33' 11"

130° 42' 28"

 

                     (b)  Area 2 of 6, that is all of that area contained within and bounded by a line commencing at Point 6 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 9, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

6

‑12° 31' 42"

130° 42' 34"

7

‑12° 31' 32"

130° 42' 34"

8

‑12° 31' 32"

130° 42' 45"

9

‑12° 31' 42"

130° 42' 45"

 

                     (c)  Area 3 of 6, that is all of that area contained within and bounded by a line commencing at Point 10 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 13, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

10

‑12° 31' 55"

130° 42' 57"

11

‑12° 31' 42"

130° 42' 57"

12

‑12° 31' 42"

130° 43' 12"

13

‑12° 31' 55"

130° 43' 12"

 

                     (d)  Area 4 of 6, that is all of that area contained within and bounded by a line commencing at Point 14 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 17, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

14

‑12° 31' 18"

130° 42' 52"

15

‑12° 31' 01"

130° 42' 52"

16

‑12° 31' 01"

130° 43' 10"

17

‑12° 31' 18"

130° 43' 10"

 

                     (e)  Area 5 of 6, that is all of that area contained within and bounded by a line commencing at Point 18 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 21, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

18

‑12° 35' 04"

130° 41' 00"

19

‑12° 34' 41"

130° 41' 00"

20

‑12° 34' 41"

130° 41' 19"

21

‑12° 35' 04"

130° 41' 19"

 

                      (f)  Area 6 of 6, that is all of that area contained within and bounded by a line commencing at Point 22 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 25, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

22

‑12° 34' 56"

130° 41' 42"

23

‑12° 34' 43"

130° 41' 42"

24

‑12° 34' 43"

130° 41' 58"

25

‑12° 34' 56"

130° 41' 58"

 

9  Beswick

                   All that area of land contained within the 2 separate areas of land outlined below having a total area of approximately 6.298 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 2, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 6, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑14° 33' 21"

133° 06' 27"

2

‑14° 32' 27"

133° 06' 27"

3

‑14° 32' 27"

133° 07' 26"

4

‑14° 34' 03"

133° 07' 26"

5

‑14° 34' 03"

133° 05' 59"

6

‑14° 33' 21"

133° 05' 59"

 

                     (b)  Area 2 of 2, that is all of that area contained within and bounded by a line commencing at Point 7 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 10, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

7

‑14° 34' 12"

133° 08' 42"

8

‑14° 34' 02"

133° 08' 42"

9

‑14° 34' 02"

133° 08' 54"

10

‑14° 34' 12"

133° 08' 54"

 

10  Bulman

                   All that area of land contained within the 3 separate areas of land outlined below having a total area of approximately 3.436 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 3, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 6, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑13° 40' 54"

134° 20' 28"

2

‑13° 40' 54"

134° 20' 06"

3

‑13° 40' 20"

134° 20' 06"

4

‑13° 40' 20"

134° 19' 31"

5

‑13° 39' 33"

134° 19' 31"

6

‑13° 39' 33"

134° 20' 28"

 

                     (b)  Area 2 of 3, that is all of that area contained within and bounded by a line commencing at Point 7 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 10, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

7

‑13° 39' 55"

134° 20' 50"

8

‑13° 39' 42"

134° 20' 50"

9

‑13° 39' 42"

134° 21' 04"

10

‑13° 39' 55"

134° 21' 04"

 

                     (c)  Area 3 of 3, that is all of that area contained within and bounded by a line commencing at Point 11 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 14, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

11

‑13° 39' 41"

134° 21' 06"

12

‑13° 39' 31"

134° 21' 06"

13

‑13° 39' 31"

134° 21' 18"

14

‑13° 39' 41"

134° 21' 18"

 

11  Daguragu

                   All that area of land contained within the 7 separate areas of land outlined below having a total area of approximately 4.119 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 7, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 4, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑17° 24' 27"

130° 48' 49"

2

‑17° 24' 27"

130° 47' 50"

3

‑17° 23' 40"

130° 47' 50"

4

‑17° 23' 40"

130° 48' 49"

 

                     (b)  Area 2 of 7, that is all of that area contained within and bounded by a line commencing at Point 5 listed immediately below, thence initially in a north westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 8, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

5

‑17° 26' 12"

130° 48' 24"

6

‑17° 26' 05"

130° 48' 12"

7

‑17° 25' 11"

130° 48' 48"

8

‑17° 25' 18"

130° 49' 00"

 

                     (c)  Area 3 of 7, that is all of that area contained within and bounded by a line commencing at Point 9 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 12, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

9

‑17° 24' 16"

130° 47' 28"

10

‑17° 24' 03"

130° 47' 28"

11

‑17° 24' 03"

130° 47' 40"

12

‑17° 24' 16"

130° 47' 40"

 

                     (d)  Area 4 of 7, that is all of that area contained within and bounded by a line commencing at Point 13 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 16, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

13

‑17° 24' 44"

130° 48' 14"

14

‑17° 24' 31"

130° 48' 14"

15

‑17° 24' 31"

130° 48' 27"

16

‑17° 24' 44"

130° 48' 27"

 

                     (e)  Area 5 of 7, that is all of that area contained within and bounded by a line commencing at Point 17 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 20, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

17

‑17° 25' 02"

130° 48' 31"

18

‑17° 24' 52"

130° 48' 31"

19

‑17° 24' 52"

130° 48' 42"

20

‑17° 25' 02"

130° 48' 42"

 

                      (f)  Area 6 of 7, that is all of that area contained within and bounded by a line commencing at Point 21 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 24, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

21

‑17° 26' 06"

130° 49' 21"

22

‑17° 25' 55"

130° 49' 21"

23

‑17° 25' 55"

130° 49' 33"

24

‑17° 26' 06"

130° 49' 33"

 

                     (g)  Area 7 of 7, that is all of that area contained within and bounded by a line commencing at Point 25 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 28, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

25

‑17° 24' 21"

130° 49' 06"

26

‑17° 24' 04"

130° 49' 06"

27

‑17° 24' 04"

130° 49' 23"

28

‑17° 24' 21"

130° 49' 23"

 

12  Galiwinku

                   All that area of land contained within the 10 separate areas of land outlined below having a total area of approximately 6.668 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 10, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a southerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to the intersection with the low water mark of the coastline of the Northern Territory at Point 3, thence generally in a northerly direction following the low water mark of that coastline to Point 4, thence successively along a straight line (loxodrome) between each of the following points in the sequence to Point 8, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑12° 01' 19"

135° 34' 36"

2

‑12° 02' 11"

135° 34' 36"

3

‑12° 02' 11"

135° 33' 37"

4

‑12° 00' 54"

135° 33' 44"

5

‑12° 00' 54"

135° 34' 36"

6

‑12° 01' 02"

135° 34' 36"

7

‑12° 01' 09"

135° 35' 20"

8

‑12° 01' 26"

135° 35' 17"

 

                     (b)  Area 2 of 10, that is all of that area contained within and bounded by a line commencing at Point 9 listed immediately below, thence initially in a northerly direction along a straight line (loxodrome) to the intersection with the low water mark of the coastline of the Northern Territory at Point 10, thence generally in an easterly direction following the low water mark of that coastline to Point 11, thence successively along a straight line (loxodrome) between each of the following points in the sequence to Point 13, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

9

‑12° 00' 20"

135° 34' 01"

10

‑12° 00' 06"

135° 34' 01"

11

‑12° 00' 06"

135° 34' 12"

12

‑12° 00' 06"

135° 34' 17"

13

‑12° 00' 20"

135° 34' 17"

 

                     (c)  Area 3 of 10, that is all of that area contained within and bounded by a line commencing at Point 14 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 17, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

14

‑12° 00' 45"

135° 35' 19"

15

‑12° 00' 20"

135° 35' 19"

16

‑12° 00' 20"

135° 35' 41"

17

‑12° 00' 45"

135° 35' 41"

 

                     (d)  Area 4 of 10, that is all of that area contained within and bounded by a line commencing at Point 18 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 21, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

18

‑12° 01' 49"

135° 34' 54"

19

‑12° 01' 36"

135° 34' 54"

20

‑12° 01' 36"

135° 35' 07"

21

‑12° 01' 49"

135° 35' 07"

 

                     (e)  Area 5 of 10, that is all of that area contained within and bounded by a line commencing at Point 22 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 25, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

22

‑12° 02' 23"

135° 35' 15"

23

‑12° 01' 53"

135° 35' 15"

24

‑12° 01' 53"

135° 35' 30"

25

‑12° 02' 23"

135° 35' 30"

 

                      (f)  Area 6 of 10, that is all of that area contained within and bounded by a line commencing at Point 26 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 29, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

26

‑12° 02' 44"

135° 35' 21"

27

‑12° 02' 35"

135° 35' 21"

28

‑12° 02' 35"

135° 35' 32"

29

‑12° 02' 44"

135° 35' 32"

 

                     (g)  Area 7 of 10, that is all of that area contained within and bounded by a line commencing at Point 30 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to the intersection with the low water mark of the coastline of the Northern Territory at Point 32, thence generally in a southerly direction following the low water mark of that coastline to Point 33, thence along a straight line (loxodrome) to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

30

‑12° 03' 20"

135° 35' 21"

31

‑12° 02' 59"

135° 35' 21"

32

‑12° 02' 59"

135° 35' 35"

33

‑12° 03' 20"

135° 35' 32"

 

                     (h)  Area 8 of 10, that is all of that area contained within and bounded by a line commencing on the low water mark of the coastline of the Northern Territory at Point 34 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to the intersection with the low water mark of the coastline of the Northern Territory at Point 38, thence generally in a north westerly direction following the low water mark of that coastline to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

34

‑12° 03' 09"

135° 33' 32"

35

‑12° 03' 01"

135° 33' 32"

36

‑12° 03' 01"

135° 33' 50"

37

‑12° 03' 21"

135° 33' 50"

38

‑12° 03' 21"

135° 33' 41"

 

                      (i)  Area 9 of 10, that is all of that area contained within and bounded by a line commencing at Point 39 listed immediately below, thence initially in a northerly direction to the intersection with the low water mark of the coastline of the Northern Territory at Point 40, thence generally in a north easterly direction following the low water mark of that coastline to Point 41, thence successively along a straight line (loxodrome) between each of the following points in the sequence to Point 43, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

39

‑12° 02' 57"

135° 33' 17"

40

‑12° 02' 49"

135° 33' 17"

41

‑12° 02' 44"

135° 33' 22"

42

‑12° 02' 44"

135° 33' 30"

43

‑12° 02' 57"

135° 33' 30"

 

                      (j)  Area 10 of 10, that is all of that area contained within and bounded by a line commencing at Point 44 listed immediately below, thence initially in a northerly direction along a straight line (loxodrome) to the intersection with the low water mark of the coastline of the Northern Territory at Point 45, thence generally in a northerly direction following the low water mark of that coastline to Point 46, thence successively along a straight line (loxodrome) between each of the following points in the sequence to Point 48, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

44

‑11° 59' 45"

135° 34' 21"

45

‑11° 59' 42"

135° 34' 21"

46

‑11° 59' 34"

135° 34' 24"

47

‑11° 59' 34"

135° 34' 34"

48

‑11° 59' 45"

135° 34' 34"

 

13  Gapuwiyak

                   All that area of land contained within the 4 separate areas of land outlined below having a total area of approximately 5.781 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 4, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a southerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 8, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑12° 30' 04"

135° 49' 21"

2

‑12° 30' 16"

135° 49' 21"

3

‑12° 30' 16"

135° 48' 56"

4

‑12° 30' 45"

135° 48' 56"

5

‑12° 30' 45"

135° 47' 43"

6

‑12° 29' 35"

135° 47' 43"

7

‑12° 29' 35"

135° 49' 02"

8

‑12° 30' 04"

135° 49' 02"

 

                     (b)  Area 2 of 4, that is all of that area contained within and bounded by a line commencing at Point 9 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 12, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

9

‑12° 30' 19"

135° 49' 39"

10

‑12° 30' 05"

135° 49' 39"

11

‑12° 30' 05"

135° 49' 55"

12

‑12° 30' 19"

135° 49' 55"

 

                     (c)  Area 3 of 4, that is all of that area contained within and bounded by a line commencing at Point 13 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 16, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

13

‑12° 31' 23"

135° 48' 10"

14

‑12° 31' 04"

135° 48' 10"

15

‑12° 31' 04"

135° 48' 27"

16

‑12° 31' 23"

135° 48' 27"

 

                     (d)  Area 4 of 4, that is all of that area contained within and bounded by a line commencing at Point 17 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 20, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

17

‑12° 29' 04"

135° 46' 43"

18

‑12° 28' 53"

135° 46' 43"

19

‑12° 28' 53"

135° 46' 53"

20

‑12° 29' 04"

135° 46' 53"

 

14  Gunbalanya

                   All that area of land contained within the 4 separate areas of land outlined below having a total area of approximately 12.135 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 4, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 6, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑12° 19' 55"

133° 02' 18"

2

‑12° 19' 55"

133° 01' 46"

3

‑12° 18' 43"

133° 01' 46"

4

‑12° 18' 43"

133° 03' 49"

5

‑12° 20' 26"

133° 03' 49"

6

‑12° 20' 26"

133° 02' 18"

 

                     (b)  Area 2 of 4, that is all of that area contained within and bounded by a line commencing at Point 7 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 10, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

7

‑12° 20' 20"

133° 04' 33"

8

‑12° 20' 05"

133° 04' 33"

9

‑12° 20' 05"

133° 04' 48"

10

‑12° 20' 20"

133° 04' 48"

 

                     (c)  Area 3 of 4, that is all of that area contained within and bounded by a line commencing at Point 11 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 14, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

11

‑12° 20' 20"

133° 00' 56"

12

‑12° 20' 04"

133° 00' 56"

13

‑12° 20' 04"

133° 01' 12"

14

‑12° 20' 20"

133° 01' 12"

 

                     (d)  Area 4 of 4, that is all of that area contained within and bounded by a line commencing at Point 15 listed immediately below, thence initially in a south easterly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 18, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

15

‑12° 19' 11"

133° 00' 01"

16

‑12° 19' 43"

133° 00' 59"

17

‑12° 19' 55"

133° 00' 52"

18

‑12° 19' 24"

132° 59' 53"

 

15  Gunyangara

                   All that area of land contained within the area of land outlined below having a total area of approximately 2.411 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being all of that area contained within and bounded by a line commencing on the low water mark of the coastline of the Northern Territory at Point 1 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to the intersection with the low water mark of the coastline of the Northern Territory at Point 3, thence generally in a southerly direction following the low water mark of that coastline to Point 4, thence successively along a straight line (loxodrome) between each of the following points in the sequence to the intersection with the low water mark of the coastline of the Northern Territory at Point 6, thence generally in a northerly direction following the low water mark of that coastline to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑12° 12' 46"

136° 41' 58"

2

‑12° 12' 29"

136° 41' 58"

3

‑12° 12' 29"

136° 42' 37"

4

‑12° 13' 26"

136° 42' 36"

5

‑12° 13' 26"

136° 42' 21"

6

‑12° 13' 42"

136° 42' 13"

 

16  Haasts Bluff

                   All that area of land contained within the 5 separate areas of land outlined below having a total area of approximately 4.504 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 5, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 6, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑23° 27' 18"

131° 52' 18"

2

‑23° 26' 57"

131° 52' 18"

3

‑23° 26' 57"

131° 52' 22"

4

‑23° 26' 27"

131° 52' 22"

5

‑23° 26' 27"

131° 53' 23"

6

‑23° 27' 18"

131° 53' 23"

 

                     (b)  Area 2 of 5, that is all of that area contained within and bounded by a line commencing at Point 7 listed immediately below, thence initially in a north easterly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 10, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

7

‑23° 26' 53"

131° 50' 34"

8

‑23° 26' 43"

131° 50' 41"

9

‑23° 27' 22"

131° 51' 43"

10

‑23° 27' 32"

131° 51' 35"

 

                     (c)  Area 3 of 5, that is all of that area contained within and bounded by a line commencing at Point 11 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 14, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

11

‑23° 27' 58"

131° 52' 42"

12

‑23° 27' 47"

131° 52' 42"

13

‑23° 27' 47"

131° 52' 53"

14

‑23° 27' 58"

131° 52' 53"

 

                     (d)  Area 4 of 5, that is all of that area contained within and bounded by a line commencing at Point 15 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 18, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

15

‑23° 29' 26"

131° 52' 16"

16

‑23° 29' 12"

131° 52' 16"

17

‑23° 29' 12"

131° 52' 34"

18

‑23° 29' 26"

131° 52' 34"

 

                     (e)  Area 5 of 5, that is all of that area contained within and bounded by a line commencing at Point 19 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 22, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

19

‑23° 31' 04"

131° 52' 14"

20

‑23° 30' 41"

131° 52' 14"

21

‑23° 30' 41"

131° 52' 40"

22

‑23° 31' 04"

131° 52' 40"

 

17  Hermannsburg

                   All that area of land contained within the 4 separate areas of land outlined below having a total area of approximately 7.340 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 4, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 14, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑23° 57' 10"

132° 46' 49"

2

‑23° 57' 10"

132° 46' 02"

3

‑23° 56' 15"

132° 46' 02"

4

‑23° 56' 15"

132° 45' 46"

5

‑23° 56' 03"

132° 45' 46"

6

‑23° 56' 03"

132° 46' 02"

7

‑23° 55' 49"

132° 46' 02"

8

‑23° 55' 49"

132° 46' 29"

9

‑23° 56' 04"

132° 46' 29"

10

‑23° 56' 04"

132° 47' 35"

11

‑23° 57' 06"

132° 47' 35"

12

‑23° 57' 06"

132° 47' 05"

13

‑23° 57' 20"

132° 47' 05"

14

‑23° 57' 20"

132° 46' 49"

 

                     (b)  Area 2 of 4, that is all of that area contained within and bounded by a line commencing at Point 15 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 18, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

15

‑23° 57' 23"

132° 45' 52"

16

‑23° 57' 11"

132° 45' 52"

17

‑23° 57' 11"

132° 46' 05"

18

‑23° 57' 23"

132° 46' 05"

 

                     (c)  Area 3 of 4, that is all of that area contained within and bounded by a line commencing at Point 19 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 22, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

19

‑23° 55' 58"

132° 47' 53"

20

‑23° 55' 56"

132° 47' 53"

21

‑23° 55' 56"

132° 47' 56"

22

‑23° 55' 58"

132° 47' 56"

 

                     (d)  Area 4 of 4, that is all of that area contained within and bounded by a line commencing at Point 23 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 27, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

23

‑23° 55' 29"

132° 47' 59"

24

‑23° 55' 18"

132° 48' 05"

25

‑23° 55' 42"

132° 48' 59"

26

‑23° 55' 53"

132° 48' 53"

27

‑23° 56' 03"

132° 48' 08"

 

18  Kaltukatjara

                   All that area of land contained within the 7 separate areas of land outlined below having a total area of approximately 6.410 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 7, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in an easterly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 14, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑24° 51' 58"

129° 05' 28"

2

‑24° 51' 58"

129° 05' 41"

3

‑24° 52' 58"

129° 05' 41"

4

‑24° 52' 58"

129° 04' 28"

5

‑24° 53' 09"

129° 04' 28"

6

‑24° 53' 09"

129° 04' 15"

7

‑24° 52' 32"

129° 04' 15"

8

‑24° 52' 32"

129° 04' 01"

9

‑24° 52' 15"

129° 04' 01"

10

‑24° 52' 15"

129° 04' 29"

11

‑24° 51' 58"

129° 04' 29"

12

‑24° 51' 58"

129° 05' 15"

13

‑24° 51' 45"

129° 05' 15"

14

‑24° 51' 45"

129° 05' 28"

 

                     (b)  Area 2 of 7, that is all of that area contained within and bounded by a line commencing at Point 15 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 18, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

15

‑24° 53' 11"

129° 04' 41"

16

‑24° 53' 02"

129° 04' 41"

17

‑24° 53' 02"

129° 04' 52"

18

‑24° 53' 11"

129° 04' 52"

 

                     (c)  Area 3 of 7, that is all of that area contained within and bounded by a line commencing at Point 19 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 22, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

19

‑24° 53' 18"

129° 03' 48"

20

‑24° 53' 10"

129° 03' 48"

21

‑24° 53' 10"

129° 03' 57"

22

‑24° 53' 18"

129° 03' 57"

 

                     (d)  Area 4 of 7, that is all of that area contained within and bounded by a line commencing at Point 23 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 26, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

23

‑24° 53' 42"

129° 03' 40"

24

‑24° 53' 33"

129° 03' 40"

25

‑24° 53' 33"

129° 03' 51"

26

‑24° 53' 42"

129° 03' 51"

 

                     (e)  Area 5 of 7, that is all of that area contained within and bounded by a line commencing at Point 27 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 30, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

27

‑24° 51' 39"

129° 03' 25"

28

‑24° 51' 25"

129° 03' 25"

29

‑24° 51' 25"

129° 03' 43"

30

‑24° 51' 39"

129° 03' 43"

 

                      (f)  Area 6 of 7, that is all of that area contained within and bounded by a line commencing at Point 31 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 34, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

31

‑24° 51' 58"

129° 06' 00"

32

‑24° 51' 39"

129° 06' 00"

33

‑24° 51' 39"

129° 06' 15"

34

‑24° 51' 58"

129° 06' 15"

 

                     (g)  Area 7 of 7, that is all of that area contained within and bounded by a line commencing at Point 35 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 38, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

35

‑24° 51' 43"

129° 06' 44"

36

‑24° 51' 27"

129° 06' 44"

37

‑24° 51' 27"

129° 07' 54"

38

‑24° 51' 43"

129° 07' 54"

 

19  Kintore

                   All that area of land contained within the 3 separate areas of land outlined below having a total area of approximately 8.507 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 3, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 12, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑23° 16' 27"

129° 22' 31"

2

‑23° 16' 27"

129° 22' 06"

3

‑23° 15' 46"

129° 22' 06"

4

‑23° 15' 46"

129° 23' 30"

5

‑23° 15' 43"

129° 23' 30"

6

‑23° 15' 43"

129° 23' 43"

7

‑23° 16' 03"

129° 23' 43"

8

‑23° 16' 03"

129° 23' 54"

9

‑23° 17' 14"

129° 23' 54"

10

‑23° 17' 14"

129° 23' 12"

11

‑23° 17' 05"

129° 23' 12"

12

‑23° 17' 05"

129° 22' 31"

 

                     (b)  Area 2 of 3, that is all of that area contained within and bounded by a line commencing at Point 13 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 16, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

13

‑23° 17' 31"

129° 23' 21"

14

‑23° 17' 23"

129° 23' 21"

15

‑23° 17' 23"

129° 23' 29"

16

‑23° 17' 31"

129° 23' 29"

 

                     (c)  Area 3 of 3, that is all of that area contained within and bounded by a line commencing at Point 17 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 20, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

17

‑23° 15' 36"

129° 23' 08"

18

‑23° 14' 58"

129° 23' 08"

19

‑23° 14' 58"

129° 23' 54"

20

‑23° 15' 36"

129° 23' 54"

 

20  Lajamanu

                   All that area of land contained within the 7 separate areas of land outlined below having a total area of approximately 7.168 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 7, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 16, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑18° 20' 39"

130° 39' 42"

2

‑18° 20' 39"

130° 39' 20"

3

‑18° 20' 34"

130° 39' 20"

4

‑18° 20' 34"

130° 38' 56"

5

‑18° 20' 45"

130° 38' 56"

6

‑18° 20' 45"

130° 37' 37"

7

‑18° 19' 24"

130° 37' 37"

8

‑18° 19' 24"

130° 37' 46"

9

‑18° 19' 29"

130° 37' 46"

10

‑18° 19' 29"

130° 37' 53"

11

‑18° 19' 39"

130° 37' 53"

12

‑18° 19' 39"

130° 38' 07"

13

‑18° 19' 43"

130° 38' 07"

14

‑18° 19' 43"

130° 38' 57"

15

‑18° 20' 02"

130° 38' 57"

16

‑18° 20' 02"

130° 39' 42"

 

                     (b)  Area 2 of 7, that is all of that area contained within and bounded by a line commencing at Point 17 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 20, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

17

‑18° 19' 40"

130° 37' 03"

18

‑18° 19' 31"

130° 37' 03"

19

‑18° 19' 31"

130° 37' 14"

20

‑18° 19' 40"

130° 37' 14"

 

                     (c)  Area 3 of 7, that is all of that area contained within and bounded by a line commencing at Point 21 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 24, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

21

‑18° 19' 16"

130° 37' 22"

22

‑18° 19' 07"

130° 37' 22"

23

‑18° 19' 07"

130° 37' 31"

24

‑18° 19' 16"

130° 37' 31"

 

                     (d)  Area 4 of 7, that is all of that area contained within and bounded by a line commencing at Point 25 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 28, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

25

‑18° 18' 59"

130° 37' 13"

26

‑18° 18' 50"

130° 37' 13"

27

‑18° 18' 50"

130° 37' 22"

28

‑18° 18' 59"

130° 37' 22"

 

                     (e)  Area 5 of 7, that is all of that area contained within and bounded by a line commencing at Point 29 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 32, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

29

‑18° 18' 47"

130° 36' 53"

30

‑18° 18' 34"

130° 36' 53"

31

‑18° 18' 34"

130° 37' 07"

32

‑18° 18' 47"

130° 37' 07"

 

                      (f)  Area 6 of 7, that is all of that area contained within and bounded by a line commencing at Point 33 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 36, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

33

‑18° 19' 03"

130° 38' 30"

34

‑18° 18' 46"

130° 38' 30"

35

‑18° 18' 46"

130° 39' 00"

36

‑18° 19' 03"

130° 39' 00"

 

                     (g)  Area 7 of 7, that is all of that area contained within and bounded by a line commencing at Point 37 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 40, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

37

‑18° 19' 26"

130° 39' 03"

38

‑18° 19' 15"

130° 39' 03"

39

‑18° 19' 15"

130° 39' 15"

40

‑18° 19' 26"

130° 39' 15"

 

21  Maningrida

                   All that area of land contained within the 5 separate areas of land outlined below having a total area of approximately 10.456 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 5, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a north westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to the intersection with the low water mark of the coastline of the Northern Territory at Point 6, thence generally in a north easterly direction following the low water mark of that coastline to Point 7, thence successively along a straight line (loxodrome) between each of the following points in the sequence to Point 14, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑12° 04' 53"

134° 14' 22"

2

‑12° 04' 33"

134° 14' 10"

3

‑12° 04' 22"

134° 14' 28"

4

‑12° 03' 53"

134° 14' 10"

5

‑12° 03' 53"

134° 12' 48"

6

‑12° 03' 20"

134° 12' 48"

7

‑12° 02' 15"

134° 13' 44"

8

‑12° 02' 15"

134° 13' 53"

9

‑12° 02' 22"

134° 13' 53"

10

‑12° 02' 22"

134° 14' 12"

11

‑12° 02' 55"

134° 14' 12"

12

‑12° 02' 55"

134° 14' 36"

13

‑12° 03' 56"

134° 14' 36"

14

‑12° 04' 31"

134° 14' 57"

 

                     (b)  Area 2 of 5, that is all of that area contained within and bounded by a line commencing at Point 15 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 18, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

15

‑12° 04' 13"

134° 12' 43"

16

‑12° 04' 02"

134° 12' 43"

17

‑12° 04' 02"

134° 12' 55"

18

‑12° 04' 13"

134° 12' 55"

 

                     (c)  Area 3 of 5, that is all of that area contained within and bounded by a line commencing at Point 19 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 22, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

19

‑12° 05' 22"

134° 13' 46"

20

‑12° 05' 03"

134° 13' 46"

21

‑12° 05' 03"

134° 14' 11"

22

‑12° 05' 22"

134° 14' 11"

 

                     (d)  Area 4 of 5, that is all of that area contained within and bounded by a line commencing at Point 23 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 26, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

23

‑12° 06' 26"

134° 15' 29"

24

‑12° 05' 55"

134° 15' 29"

25

‑12° 05' 55"

134° 16' 04"

26

‑12° 06' 26"

134° 16' 04"

 

                     (e)  Area 5 of 5, that is all of that area contained within and bounded by a line commencing at Point 27 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 30, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

27

‑12° 07' 27"

134° 16' 28"

28

‑12° 07' 11"

134° 16' 28"

29

‑12° 07' 11"

134° 16' 46"

30

‑12° 07' 27"

134° 16' 46"

 

22  Manyallaluk

                   All that area of land contained within the 2 separate areas of land outlined below having a total area of approximately 2.209 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 2, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 13, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑14° 16' 19"

132° 49' 46"

2

‑14° 16' 19"

132° 49' 17"

3

‑14° 15' 38"

132° 49' 17"

4

‑14° 15' 38"

132° 50' 05"

5

‑14° 15' 58"

132° 50' 05"

6

‑14° 16' 02"

132° 50' 13"

7

‑14° 16' 05"

132° 50' 12"

8

‑14° 16' 23"

132° 50' 12"

9

‑14° 16' 23"

132° 50' 02"

10

‑14° 16' 30"

132° 50' 02"

11

‑14° 16' 30"

132° 49' 55"

12

‑14° 16' 34"

132° 49' 55"

13

‑14° 16' 34"

132° 49' 46"

 

                     (b)  Area 2 of 2, that is all of that area contained within and bounded by a line commencing at Point 14 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 17, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

14

‑14° 16' 54"

132° 49' 59"

15

‑14° 16' 46"

132° 49' 59"

16

‑14° 16' 46"

132° 50' 09"

17

‑14° 16' 54"

132° 50' 09"

 

23  Milikapiti

                   All that area of land contained within the 3 separate areas of land outlined below having a total area of approximately 6.253 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 3, that is all of that area contained within and bounded by a line commencing on the low water mark of the coastline of the Northern Territory at Point 1 listed immediately below, thence initially in a south easterly direction following the low water mark of that coastline to Point 2, thence successively along a straight line (loxodrome) between each of the following points in the sequence to Point 14, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑11° 24' 43"

130° 39' 57"

2

‑11° 25' 56"

130° 40' 54"

3

‑11° 25' 56"

130° 40' 26"

4

‑11° 26' 05"

130° 40' 26"

5

‑11° 26' 05"

130° 40' 15"

6

‑11° 25' 56"

130° 40' 15"

7

‑11° 25' 56"

130° 39' 54"

8

‑11° 25' 36"

130° 39' 54"

9

‑11° 25' 36"

130° 39' 19"

10

‑11° 24' 37"

130° 38' 03"

11

‑11° 24' 22"

130° 38' 15"

12

‑11° 25' 03"

130° 39' 07"

13

‑11° 25' 03"

130° 39' 54"

14

‑11° 24' 43"

130° 39' 54"

 

                     (b)  Area 2 of 3, that is all of that area contained within and bounded by a line commencing at Point 15 listed immediately below, thence initially in an easterly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 18, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

15

‑11° 25' 49"

130° 39' 34"

16

‑11° 25' 49"

130° 39' 44"

17

‑11° 26' 04"

130° 39' 44"

18

‑11° 26' 04"

130° 39' 34"

 

                     (c)  Area 3 of 3, that is all of that area contained within and bounded by a line commencing at Point 19 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 22, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

19

‑11° 27' 04"

130° 39' 57"

20

‑11° 26' 34"

130° 39' 57"

21

‑11° 26' 34"

130° 40' 18"

22

‑11° 27' 04"

130° 40' 18"

 

24  Milingimbi

                   All that area of land contained within the 3 separate areas of land outlined below having a total area of approximately 9.241 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 3, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to the intersection with the low water mark of the coastline of the Northern Territory at Point 16, thence generally in a southerly direction following the low water mark of that coastline to Point 17, thence successively along a straight line (loxodrome) between each of the following points in the sequence to Point 20, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑12° 06' 18"

134° 54' 23"

2

‑12° 06' 18"

134° 53' 39"

3

‑12° 06' 34"

134° 53' 39"

4

‑12° 06' 34"

134° 53' 07"

5

‑12° 05' 40"

134° 53' 07"

6

‑12° 05' 33"

134° 52' 53"

7

‑12° 05' 15"

134° 53' 01"

8

‑12° 05' 27"

134° 53' 27"

9

‑12° 05' 07"

134° 53' 29"

10

‑12° 05' 09"

134° 53' 45"

11

‑12° 05' 34"

134° 53' 43"

12

‑12° 05' 47"

134° 54' 12"

13

‑12° 05' 39"

134° 54' 12"

14

‑12° 05' 39"

134° 54' 27"

15

‑12° 05' 45"

134° 54' 27"

16

‑12° 05' 45"

134° 55' 48"

17

‑12° 06' 50"

134° 55' 07"

18

‑12° 06' 50"

134° 54' 42"

19

‑12° 07' 30"

134° 54' 42"

20

‑12° 07' 30"

134° 54' 23"

 

                     (b)  Area 2 of 3, that is all of that area contained within and bounded by a line commencing at Point 21 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 24, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

21

‑12° 04' 43"

134° 53' 41"

22

‑12° 04' 31"

134° 53' 41"

23

‑12° 04' 31"

134° 53' 53"

24

‑12° 04' 43"

134° 53' 53"

 

                     (c)  Area 3 of 3, that is all of that area contained within and bounded by a line commencing at Point 25 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 28, thence to the point of commencement.

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

25

‑12° 05' 30"

134° 52' 29"

26

‑12° 05' 18"

134° 52' 29"

27

‑12° 05' 18"

134° 52' 41"

28

‑12° 05' 30"

134° 52' 41"

 

25  Minjilang

                   All that area of land contained within the 7 separate areas of land outlined below having a total area of approximately 6.167 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976, being:

                     (a)  Area 1 of 7, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in an easterly direction successively along a straight line (loxodrome) between each of the following points in the sequence to the intersection with the low water mark of the coastline of the Northern Territory at Point 3, thence generally in a southerly direction following the low water mark of that coastline to Point 4, thence successively along a straight line (loxodrome) between each of the following points in the sequence to Point 15, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

1

‑11° 08' 25"

132° 34' 41"

2

‑11° 08' 25"

132° 35' 07"

3

‑11° 08' 36"

132° 35' 07"

4

‑11° 09' 33"

132° 34' 48"

5

‑11° 09' 33"

132° 33' 44"

6

‑11° 09' 20"

132° 33' 44"

7

‑11° 09' 20"

132° 33' 30"

8

‑11° 09' 09"

132° 33' 30"

9

‑11° 09' 09"

132° 33' 55"

10

‑11° 08' 37"

132° 33' 55"

11

‑11° 08' 37"

132° 34' 12"

12

‑11° 08' 25"

132° 34' 12"

13

‑11° 08' 25"

132° 34' 31"

14

‑11° 08' 21"

132° 34' 32"

15

‑11° 08' 23"

132° 34' 41"

 

                     (b)  Area 2 of 7, that is all of that area contained within and bounded by a line commencing at Point 16 listed immediately below, thence initially in a north westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 19, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

16

‑11° 09' 52"

132° 32' 05"

17

‑11° 09' 43"

132° 31' 59"

18

‑11° 09' 18"

132° 32' 44"

19

‑11° 09' 28"

132° 32' 49"

 

                     (c)  Area 3 of 7, that is all of that area contained within and bounded by a line commencing at Point 20 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 23, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

20

‑11° 11' 24"

132° 33' 31"

21

‑11° 11' 11"

132° 33' 31"

22

‑11° 11' 11"

132° 33' 41"

23

‑11° 11' 24"

132° 33' 41"

 

                     (d)  Area 4 of 7, that is all of that area contained within and bounded by a line commencing at Point 24 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 27, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

24

‑11° 11' 29"

132° 33' 59"

25

‑11° 11' 20"

132° 33' 59"

26

‑11° 11' 20"

132° 34' 09"

27

‑11° 11' 29"

132° 34' 09"

 

                     (e)  Area 5 of 7, that is all of that area contained within and bounded by a line commencing at Point 28 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 31, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS

Longitude (E) DMS

28

‑11° 12' 35"

132° 34' 41"

29

‑11° 12' 18"

132° 34' 41"

30

‑11° 12' 18"

132° 34' 58"

31

‑11° 12' 35"

132° 34' 58"

 

                      (f)  Area 6 of 7, that is all of that area contained within and bounded by a line commencing at Point 32 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to the intersection with the low water mark of the coastline of the Northern Territory at Point 34, thence generally in a south easterly direction following the low water mark of that coastline to Point 35, thence successively along a straight line (loxodrome) between each of the following points in the sequence to Point 36, thence to the point of commencement;

 

 

Geocentric Datum of Australia 1994 (GDA94)

Point No.

Latitude (S) DMS