2008‑2009‑2010
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Wild Rivers (Environmental Management) Bill 2010
No. , 2010
(Senator Scullion)
A Bill for an Act to protect the interests of Aboriginal traditional owners in the management, development and use of native title land situated in wild river areas, and for related purposes
Contents
Part 1—Preliminary 1
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 2
3............ Definitions.......................................................................................... 2
4............ Constitutional basis and object of Act............................................... 2
5............ Agreement of traditional owners required.......................................... 3
6............ Transitional provision........................................................................ 3
7............ Regulations......................................................................................... 3
A Bill for an Act to protect the interests of Aboriginal traditional owners in the management, development and use of native title land situated in wild river areas, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Wild Rivers (Environmental Management) Act 2010.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Definitions
In this Act:
land includes waters.
native title has the same meaning as in the Native Title Act 1993.
native title land means land in which native title exists.
regulated means regulation of the development or use of land and includes prohibition of, or restriction on, the development or use of land.
relevant Queensland legislation means the Wild Rivers Act 2005 (Qld) and includes future legislation amending, or substituted for, that Act.
wild river area means an area in which the relevant Queensland legislation regulates, or purports to regulate, the development or use of land.
wild river declaration means a declaration under Part 2 of the Wild Rivers Act 2005 (Qld).
4 Constitutional basis and object of Act
(1) This Act relies on:
(a) the Commonwealth’s legislative powers under paragraph 51(xxvi) of the Constitution; and
(b) any other express or implied legislative power of the Commonwealth capable of supporting the enactment of this Act.
(2) It is the intention of the Parliament that this Act be a special measure for the advancement and protection of Australia’s indigenous people.
(3) In particular, it is the intention of the Parliament that this Act protect the rights of traditional owners of native title land within wild river areas to own, use, develop and control that land.
Note: Section 51(xxvi) of the Australian Constitution provides that the Parliament has power to make laws with respect to “the people of any race for whom it is deemed necessary to make special laws”.
5 Agreement of traditional owners required
The development or use of native title land in a wild river area cannot be regulated under the relevant Queensland legislation unless the Aboriginal traditional owners of the land agree.
6 Transitional provision
Despite section 5, a wild river declaration made before the commencement of this Act continues to apply to native title land to which it is expressed to apply until:
(a) a fresh declaration is made with the agreement of the Aboriginal traditional owners of the land; or
(b) 6 months elapse from the commencement of this Act;
whichever happens first.
7 Regulations
(1) The Governor‑General may make regulations for the purposes of this Act.
(2) Without limiting subsection (1), the regulations may prescribe procedures:
(a) for seeking the agreement of Aboriginal traditional owners under this Act; and
(b) for negotiating the terms of the agreement; and
(c) for giving and evidencing the agreement.