Federal Register of Legislation - Australian Government

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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
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Registered 25 Feb 2010
Introduced Senate 23 Feb 2010

 

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 1Preliminary

  

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.