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SR 1992 No. 121 Regulations as made
These Regulations amend the Aboriginal and Torres Strait Islander Heritage Protection Regulations.
Administered by: DEW
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR26-May-1992
Tabled Senate26-May-1992
Gazetted 14 May 1992
Date of repeal 19 Mar 2014
Repealed by Environment (Spent and Redundant Instruments) Repeal Regulation 2014

 

 

 

 

 

 

 

Statutory  Rules  1992   No. 1211

__________________

 

 

Aboriginal and Torres Strait Islander Heritage Protection Regulations 2 (Amendment)

 

 

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.

 

          Dated 7 May 1992.

 

                                                                                         BILL HAYDEN

                                                                                        Governor-General

          By His Excellency’s Command,

 

 

ROBERT E. TICKNER

Minister of State for Aboriginal and Torres Strait

Islander Affairs

____________

 

1.   Amendment

1.1   The Aboriginal and Torres Strait Islander Heritage Protection Regulations are amended as set out in these Regulations.

 

[NOTE:  These Regulations commence on gazettal:  see Acts Interpretation Act 1901, s. 48]


2.   Regulation 3a (Community areas—Victoria)

Insert at the end:

 

             “(2)  While the members of the Aboriginal communities listed in the Schedule to the Act as in force from time to time accept the requirement for the boundaries of their community areas to be described by regulation, the Government of Victoria acknowledges that the boundaries described in the regulations do not necessarily correspond with or represent the traditional tribal boundaries of the Aboriginal people in those communities.”.

 

 

3.   New regulation 5b

Insert after regulation 5a:

 

Addition to Schedule to the Act

            “5b.  For the purposes of subsection 21a (2) of the Act, the Schedule to the Act is amended by inserting “Brambuk Incorporated” after “Bendigo Dja Dja Wrung Aboriginal Association Incorporated.”.

 

 

4.   Schedule 4 (Community areas in relation to local Aboriginal communities)

4.1   After the description of Area 2, insert:

 

Area 2a: BRAMBUK INCORPORATED

Commencing at the intersection in Stawell of the Navarre Road and the Western Highway, thence generally north-easterly through Stawell by that road to its junction with the Donald-Stawell Road, thence northerly by that road to its intersection with the Glenorchy-Campbells Bridge Road, thence westerly by that road to its intersection with the Stawell-Warracknabeal Road, thence southerly by that road to its intersection with the Glenorchy-Roses Gap Road, thence south-westerly by that road to its intersection with the Western Highway, thence north-westerly by that highway to its intersection with the eastern boundary of the Grampians National Park, thence generally north-westerly, southerly and south-westerly to its intersection with the Glenelg River, being a point on the northern boundary of the Shire of Dundas (at Grid Reference XD095908), thence generally north-westerly and south-westerly by this river to its intersection with the north-eastern tip of the Rocklands Reservoir, thence south-westerly and north-westerly along the northern shore of the Reservoir to the northern
end of the Rocklands dam wall, thence southerly along the dam wall and then westerly along the outfall channel from the dam wall to where it intersects with the Rocklands-Telangatuk East Road, thence northerly by this road and further northerly and westerly by the boundary of the Shire of Kowree to where it intersects at Toolondo with the Natimuk-Hamilton Road, thence northerly along this road for approximately 6 kilometres to its junction with the Clear Lake-Jallumba Road, thence westerly along this road to its intersection with the Clear Lake-Sherewoods Dam Road, thence southerly by that road to its intersection with the Harrow-Clear Lake Road, thence south-westerly by this road to Douglas on the Wombelano Road, thence westerly by that road and the Charam-Wombelano Road to the Wimmera Highway, thence south-westerly by that highway to its intersection with the Coleraine-Edenhope Road, thence south-easterly by that road to its intersection with the Harrow-Horsham Road, thence southerly along this road for a distance of approximately 1.1 kilometres to the Glenelg River, thence generally easterly, south-westerly and easterly again by that river to the Rocklands Dam wall, thence southerly by the dam wall to its southern end, thence generally south-easterly and north easterly by the southern shore of the Rocklands Reservoir to Tea Tree Creek, thence south-easterly by that creek and Scott Creek to the Henty Highway, thence generally south-westerly and southerly by this highway to its junction with the Woohlpooer Road, thence easterly by that road to its intersection with the Victoria Valley Road, thence generally south-easterly by this road to the western boundary of the Grampians National Park, thence generally southerly, north-easterly, south-westerly, again north-easterly and north-westerly by the boundary of that park to its intersection with the Grampians Road, thence north-easterly by that road to its intersection with the Ararat-Halls Gap Road, thence south-easterly by that road to its intersection with the Stawell-Pomonal Road, thence north-easterly by that road to its intersection in Stawell with the Western Highway and the Navarre Road, thus completing the boundary.
”.

 

4.2   After the description of Area 6, insert:

 

Area 6a: FRAMLINGHAM ABORIGINAL TRUST

Commencing at the point where the boundary between the Shire of Heywood (formerly Portland) and the Shire of Belfast intersects the coast (at Grid Reference WC759643), thence northerly along this boundary to where it intersects the Princes Highway, thence south-easterly along this highway to Condons Road, which is then followed northerly to the Portland Road, which is then followed northerly and north easterly to where it bridges the Eumeralla River, thence generally northerly, easterly and northerly along this river to where it is crossed by the Hamilton-Port Fairy Road in Macarthur, thence north-westerly by that road to its intersection with the Macarthur-Hawkesdale Road, thence for approximately 900 metres north-easterly along that road to its junction with the Macarthur-Penshurst Road, which is then followed north easterly for approximately 6 kilometres to its intersection with the Macarthur-Warrabkook Road, which is followed in a northerly direction to its intersection  with  the Byaduk-Penshurst Road, thence from


this intersection in a straight north-north-easterly line to the summit of Mount Napier, thence in a straight north-north-easterly line to the junction of the Murroa-Buckley Swamp Road and the Mount Napier Road in Buckley Swamp, thence north-westerly for approximately 2.5 kilometres along the Mount Napier Road to its junction with the Research Station Road, which is followed in an easterly direction to its intersection with the Yatchaw Road, which is followed north easterly then northerly to its junction with the Hamilton Highway, approximately 2.7 kilometres east of Tarrington, thence westerly along that highway to its intersection with the Tarrington-Strathkellar Road, thence northerly along that road to its intersection with the Glenelg Highway, thence north-easterly along that highway to its junction in Dunkeld with the Victoria Valley Road, which is then followed northerly to where it intersects with the southern boundary of the Grampians National Park, thence generally north-easterly and north-westerly by the boundary of that Park to its intersection with the Grampians Road, thence north easterly by that road to its intersection with the Ararat-Halls Gap Road, thence south-easterly by that road to its intersection with the Stawell-Pomonal Road, thence north-easterly by that road to its intersection in Stawell with the Western Highway, thence south-easterly along that highway through Ararat to its intersection with the Geelong Road, thence south-easterly by that road to its intersection with the Beaufort-Carranballac Road, thence southerly, westerly, south-westerly and southerly by that road to its intersection with the Mount William Road, thence generally south-easterly by that road to its intersection with the Skipton Road, thence south easterly by that road to the Glenelg Highway, thence easterly by that highway to its intersection with the Skipton-Geelong Road, thence south-easterly by that road and the Geelong-Portland Road to its intersection with Lismore Road approximately 1 kilometre west of Pitfield, thence south-easterly by that road through Pitfield to its junction with the Cressy Road, thence southerly by that road and south-easterly by the Werneth Road and the Cressy-Werneth Road to its intersection with the Colac-Ballarat Road, thence southerly by that road to its intersection with the Hamilton Highway, thence westerly by that highway to its intersection with the Colac-Ballarat Road approximately 1.2 kilometres north-east of Cressy, thence southerly along the Colac-Ballarat Road to its intersection with the Geelong-Colac Railway, thence south-westerly by that railway to its intersection with the northern boundary of the City of Colac, thence generally westerly, southerly, easterly and northerly by the boundary of the City of Colac to the intersection of that boundary with the Princes Highway, thence east-north-easterly along this highway to its junction with the Warncoort-Birregurra Road, thence south-easterly along this road to its intersection with the Birregurra-Deans Marsh Road, thence generally south-easterly, southerly and easterly along that road to its junction with the Deans Marsh-Lorne Road, thence south-easterly along this road to its intersection with the Great Ocean Road, which is followed north-easterly for approximately 120 metres to the suspension footbridge which runs from the Great Ocean Road to the coastal fore dune, thence southerly across this bridge to a point on the coast approximately 1.9 kilometres north-east of Lorne, thence generally south-westerly along the coast to the southern most point on Cape Otway, thence west-north-westerly by a line to Thunder Point on Lady Julia Percy Island, thence generally north-westerly by the shore of that island to West Cape, thence north-westerly by a line to where the boundary between the Shire of Heywood (formerly Portland) and the Shire of Belfast intersects the coast, thus completing the boundary.”.


4.3   Description of Area 8:

Omit the description, substitute:

 

Area 8: GOOLUM GOOLUM ABORIGINAL CO-OPERATIVE LTD.

The boundary commences at the junction of the Calder Highway and the Donald-Swan Hill Road at Dumosa, thence generally southerly along the Calder Highway to its junction with the Borung Highway at Charlton, thence southerly on the Charlton-St Arnaud Road to Coonooer, thence south easterly along the straight road to Gowar East, from where the road south to Carapooee is followed to its intersection with the Bendigo-St Arnaud Road, approximately 1 km west of Kooreh, thence westerly to the junction of the Sunraysia Highway and the Wimmera Highway in St Arnaud, thence south-westerly to Moolerr and southerly on the Navarre Road to Navarre, thence generally southerly on the Ararat-St Arnaud Road to its junction with the Pyrenees Highway, which is then followed south-westerly to its junction with the Western Highway in Ararat, thence north-westerly along the Highway to its junction in Stawell with the Stawell-Pomonal Road and the Navarre Road, thence generally north-easterly through Stawell by the Navarre Road to its junction with the Donald-Stawell Road, thence northerly by that road to its intersection with the Glenorchy-Campbells Bridge Road, thence westerly by that road to its intersection with the Stawell-Warracknabeal Road, thence southerly by that road to its intersection with the Glenorchy-Roses Gap Road, thence south-westerly by that road to its intersection with the Western Highway, thence north-westerly by that highway to its intersection with the eastern boundary of the Grampians National Park, thence generally north-westerly, southerly and south-westerly to its intersection with the Glenelg River, being a point on the northern boundary of the Shire of Dundas (at Grid Reference XD095908), thence generally north-westerly and south-westerly by this river to its intersection with the north-eastern tip of the Rocklands Reservoir, thence south-westerly and north-westerly along the northern shore of the Reservoir to the northern end of the Rocklands dam wall, thence southerly along the dam wall and then westerly along the outfall channel from the dam wall to where it intersects with the Rocklands-Telangatuk East Road, thence northerly by this road and further northerly and westerly by the boundary of the Shire of Kowree to where it intersects at Toolondo with the Natimuk-Hamilton Road, thence northerly along this road for approximately 6 kilometres to its junction with the Clear-Lake Jallumba Road, thence westerly along this road to its intersection with the Clear Lake-Sherewoods Dam Road, thence southerly by that road to its intersection with the Harrow-Clear Lake Road, thence south-westerly by this road to Douglas on the Wombelano Road, thence westerly by that road and the Charam-Wombelano Road to the Wimmera Highway, which is then followed through Edenhope to the Victoria-South Australia border, thence northerly along this border to where it is intersected by the Ouyen Highway, which is then followed easterly to its junction in Ouyen with the Calder Highway, thence southerly along this highway to its junction with the Sunraysia Highway, thence south south-easterly along this highway to its junction in Birchip with Birchip-Wycheproof Road, which is then followed in an easterly direction to its junction with the road to Carapugna, approximately 1.6 kms
east of Narraport, thence generally easterly along this road through Carapugna to its junction with the Donald-Swan Hill Road, which is followed north-easterly to Dumosa, thereby completing the boundary.
”.

 

4.4   Description of Area 9:

Omit all words before “commences at”, substitute:

 

Area 9: HEALESVILLE AND DISTRICT ABORIGINAL CO-OPERATIVE LTD.

With the exclusion of the property belonging to the Camp Jungai Co-operative Limited, which is surrounded by the community area of the Healesville and District Aboriginal Co-operative Limited, being located approximately 3 kilometres north north-west of Rubicon township at Grid Reference CU 977708 and being part of Crown allotment 1, Parish of Banyarmbite and being contained in Certificate of Title Volume 8924 Folio 592, and with the exclusion also of the Coranderrk Aboriginal Cemetery, being situated approximately 3 kilometres south of Healesville at Grid Reference CU 681276 in the Parish of Gracedale, containing 2656 square metres and being shown hatched and cross-hatched in Schedule 2 to the Aboriginal Lands Act 1991 and with the exclusion also of the former Army School of Health, being situated approximately 2 kilometres south of Healesville at Grid Reference CU 695287 and being Crown Allotments 119A, 121, 123 and part of Crown Allotments 120 and 122, Parish of Gracedale, being more particularly described as the balance of land contained in Certificate of Title Volume 7754 Folio 178, the boundary of the Co-operative’s area”.

 

4.5   Description of Area 10:

Omit the description, substitute:

 

Area 10: KERRUP-JMARA ELDERS ABORIGINAL CORPORATION

“The boundary commences at the low water mark on the South Australia-Victoria border at the western end of Discovery Bay, thence generally south-easterly and easterly along the coast, including Lawrence Rocks off Point Danger, past Portland to the point where the boundary between the Shire of Heywood (formerly Portland) and the Shire of Belfast intersects the coast (at Grid Reference WC759643), thence northerly along this boundary to where it intersects the Princes Highway, thence south-easterly along this highway to Condons Road, which is then followed northerly to the Portland Road, which is then followed northerly and north easterly to where it bridges the Eumeralla River, thence generally northerly, easterly and northerly along this river to where it is crossed by the Hamilton-Port Fairy Road in Macarthur, thence north-westerly by that road to its intersection with the Macarthur-Hawkesdale Road, thence for approximately 900 metres north-easterly along that road to its junction with the Macarthur-Penshurst Road, which is then followed north easterly for approximately 6 kilometres to its intersection with the Macarthur-Warrabkook Road, which is followed in a northerly direction to its intersection with the Byaduk-Penshurst Road, thence  from this  intersection in a straight


north-north-easterly line to the summit of Mount Napier, thence in a straight north-north-easterly line to the junction of the Murroa-Buckley Swamp Road and the Mount Napier Road in Buckley Swamp, thence north-westerly for approximately 2.5 kilometres along the Mount Napier Road to its junction with the Research Station Road, which is followed in an easterly direction to its intersection with the Yatchaw Road, which is followed north easterly then northerly to its junction with the Hamilton Highway, approximately 2.7 kilometres east of Tarrington, thence westerly along that highway to its intersection with the Tarrington-Strathkellar Road, thence northerly along that road to its intersection with the Glenelg Highway, thence north-easterly along that highway to its junction in Dunkeld with the Victoria Valley Road, which is then followed northerly to where it intersects with the southern boundary of the Grampians National Park thence generally north-easterly, south-westerly and northerly by the boundary of that park to the Victoria Valley Road, thence generally north-westerly by that road to its junction with the Woohlpooer Road, thence westerly by that road to its intersection with the Henty Highway, thence generally northerly and north-easterly by that highway to Scott Creek, thence north-westerly by that creek and Tea Tree Creek to the southern shore of the Rocklands Reservoir, thence generally south-westerly and north-westerly by that shore to the southern end of the Rocklands Dam wall, thence northerly by that wall to the Glenelg River, thence generally westerly, north-easterly and westerly again by that river to the Harrow-Horsham Road, thence northerly along that road for approximately 1.1 kilometres to its intersection with the Coleraine-Edenhope Road, thence north-westerly by that road to its intersection with the Wimmera Highway, thence generally westerly along this Highway through Edenhope to where it intersects with the Victoria-South Australia border, thence southerly along this border to where it intersects with the low water mark at the western end of Discovery Bay, thereby completing the boundary.”.

 

4.6   Description of Area 18:

Omit the description, substitute:

 

Area 18: WATHAURONG ABORIGINAL CO-OPERATIVE LTD.

The boundary commences at the low water mark on Point Nepean, thence in a straight west north-westerly line across the entrance of Port Phillip Bay to the low water mark on Point Lonsdale, thence generally south westerly along the coast to the point, approximately 1.9 kms north east of Lorne, where a suspension foot bridge runs from the coastal fore dune to the Great Ocean Road, thence north across this bridge to the Great Ocean Road, which is then followed south westerly for approximately 120 metres to its junction with the Deans Marsh-Lorne Road, thence generally north-westerly along this road to its junction with the Birregurra-Deans Marsh Road, thence generally westerly northerly and north-westerly along that road to its junction with the Warncourt-Birregurra Road, thence north-westerly along that road to its intersection
with the Princes Highway, thence south-westerly and westerly along that highway to its intersection with the eastern boundary of the City of Colac, thence generally southerly, westerly, northerly and easterly by the boundary of the City of Colac to its intersection with the Geelong-Colac Railway, thence north-easterly by that railway to its intersection with the Colac-Ballarat Road; thence generally northerly by that road to the point where it is intersected by the Buninyong Shire Leigh Shire boundary, thence easterly along this boundary to where it intersects with the Meredith Mt Mercer Road, which is then followed in an easterly direction to Meredith, thence east north easterly along the road between Meredith and Burdiwarrah to its junction with the Geelong Ballan Road at Burdiwarrah, thence south easterly along this road to the “Y” junction with the road to Staughton Vale, which is then followed in a northerly direction to its junction with the Bacchus Marsh-Balliang Road, thence northerly along this road to its junction with the Geelong Bacchus Marsh Road thence northerly along the Geelong Bacchus Marsh Road to where it crosses the Werribee River, thence generally easterly along this river to the western end of the Melton Reservoir, thence generally south easterly along the northern shore of this reservoir to its eastern end, thence continuing south-easterly along the Werribee River to the southern point of its mouth on the western coast of Port Phillip Bay, thence in a straight south south westerly line to the low-water mark on the south-west tip of the northern island of the Mud Island group, thence in a straight west-south-westerly line to the low-water mark on Point Nepean thereby completing the boundary.
”.

 

4.7   Description of Area 20:

Omit “The boundary commences”, substitute:

 

With the inclusion of the Coranderrk Aboriginal Cemetery, being situated approximately 3 kilometres south of Healesville at Grid Reference CU 681276 in the Parish of Gracedale, containing 2656 square metres and being shown hatched and cross-hatched in Schedule 2 to the Aboriginal Lands Act 1991, and with the inclusion also of the former Army School of Health, being situated approximately 2 kilometres south of Healesville at Grid Reference CU 695287 and being Crown Allotments 119A, 121, 123 and part of Crown Allotments 120 and 122, Parish of Gracedale, being more particularly described as the balance of land contained in Certificate of Title Volume 7754 Folio 178, the boundary of the Council’s area commences”.

 

____________________________________________________________

NOTES

 

1.      Notified in the Commonwealth of Australia Gazette on 14 May 1992.

 

2.      Statutory Rules 1984 No. 176 as amended by 1985 No. 40; 1986 No. 344; 1987 No. 153; 1989 No. 420; 1991 No. 231.