Federal Register of Legislation - Australian Government

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SLI 2008 No. 264 Regulations as made
These Regulations amend the Aboriginal Land Rights (Northern Territory) Regulations 2007 to enable the registration of land which is the subject of a lease granted under the Aboriginal Land Rights (Northern Territory) Act 1976 without having to comply with certain planning laws of the Northern Territory. They also provide for rent payments made by the Australian Government to Aboriginal Land Trusts or other bodies to be within the legislative provisions for accountability of funds.
Administered by: Families, Housing, Community Services and Indigenous Affairs
Exempt from sunsetting by the Legislative Instruments Regulations 2004 Sch 3 item 1
Registered 17 Dec 2008
Tabling HistoryDate
Tabled HR03-Feb-2009
Tabled Senate03-Feb-2009
Date of repeal 19 Mar 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014

Aboriginal Land Rights (Northern Territory) Amendment Regulations 2008 (No. 2)1

Select Legislative Instrument 2008 No. 264

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Aboriginal Land Rights (Northern Territory) Act 1976.

Dated 12 December 2008

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

JENNY MACKLIN


1              Name of Regulations

                These Regulations are the Aboriginal Land Rights (Northern Territory) Amendment Regulations 2008 (No. 2).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Aboriginal Land Rights (Northern Territory) Regulations 2007

                Schedule 1 amends the Aboriginal Land Rights (Northern Territory) Regulations 2007.


Schedule 1        Amendments

(regulation 3)

 

[1]           After regulation 6

insert

6A           Northern Territory laws not to apply to certain subdivisions of land (Act ss 19E and 20SB)

                For sections 19E and 20SB of the Act, Part 5 of the Planning Act (NT) and subsection 52 (10) of the Land Title Act (NT) do not apply to:

                (a)    a plan of survey for the subdivision of land that:

                          (i)    is limited to formalising land title arrangements for land on which buildings or physical infrastructure has been erected on or after the date of commencement of a lease to the Commonwealth mentioned in section 19E or 20SB of the Act; and

                         (ii)    is lodged with the Surveyor-General for the Northern Territory within 3 years of the commencement date of the lease; and

               (b)    a sublease by the Commonwealth of a parcel of land specified in the plan of survey, to a person or entity.

[2]           Regulation 9

substitute

9              Kind of payment that is an accountable amount (Act s 35 (4A))

                For paragraph 35 (4A) (c) of the Act, the kinds of payments are:

                (a)    a payment made:

                          (i)    in respect of Aboriginal land; and

                         (ii)    by the Director under a lease of the land to the Director; and

                         (iii)    under a lease that was entered into in accordance with an agreement made under subsection 12 (2B) or (2C) of the Act; and

               (b)    an amount paid under subsection 62 (1G) or (5) of the Northern Territory National Emergency Response Act 2007 in relation to Aboriginal land.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.