Aboriginal Land Rights (Northern Territory) Amendment (Leases) Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 23 March 2017

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Nigel Scullion

Minister for Indigenous Affairs

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Aboriginal Land Rights (Northern Territory) Regulations 2007

1  Name

  This instrument is the Aboriginal Land Rights (Northern Territory) Amendment (Leases) Regulations 2017.

2  Commencement

 (1) Each provision of this instrument 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.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Aboriginal Land Rights (Northern Territory) Act 1976.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Aboriginal Land Rights (Northern Territory) Regulations 2007

1  At the end of subregulation 5(1)

Add:

Note: The area is known as Wurrumiyanga.

2  After regulation 6

Insert:

6AA  Township area vested in the Arnhem Land Aboriginal Land Trust (Act s 3AB(3))

 (1) For the purposes of subsection 3AB(3) of the Act, the area of land mentioned in subregulation (2) is prescribed in relation to the Arnhem Land Aboriginal Land Trust.

Note: The area is known as Gunyangara.

 (2) The land is the parcel of land in the Northern Territory with an area of 376.2 hectares, more or less, being Northern Territory Portion 7560(A), delineated on Survey Plan S2016/039 lodged with the Northern Territory Surveyor‑General in Darwin.

3  After regulation 6A

Insert:

7  Functions of the Executive Director (Act s 20C)

 (1) For the purposes of paragraph 20C(c) of the Act, the Executive Director has the functions prescribed by this regulation if:

 (a) a Land Trust has granted, or is considering granting, a lease (the main interest) to a Commonwealth entity under section 19A of the Act; or

 (b) the Executive Director has transferred, or is considering transferring, a sublease (the main interest) to an Aboriginal and Torres Strait Islander corporation under subsection 20CB(1) of the Act.

 (2) The Executive Director may, on behalf of the Commonwealth, enter into an agreement with the entity or corporation under which the Executive Director will provide to the entity or corporation services related to administering:

 (a) the main interest; or

 (b) a sublease or other right or interest derived from the main interest.

 (3) The Executive Director must provide the services in accordance with the agreement.

 (4) The agreement may provide for the payment of fees to the Commonwealth for the provision of the services by the Executive Director.

 (5) A fee provided for by the agreement must not be such as to amount to taxation.