The purpose of this Act is to give Indigenous landowners and community members localised decision making powers regarding their land. It also enables Indigenous communities to greater capitalise on economic development opportunities.
The Act makes amendments to the Aboriginal Land Rights Act 1976 (Cth). The first amendment is a provision allowing the Executive Director of Township Leasing to hold a sublease of a parcel of Aboriginal land. The Executive Director may transfer this sublease to Aboriginal and Torres Strait Islander corporations and vice versa. The Act also allows the Minister to direct funds from the Aboriginal Benefit Account toward acquisition and administration of subleases held by Aboriginal Corporations, or toward transfer of subleases back to the Executive Director.
Secondly, the Act allows for greater delegation of functions and power of Land Councils to Aboriginal and Torres Strait Islander Corporations. The Act also removes the Minister’s ability to override a Land Council decision not to delegate powers or functions, and restrictions placed upon Land Councils exercising their functions or powers once delegated.
The Act also allows for the Minister for Indigenous Affairs to vary Land Council areas at the written request of the relevant Land Councils. Lastly, the bill adds parcels of land in the Wickham River area, in the Simpson Desert, and in Vernon Islands to Schedule 1 of the Land Rights Act. This will enable these parcels of land to be granted as Aboriginal land to the relevant Aboriginal Land Trusts.
The Act also provides certainty of tenure in Mutitjulu; this will allow the community of Mutitjulu to take advantage of the unique economic development opportunities offered by its location in close proximity to two of Australia's most visited World Heritage sites, Uluru and Kata Tjuta.
For more information please see the Second Reading Speech or the Explanatory Memorandum.
Relevant provisions:
s 20CB Transfer of subleases
(1) If the Executive Director holds a sublease of some or all of a parcel of Aboriginal land on behalf of the Commonwealth, the Executive Director may, on behalf of the Commonwealth, transfer the sublease to an Aboriginal and Torres Strait Islander corporation, so long as the transfer is in accordance with the terms and conditions of the sublease.
(2) If:
(a) an Aboriginal and Torres Strait Islander corporation holds a sublease of some or all of a parcel of Aboriginal land; and
(b) the sublease was transferred to the Aboriginal and Torres Strait Islander corporation under subsection (1);
the Executive Director may, on behalf of the Commonwealth, acquire the sublease by way of transfer from the Aboriginal and Torres Strait Islander corporation, so long as the transfer is in accordance with the terms and conditions of the sublease.
s 21E Variation of boundaries
Request
(1) Two Land Councils may, by joint written notice given to the Minister, request the Minister to vary the boundaries of the areas of the Councils, so that a specified area:
(a) ceases to be part of the area of one of those Councils; and
(b) becomes part of the area of the other Council.
(2) A Land Council must not make a request under subsection (1) unless the Council is satisfied that:
(a) the traditional Aboriginal owners (if any) of the land in the specified area understand the nature and purpose of the proposed variation and, as a group, consent to it; and
(b) any Aboriginal community or group that may be affected by the proposed variation has been consulted and has had adequate opportunity to express its view to the Council.
Variation
(3) If the Minister receives a request under subsection (1), the Minister may, by writing, vary the boundaries of the areas of the Land Councils in accordance with the request.
Publication
(4) The Minister must publish an instrument under subsection (3) in the Gazette.
Notice not a legislative instrument
(5) An instrument under subsection (3) is not a legislative instrument.