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This is a Bill, not an Act. For current law, see the Acts databases.


ABORIGINAL LAND AMENDMENT (INTER-TIDAL WATERS) BILL 2008

Serial 19
Aboriginal Land Amendment (Inter-tidal Waters) Bill 2008
Mr Westra van Holthe






A Bill for an Act to amend the Aboriginal Land Act









NORTHERN TERRITORY OF AUSTRALIA

ABORIGINAL LAND AMENDMENT (INTER-TIDAL WATERS) ACT 2008

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Act No. [ ] of 2008

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TABLE OF PROVISIONS

7A General exemptions for inter-tidal waters





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NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2008

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An Act to amend the Aboriginal Land Act

[Assented to [ ] 2008]

[Second reading [ ] 2008]

The Legislative Assembly of the Northern Territory enacts as follows:

1 Short title

This Act may be cited as the Aboriginal Land Amendment (Inter-tidal Waters) Act 2008.

2 Act amended

This Act amends the Aboriginal Land Act.

3 New section 7A

After section 7

insert

7A General exemptions for inter-tidal waters

(1) An appropriate authority may grant a general exemption in relation to waters situated between the high water mark and the low water mark on Aboriginal land (the relevant inter-tidal waters).

(2) A general exemption:

(a) must identify the relevant inter-tidal waters to which it relates; and

(b) may be granted in favour of the public generally or a class of persons defined in the instrument of exemption; and

(c) may be subject to conditions stated in the instrument of exemption.

(3) A general exemption takes effect on publication of the instrument of exemption by Gazette notice.

(4) A person who contravenes a condition of a general exemption is guilty of an offence.

Maximum penalty: $1 000.

(5) In this section:

appropriate authority, in relation to inter-tidal waters over Aboriginal land, means either of the following:

(a) the Land Council for the area in which the Aboriginal land is situated;

(b) the Aboriginal traditional owners for the Aboriginal land under the waters.

general exemption means an exemption under this section from the requirement to hold a permit under this Part to enter and remain on Aboriginal land.

 


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