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


LAND ADMINISTRATION (SOUTH WEST NATIVE TITLE SETTLEMENT) BILL 2015

                     Western Australia


 


 

and Administration (South West Native Title Settlement) Bill 2015 Contents Part 1 -- Preliminary matters 1. Short title 4 2. Commencement 4 3. Terms used 4 4. Notes not part of Act 6 5. Purposes 6 6. Act binds Crown 6 7. Government Agreements Act 1979 does not apply 6 Part 2 -- General matters relating to LAA 8. Functions and powers of Minister for Lands 8 9. Relationship with LAA 8 Part 3 -- Land Base Strategy 10. Power of Minister for Lands to implement Land Base Strategy 9 11. Exemption from transfer duty 9 12. Compensation for revocation of management order 9 Part 4 -- Land access licences Division 1 -- Grant and terms of licences 13. Grant of licence 10 14. Terms and conditions of licence 10 15. Amendment of licence 10 16. Suspension or termination of licence 10 168--1 page i Land Administration (South West Native Title Settlement) Bill 2015 Contents Division 2 -- Legal effect of licences 17. Approval for co-existence of certain rights not required 11 18. Effect of licence on unallocated Crown land 11 19. Effect of licence on creation of other interests 11 20. Application of Property Law Act 1969 11 Division 3 -- Parliamentary scrutiny of licence amendments 21. Tabling and disallowance of licence amendment 11 Division 4 -- Liability of State in respect of licences 22. Acts or activities of Crown 12 23. Entry and use of Licence Area 12 24. Occupier in relation to Licence Area 12 25. Foreseeability of risk 12 Part 5 -- Miscellaneous matters 26. Regulations 13 Part 6 -- Land Administration Act 1997 amended 27. Act amended 14 28. Section 91 amended 14 Defined terms page ii Western Australia LEGISLATIVE ASSEMBLY Land Administration (South West Native Title Settlement) Bill 2015 A Bill for An Act -- • to provide for the conveyance of freehold title, the creation of reserves and the making of management orders in respect of reserves, and the grant of leasehold interests, for the benefit of the Noongar people; and • to provide for licences to enable the Noongar people to access, and carry out activities for Aboriginal Customary Purposes, on certain unallocated Crown land and unmanaged reserves, and for related purposes. page 1 Land Administration (South West Native Title Settlement) Bill 2015 Preamble 1 Preamble 2 1. The State has entered into agreements with the Noongar people for 3 the settlement of all claims by the Noongar people in pending and 4 future applications under the Native Title Act 1993 5 (Commonwealth) for the determination of native title and for 6 compensation payable for acts affecting that native title. 7 2. In exchange for compensation in the form of the payment and 8 provision by the State of benefits under the agreements, the 9 Noongar people consent -- 10 (a) to surrender any native title rights and interests that exist 11 in relation to the areas of the State to which the 12 agreements relate; and 13 (b) to the validation of all acts that, historically, may have 14 been done invalidly in relation to those areas. 15 3. The compensation under the agreements also compensates the 16 Noongar people for the loss, surrender, diminution, impairment and 17 other effects on their native title rights and interests of all acts that 18 have been done in relation to those areas. 19 4. The benefits to be provided by the State under the agreements 20 include -- 21 (a) the allocation of freehold land, leasehold land and reserved 22 land to be held on trust for the benefit of the Noongar 23 people; and 24 (b) the grant of licences to enable the Noongar people to 25 access, and carry out activities for Aboriginal Customary 26 Purposes on, certain unallocated Crown land and 27 unmanaged reserves. page 2 Land Administration (South West Native Title Settlement) Bill 2015 Preamble 1 5. It is appropriate for the Parliament to legislate to enable the State to 2 carry out its obligations under the agreements in relation to the 3 provision of the benefits referred to in clause 4(a) and (b). The Parliament of Western Australia enacts as follows: page 3 Land Administration (South West Native Title Settlement) Bill 2015 Part 1 Preliminary matters s. 1 1 Part 1 -- Preliminary matters 2 1. Short title 3 This is the Land Administration (South West Native Title 4 Settlement) Act 2015. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) sections 1 and 2 -- on the day on which this Act 8 receives the Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation. 10 3. Terms used 11 In this Act, unless the contrary intention appears -- 12 Aboriginal Customary Purpose has the meaning given in the 13 settlement terms Annexure O clause 1.1; 14 Crown land has the meaning given in the LAA section 3(1); 15 LAA means the Land Administration Act 1997; 16 land access licence means a licence in force under the LAA 17 section 91 because of the operation of Part 4; 18 Land Base Strategy has the meaning given in the settlement 19 terms clause 1.3; 20 Land Sub has the meaning given in the settlement terms 21 clause 1.3; 22 licence amendment means an amendment to a land access 23 licence other than an amendment to the Licence Area because of 24 the settlement terms Annexure O clause 2.3, 2.4, 2.5 or 2.8; 25 Licence Area has the meaning given in the settlement terms 26 Annexure O clause 1.1; 27 Licensee has the same meaning as in the settlement terms 28 Annexure O; page 4 Land Administration (South West Native Title Settlement) Bill 2015 Preliminary matters Part 1 s. 3 1 Licensee's Agents has the meaning given in the settlement 2 terms Annexure O clause 1.1; 3 Licensee's Members has the meaning given in the settlement 4 terms Annexure O clause 1.1; 5 management order means an order made under the LAA 6 section 46(1) placing the care, control and management of a 7 reserve with the Land Sub; 8 Minister for Lands means the Minister as defined in the LAA 9 section 3(1); 10 Noongar Land Estate has the meaning given in the settlement 11 terms clause 1.3; 12 Regional Corporation means a Regional Corporation appointed 13 under the Trust Deed clause 4 and includes a replacement 14 Regional Corporation appointed under that clause; 15 reserve has the meaning given in the LAA section 3(1); 16 settlement ILUA means any of the following indigenous land 17 use agreements under the Native Title Act 1993 18 (Commonwealth) section 24CA executed by the State on 19 8 June 2015 as in force from time to time for as long as the 20 agreement continues in force -- 21 (a) Ballardong People Indigenous Land Use Agreement; 22 (b) Gnaala Karla Booja Indigenous Land Use Agreement; 23 (c) South West Boojarah #2 Indigenous Land Use 24 Agreement; 25 (d) Wagyl Kaip & Southern Noongar Indigenous Land Use 26 Agreement; 27 (e) Whadjuk People Indigenous Land Use Agreement; 28 (f) Yued Indigenous Land Use Agreement; 29 Note for this definition: 30 Clause 17 of each settlement ILUA provides for the publication of the 31 settlement ILUA as executed, and any variations to it, on the 32 Agreements, Treaties and Negotiated Settlements database (ATNS) at 33 www.atns.net.au and on relevant State and Government Party 34 websites. page 5 Land Administration (South West Native Title Settlement) Bill 2015 Part 1 Preliminary matters s. 4 1 settlement terms means the document entitled "South West 2 Settlement Terms" that is set out in Schedule 10 to a settlement 3 ILUA; 4 Trust has the meaning given in the settlement terms clause 1.3; 5 Trust Deed has the meaning given in the settlement terms 6 clause 1.3; 7 unallocated Crown land has the meaning given in the LAA 8 section 3(1); 9 unmanaged reserve has the meaning given in the LAA 10 section 3(1). 11 4. Notes not part of Act 12 A note set out at the foot of a provision of this Act is provided 13 to assist understanding and does not form part of this Act. 14 5. Purposes 15 The purposes of this Act are -- 16 (a) to provide for the implementation of the Land Base 17 Strategy for the purpose of establishing the Noongar 18 Land Estate in accordance with the settlement terms; 19 and 20 (b) to provide for land access licences in accordance with 21 the settlement terms. 22 6. Act binds Crown 23 This Act binds the State and, so far as the legislative power of 24 the State permits, the Crown in all its other capacities. 25 7. Government Agreements Act 1979 does not apply 26 The Government Agreements Act 1979 does not apply to or in 27 relation to any of the following regardless of whether the 28 administration of this Act is for the time being committed by the page 6 Land Administration (South West Native Title Settlement) Bill 2015 Preliminary matters Part 1 s. 7 1 Governor to, or approved by the Governor to be placed under 2 the control of, the Minister administering that Act -- 3 (a) a settlement ILUA; 4 (b) any variation of a settlement ILUA; 5 (c) any document, instrument or other thing made, 6 executed, issued or obtained for the purposes of a 7 settlement ILUA or the implementation of a settlement 8 ILUA. page 7 Land Administration (South West Native Title Settlement) Bill 2015 Part 2 General matters relating to LAA s. 8 1 Part 2 -- General matters relating to LAA 2 8. Functions and powers of Minister for Lands 3 (1) The Minister for Lands has all the functions and powers 4 necessary or convenient for the purposes of this Act. 5 (2) Subsection (1) is not limited by Part 3 or 4. 6 9. Relationship with LAA 7 (1) If there is an inconsistency between this Act and the LAA, this 8 Act prevails to the extent of the inconsistency. 9 (2) Without limiting subsection (1), the Land Administration 10 Regulations 1998 regulations 4 and 12 do not apply in relation 11 to any conveyance or transfer of the fee simple in Crown land 12 for the purposes of implementing the Land Base Strategy. page 8 Land Administration (South West Native Title Settlement) Bill 2015 Land Base Strategy Part 3 s. 10 1 Part 3 -- Land Base Strategy 2 10. Power of Minister for Lands to implement Land Base 3 Strategy 4 (1) The Minister for Lands may, on behalf of the State, do anything 5 that is necessary or convenient to be done for the purposes of 6 implementing the Land Base Strategy. 7 (2) Subsection (1) applies in respect of the doing of a thing even if 8 the LAA does not expressly or impliedly authorise the doing of 9 the thing or that the LAA expressly or impliedly prohibits the 10 doing of the thing. 11 (3) In this section, a reference to the doing of a thing includes a 12 reference to an omission to do a thing. 13 11. Exemption from transfer duty 14 Transfer duty is not payable under the Duties Act 2008 15 Chapter 2 in respect of any transfer or lease of land in 16 accordance with the Land Base Strategy to the Trust or the Land 17 Sub. 18 12. Compensation for revocation of management order 19 (1) This section applies if a management order is revoked in the 20 circumstances described in the Land Base Strategy clause 4(b). 21 (2) The provision of alternative reserve land or compensation in 22 accordance with the Land Base Strategy clause 4(b) is in 23 addition to any compensation payable under the LAA 24 section 50(3) or 204(1) in respect of the revocation. 25 (3) The LAA section 204(2) does not apply in respect of the 26 revocation. page 9 Land Administration (South West Native Title Settlement) Bill 2015 Part 4 Land access licences Division 1 Grant and terms of licences s. 13 1 Part 4 -- Land access licences 2 Division 1 -- Grant and terms of licences 3 13. Grant of licence 4 (1) The Minister for Lands must grant to a Regional Corporation a 5 licence in accordance with the settlement terms clause 13.1(b) 6 or (d). 7 (2) The LAA section 48(1) does not apply in respect of the grant of 8 a licence under subsection (1). 9 (3) A licence granted under subsection (1) is to be taken to be a 10 licence granted under the LAA section 91(1). 11 14. Terms and conditions of licence 12 (1) The terms and conditions of a land access licence are the terms 13 and conditions set out in the settlement terms Annexure O and 14 includes those terms and conditions as amended from time to 15 time under section 15(1). 16 (2) The LAA section 91(2)(a) to (c) do not apply in respect of a 17 land access licence. 18 15. Amendment of licence 19 (1) A land access licence can only be amended in accordance with 20 the settlement terms. 21 (2) The LAA section 91(2)(d) does not apply in respect of a land 22 access licence. 23 16. Suspension or termination of licence 24 (1) A land access licence can only be suspended or terminated in 25 accordance with its terms and conditions. 26 (2) The LAA section 91(3) does not apply in respect of a land 27 access licence. page 10 Land Administration (South West Native Title Settlement) Bill 2015 Land access licences Part 4 Legal effect of licence Division 2 s. 17 1 Division 2 -- Legal effect of licences 2 17. Approval for co-existence of certain rights not required 3 (1) The LAA does not prevent the simultaneous existence on the 4 same area of Crown land of a land access licence and another 5 right referred to in the LAA section 91(5). 6 (2) For the purposes of subsection (1) an approval referred to in the 7 LAA section 91(5) is not required. 8 18. Effect of licence on unallocated Crown land 9 Land does not cease to be unallocated Crown land because of 10 the existence of a land access licence in respect of the land. 11 19. Effect of licence on creation of other interests 12 The creation, grant or exercise under any written law of an 13 interest, right, title or power in respect of land is not affected by 14 the existence, at the time of the creation, grant or exercise, of a 15 land access licence in respect of the land. 16 20. Application of Property Law Act 1969 17 A land access licence is not property for the purposes of the 18 Property Law Act 1969. 19 Division 3 -- Parliamentary scrutiny of licence amendments 20 21. Tabling and disallowance of licence amendment 21 (1) The Minister for Lands must cause a licence amendment to be 22 laid before each House of Parliament within 12 sitting days of 23 the House after the day on which the licence amendment takes 24 effect. 25 (2) The Interpretation Act 1984 section 42(2) and (3) apply in 26 relation to a licence amendment as if it were a regulation. page 11 Land Administration (South West Native Title Settlement) Bill 2015 Part 4 Land access licences Division 4 Liability of State in respect of licences s. 22 1 (3) If a licence amendment is disallowed under this section or is not 2 laid before both Houses of Parliament in compliance with this 3 section, the relevant land access licence as it was in effect 4 immediately before the licence amendment came into effect 5 revives on and after the day of disallowance or the day 6 following the last day for compliance. 7 (4) The Minister for Lands must, as soon as is practicable, notify 8 the holder of the relevant land use licence if a licence 9 amendment is disallowed under this section or is not laid before 10 both Houses of Parliament in compliance with this section. 11 Division 4 -- Liability of State in respect of licences 12 22. Acts or activities of Crown 13 Nothing done under this Part, or under a land access licence, is 14 to be taken to be an act of the Crown or an activity undertaken 15 by the Crown for the purposes of the LAA section 264(2)(a). 16 23. Entry and use of Licence Area 17 A Licensee under a land access licence, the Licensee's 18 Members and the Licensee's Agents enter and use the Licence 19 Area under the land access licence entirely at their own risk. 20 24. Occupier in relation to Licence Area 21 Nothing done under this Part is to be taken into account in 22 determining (whether under the Occupiers' Liability Act 1985, 23 under the common law or otherwise) if the Crown is an occupier 24 of a Licence Area. 25 25. Foreseeability of risk 26 Nothing done under this Part is to be taken into account in 27 determining, for the purposes the Civil Liability Act 2002 28 section 5B(1)(a), if a risk was foreseeable. page 12 Land Administration (South West Native Title Settlement) Bill 2015 Miscellaneous matters Part 5 s. 26 1 Part 5 -- Miscellaneous matters 2 26. Regulations 3 The Governor may make regulations prescribing matters -- 4 (a) required or permitted to be prescribed by this Act; or 5 (b) necessary or convenient to be prescribed for giving 6 effect to this Act. page 13 Land Administration (South West Native Title Settlement) Bill 2015 Part 6 Land Administration Act 1997 amended s. 27 1 Part 6 -- Land Administration Act 1997 amended 2 27. Act amended 3 This Part amends the Land Administration Act 1997. 4 28. Section 91 amended 5 After section 91(6) insert: 6 7 (7) The operation of this section is affected by the Land 8 Administration (South West Native Title Settlement) 9 Act 2015 Part 4. 10 11 page 14 Land Administration (South West Native Title Settlement) Bill 2015 Defined terms Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) Aboriginal Customary Purpose ............................................................................. 3 Crown land............................................................................................................ 3

 


 

AA ...................................................................................................................... 3 land access licence ................................................................................................ 3

 


 

and Base Strategy ............................................................................................... 3

 


 

and Sub ............................................................................................................... 3 licence amendment ............................................................................................... 3

 


 

icence Area ......................................................................................................... 3

 


 

icensee ................................................................................................................ 3

 


 

icensee's Agents ................................................................................................. 3

 


 

icensee's Members ............................................................................................. 3 management order................................................................................................. 3 Minister for Lands ................................................................................................ 3 Noongar Land Estate ............................................................................................ 3 Regional Corporation ............................................................................................ 3 reserve ................................................................................................................... 3 settlement ILUA ................................................................................................... 3 settlement terms .................................................................................................... 3 Trust ...................................................................................................................... 3 Trust Deed ............................................................................................................ 3 unallocated Crown land ........................................................................................ 3 unmanaged reserve ............................................................................................... 3

 


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