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Aboriginal Land Rights (Northern Territory)
Amendment (Delegation) Regulation 2013 [F2013L02122]
Portfolio:
Prime Minister and Cabinet
Authorising
legislation: Aboriginal Land Rights (Northern Territory) Act 1976
Last day to
disallow: The instrument was disallowed in full on 20 March 2014
Purpose
2.11 The Aboriginal Land Rights (Northern Territory) Amendment (Delegation)
Regulation 2013 (the regulation) amends the Aboriginal Land Rights (Northern
Territory) Regulations 2007 to prescribe certain requirements and time periods
in relation to an application by an Aboriginal and Torres Strait Islander
corporation for a delegation of Land Council functions or powers.
2.12
The explanatory statement accompanying the regulation clarifies that
subsection 28A(1) of the Aboriginal Land Rights (Northern Territory) Act
1976 provides that an Aboriginal and Torres Strait Islander corporation may
apply to a Land Council for a delegation of certain Land Council functions or
powers. This provision was inserted by the Aboriginal Land Rights (Northern
Territory) Amendment Act 2006 with the objective of enabling Northern
Territory Aboriginal people to have more control over development decisions by
allowing for the devolution of decision-making to local Aboriginal communities.
Background
2.13
The committee reported on the regulation its Second Report of the
44th Parliament.
2.14
The committee deferred detailed consideration of this regulation while
it considered its proposed 12 month review of the human rights compatibility of
the Stronger Futures in the Northern Territory Act 2012 and related
legislation.
2.15
The committee notes that this instrument was disallowed in full by the
Senate on 20 March 2014.
Committee view on compatibility
Right to equality and
non-discrimination
Special measures
2.16
The committee drew the Minister for Indigenous Affairs' attention to its
comments in relation to 'special measures' in its Eleventh Report of 2013:
Stronger Futures in the Northern Territory Act 2012 and related legislation.
2.17
The committee sought clarification from the Minister for Indigenous
Affairs in relation to the categorisation of the Aboriginal Land Rights
(Northern Territory) Amendment Act 2006 and related regulations, including
this regulation, as a special measure in light of the committee's comments in
its Eleventh Report of 2013.
Minister's response
The Regulation and the Aboriginal Land Rights (Northern
Territory) Act 1976 (the Land Rights Act) do give effect to traditional
Indigenous land rights.
While the scheme provides traditional land rights benefits to
individuals and groups based on race, there are objective and reasonable
justifications for this differential treatment.
In relation to the specific matters contained in the
Regulation, differential treatment is justified because:
- The Regulation will create a more
certain pathway for Aboriginal and Torres Strait Islander corporations to seek
a delegation of Land Council functions or powers;
- The Regulation will assist in
enabling Northern Territory Aboriginal people to have more control over their
traditional lands by allowing for the devolution of certain decision-making to
them and their communities;
- The Regulation will promote effective
self-determination and decision-making by relevant Aboriginal people over
matters that materially affect them, such as land development, land use and
leasing; and
- The Regulation necessarily
involves differential treatment because the Land Rights Act is a scheme
designed to give effect to traditional Indigenous land rights in the Northern
Territory.[1]
Committee response
2.18
The committee thanks the Minister for Indigenous Affairs for his
response and has concluded its examination of this instrument.
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