ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I-PRELIMINARYSection 1. Short title 2. Interpretation 3. Act to bind Crown PART II-ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF COUNCIL 4. Establishment of Council 5. Constitution of Council 6. Functions of Council 7. Powers of Council PART III-GRANT OF LAND TO COUNCIL 8. Initial grant of land 9. Later grants of land 10. Vesting of land 11. Registration of vesting 12. Buildings, &c., vest automatically 13. Occupation by Commonwealth, &c. 14. Reservation of minerals PART IV-ADMINISTRATION OF COUNCIL Division 1-Registrar of Council 15. Registrar of Council 16. Delegation by Registrar Division 2-Register of members of Council 17. Register 18. Variation of Register 19. Particulars on Register, &c. Division 3-Meetings of Council 20. First annual general meeting 21. Convening of subsequent annual general meetings 22. Purpose of annual general meetings 23. Convening of special general meetings 24. Purpose of special general meetings 25. Procedure at general meetings 26. Voting on motions at general meetings Division 4-Executive committee 27. Officers 28. Executive committee 29. Executive members 30. Election of executive members 31. Deputy Chairperson to act as Chairperson 32. Resignation 33. Removal of executive members 34. Meetings of executive committee Division 5-Miscellaneous 35. Committees 36. Delegation PART V-DEALINGS WITH ABORIGINAL LAND 37. Interpretation 38. Dealings in Aboriginal Land by Council 39. Surrender of Aboriginal Land 40. Rights of existing occupiers 41. Dealings in land leased from Council 42. Devise of interest in Aboriginal Land, &c. PART VI-MISCELLANEOUS 43. Laws relating to mining 44. Mining operations 45. Exemption from rates, &c. 46. Application of laws of Territory to Aboriginal Land 47. Protection of environment 48. Significant sites 49. Public access 50. Registrar may inquire into grievances 51. Financial records 52. Annual statements 53. Regulations PART VII-AMENDMENT OF JERVIS BAY TERRITORY ACCEPTANCE ACT 1915 54. Principal Act 55. Repeal of section 5 and insertion of new section- 5. Disposal of Crown Lands SCHEDULE ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - LONG TITLE
An Act to grant land in the Jervis Bay Territory to the Wreck Bay Aboriginal Community, and for other purposes ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - PART I PART I-PRELIMINARY

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ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 1 Short title
(Assented to 18 December 1986) (Date of commencement 15 January 1987) 1. This Act may be cited as the Aboriginal Land Grant (Jervis Bay Territory) Act 1986. (Minister's second reading speech made in- House of Representatives on 29 May 1986 Senate on 13 June 1986) ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 2 Interpretation
2. (1) In this Act, unless the contrary intention appears- "Aboriginal" means a person who is a member of the Aboriginal race of Australia; "Aboriginal Land" means land that is Aboriginal Land because of a declaration under Part III; "annual general meeting" means a meeting of the Council convened under section 20 or 21; "Authority" means an Authority established by or under a law of the Commonwealth or a law in force in the Territory; "Chairperson" means the Chairperson of the Council; "Community" means the community known as the Wreck Bay Aboriginal Community; "Council" means the Wreck Bay Aboriginal Community Council established by section 4; "Deputy Chairperson" means the Deputy Chairperson of the Council; "executive committee" means the committee established by section 28; "executive member" means a member of the executive committee and includes the Chairperson, the Deputy Chairperson and the Secretary; "general meeting" means- (a) an annual general meeting; or (b) a special general meeting; "minerals" includes- (a) gold, silver, copper, tin and other metals; (b) coal, shale, petroleum and valuable earths and substances; (c) mineral substances; (d) gems and precious stones; and (e) ores and other substances containing minerals, whether suspended in water or not, but does not include water; "Register" means the register kept in accordance with Division 2 of Part IV; "registered member" means a person whose name is on the Register; "Registrar" means the Registrar of the Wreck Bay Aboriginal Community Council; "Schedule Land" means the land described in the Schedule; "Secretary" means the Secretary of the Council; "special general meeting" means a meeting of the Council convened under section 23; "Territory" means the Jervis Bay Territory. (2) For the purposes of this Act- (a) the Chairperson may be referred to as the Chairman or the Chairwoman, as the case requires; and (b) the Deputy Chairperson may be referred to as the Deputy Chairman or the Deputy Chairwoman, as the case requires. ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 3 Act to bind Crown
3. (1) This Act binds the Crown in right of the Commonwealth.
(2) Nothing in this Act renders the Crown in right of the Commonwealth liable to be prosecuted for an offence.
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - PART II PART II-ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF COUNCIL
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 4 Establishment of Council
4. (1) There is established by this Act a council by the name of the Wreck Bay Aboriginal Community Council.
(2) The Council- (a) is a body corporate with perpetual succession; (b) shall have a common seal; and (c) may sue and be sued in its corporate name. (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Council appearing on a document and shall presume that the document was duly sealed.
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT
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5 Constitution of Council
5. The Council at any time shall consist of the persons who are registered members at that time.
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 6 Functions of Council
6. The functions of the Council are, subject to and in accordance with this Act- (a) to hold title to Aboriginal Land; (b) to exercise, for the benefit of the members of the Community, the Council's powers as owner of Aboriginal Land and of any other land owned by the Council; (c) to make representations to the Minister in relation to land that the Council considers should become Aboriginal Land and in relation to other matters relevant to this Act; (d) such functions as are conferred on it by a provision of this Act (other than this section); and (e) any functions relating to the Community conferred on the Council by the regulations. ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 7 Powers of Council
7. (1) In addition to any other powers conferred on it by this Act, the Council has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2) Without limiting the generality of sub-section (1), the powers of the Council referred to in sub-section (1) include, subject to this Act, power- (a) to acquire, hold or dispose of real and personal property; (b) to enter into contracts for the purposes of this Act; and (c) to employ staff. (3) The Council shall not, except with the approval of the Minister, enter into a contract involving the payment by the Council of an amount exceeding $1,000, or, if a higher amount is prescribed, that amount.
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - PART III PART III-GRANT OF LAND TO COUNCIL
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 8 Initial grant of land
8. (1) As soon as practicable after the first annual general meeting, the Minister- (a) shall sign an instrument that declares that, at the time at which a copy of the instrument is given to the Chairperson, the Schedule Land shall become Aboriginal Land; and (b) shall give a copy of the instrument, or cause a copy of the instrument to be given, to the Chairperson. (2) At the time at which the instrument referred to in sub-section (1) is given to the Chairperson in accordance with paragraph (1) (b), the Schedule Land becomes Aboriginal Land. (3) As soon as practicable after the Minister has complied with sub-section (1), the Minister shall cause to be published in the Gazette a notice stating that the Schedule Land has become Aboriginal Land. (4) Any failure to comply with the requirements of sub-section (3) does not affect the operation of sub-section (1). ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 9 Later grants of land
9. (1) Where, at any time after the Schedule Land has become Aboriginal Land, the Minister becomes satisfied that- (a) vacant Crown land in the Territory that adjoins Aboriginal Land is of significance to the Aboriginals who are members of the Community; and (b) it would be appropriate to grant the first-mentioned land to the Council, the Minister may, by instrument in writing specifying the first-mentioned land, declare that the first-mentioned land is Aboriginal Land. (2) The Minister shall, as soon as practicable after making an instrument under sub-section (1)- (a) cause a copy of the instrument to be published in the Gazette; and (b) cause a copy of the instrument to be laid before each House of the Parliament. (3) Either House of the Parliament, within 15 sitting days of that House after a copy of an instrument has been laid before that House under sub-section (2), may, in pursuance of a motion upon notice, pass a resolution disallowing the instrument.
(4) Where- (a) a notice referred to in sub-section (3) is given with respect to an instrument; and (b) at the expiration of the period during which a resolution disallowing
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the instrument could have been passed- (i) the notice has not been withdrawn and the relevant motion has not been called on; or (ii) the relevant motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of, the instrument shall be deemed to have been disallowed. (5) If- (a) neither House of the Parliament passes a resolution in accordance with sub-section (3) disallowing an instrument made under sub-section (1); and (b) the instrument has not been deemed to have been disallowed under sub-section (4), the instrument takes effect, and the land specified in the instrument becomes Aboriginal Land, on the day immediately following the last day upon which a resolution disallowing the instrument could have been passed. (6) If, before the expiration of 15 sitting days of a House of the Parliament after a copy of an instrument made under sub-section (1) has been laid before that House- (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and (b) a resolution for the disallowance of the instrument has not been passed by the first-mentioned House, the copy of the instrument shall, for the purposes of this section, be deemed to have been laid before that first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be. (7) Where an instrument made under sub-section (1) takes effect, the Minister shall cause a notice to that effect to be published in the Gazette.
(8) Any failure to comply with the requirements of sub-section (7) does not affect the operation of sub-section (5).
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 10 Vesting of land
10. Where, because of section 8 or 9, land becomes Aboriginal Land, that land (including all rights, title and interests in that land) is vested in the Council without any conveyance, transfer or assignment.
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 11 Registration of vesting
11. Where the Secretary to the Department that deals with the administration of the Territory becomes aware that land (including any right, title or interest in land) has vested in the Council because of section 10, the Secretary to that Department shall cause such action to be taken as he or she considers necessary to register the vesting under the laws in force in the Territory. ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 12 Buildings, &c., vest automatically
12. Subject to section 13, where, because of section 10, land vests in the Council, buildings and improvements on that land vest in the Council. ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 13 Occupation by Commonwealth, &c.
13. (1) Where, on the vesting of land in the Council because of section 10, the land or part of the land is being occupied or used by the Commonwealth or by an Authority, the Commonwealth or the Authority, as the case may be, is entitled to continue that occupation or use for such period as the land or part of the land, as the case may be, is required by the Commonwealth or the Authority.
(2) During the period for which, because of sub-section (1), the Commonwealth or an Authority is entitled to the occupation or use of land, or part of land, vested in the Council, any buildings or improvements on that land, or part of land, as the case may be, shall be deemed to be the property of the Commonwealth or the Authority, as the case may be.
(3) Nothing in this section prevents the granting by the Council under section 38 of a lease of land to which sub-section (1) applies to the Commonwealth or an Authority and, if such a lease is granted, the land ceases to be land to which this section applies.
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 14 Reservation of minerals
14. Where, because of this Part, land vests in the Council, the vesting is subject to the reservation that the right to any minerals existing in their natural condition on or below the surface of the land remains with the Commonwealth.
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - PART IV PART IV-ADMINISTRATION OF COUNCIL
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - DIVISION 1
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Division 1-Registrar of Council
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 15 Registrar of Council
15. (1) There shall be a Registrar of the Wreck Bay Aboriginal Community Council.
(2) The functions of the Registrar are such functions as are conferred on the Registrar by a provision of this Act or by the regulations.
(3) The Registrar shall be a person holding or performing the duties of an office in the Department who is appointed by the Minister in writing.
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 16 Delegation by Registrar
16. (1) The Registrar may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Registrar, delegate to a person holding or performing the duties of an office in the Department, being a person approved by the Secretary to the Department for the purpose, all or any of the functions and powers of the Registrar under this Act, other than this power of delegation.
(2) A function or power so delegated, when performed or exercised by the delegate, shall, for the purposes of this Act, be deemed to have been performed or exercised by the Registrar.
(3) A delegation under sub-section (1) does not prevent the performance of a function or the exercise of a power by the Registrar.
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - DIVISION 2 Division 2-Register of members of Council
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 17 Register
17. (1) There shall be prepared and kept in accordance with this Part a register to be known as the Register of Members of the Wreck Bay Aboriginal Community Council.
(2) As soon as practicable after the commencement of this Act, the Department shall prepare and give to the Registrar a list of the persons who the Department is satisfied are Aboriginals who- (a) resided in the Territory on 24 May 1986; and (b) have attained the age of 18 years. (3) As soon as practicable after the Department has given the Registrar the list referred to in sub-section (2), the Registrar shall prepare the Register and enter on it the names on the list.
(4) After the first annual general meeting, the Register shall be kept by the Secretary.
ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 18 Variation of Register
18. (1) Subject to sub-section (2), where, at a general meeting, a motion that a specified person is an Aboriginal member of the Community is passed in accordance with sub-section 26 (2), the Secretary shall enter the name of that person on the Register.
(2) The Secretary shall not enter the name of a person on the Register in accordance with sub-section (1) unless and until the Secretary is satisfied that the person has attained the age of 18 years.
(3) Where, at a general meeting, a motion that a specified person whose name is on the Register is not an Aboriginal member of the Community is passed in accordance with sub-section 26 (2), the Secretary shall remove the name of that person from the Register.
(4) Where the Secretary becomes satisfied that a person whose name is on the Register- (a) has died; or (b) has not attained the age of 18 years, the Secretary shall remove the name of that person from the Register. ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) ACT 1986 No. 164 of 1986 - SECT 19 Particulars on Register, &c.
19. (1) Where- (a) the Secretary is required by this Part to enter the name of a person on the Register; and (b) the Secretary considers that the name of the person is not sufficient to identify the person, the Secretary shall enter on the Register, next to the name of that person, particulars sufficient to identify the person. (2) Where the name of a person is entered on the Register in accordance with this Part, the Secretary may enter next to that name particulars of the place of living of that person.