[Tasmanian	
	Coat of	
	Arms]	

	TASMANIA	
	_______________	
		
	ABORIGINAL LANDS ACT 1995	
	_______________	
		
	No.  98  of  1995	
	_______________	
		
	TABLE  OF  PROVISIONS	
		
	PART 1	
		
	PRELIMINARY	
		
	1.	Short title	
	2.	Commencement	
	3.	Interpretation	
	4.	Act binds Crown
	
	PART 2	
		
	ABORIGINAL LAND COUNCIL OF TASMANIA	
		
	Division 1 – Establishment and constitution of Council	
		
[Seal]	5.	Establishment of Council	
	6.	Constitution of Council	
		
	Division 2 – Election of Members of Council	
		
	7.	Timing of elections	
	8.	Aboriginal Land Council of Tasmania Electors Roll	
	9.	Who is entitled to be on the Roll	
	10.	Entering of names on the Roll	
	11.	Availability of Roll	
	12.	Conduct of elections	
	13.	Who may vote	
	14.	Who may stand for election	
	15.	Counting of votes	
	16.	Certificate of election	
	17.	Costs of elections	

		[Received from the Clerk of the
		Legislative Council on the
		20th day of November 1995.

		I. Ritchard
		Registrar Supreme Court]	

	Division 3 – Functions and powers of Council	
		
	18.	Functions and powers of Council	
	19.	Review of Council’s decisions	
		
	Division 4 – Staff	
		
	20.	Staff	
		
	Division 5 – Finances of the Council	
		
	21.	Aboriginal Land Council of Tasmania Fund	
	22.	Application of Fund	
	23.	Bank accounts	
	24.	Temporary investment of funds	
	25.	Accounts and records	
	26.	Audit	
		
	PART 3	
		
	ABORIGINAL LAND	
		
	27.	Land vested in Council	
	28.	Existing leases and licences	
	29.	Appeals in respect of Council’s decisions in relation to leases
	     and licences	
	30.	Council precluded from mortgaging, &c., Aboriginal land	
	31.	Local management of certain areas	
	32.	Management plans	
	33.	Folio of Register to be created for Aboriginal land	
	34.	Stamp duty and charges not payable	
	35.	Power of Recorder to correct folio of the Register	
		
	PART 4	
		
	MISCELLANEOUS	
		
	36.	Disclosure of pecuniary interests	
	37.	Disqualification from office	
	38.	Statutory rules revoked or amended	
	39.	Certain areas cease to be conservation areas and State 
	     reserves	
	40.	Indemnity of Council in respect of Aboriginal land	
	41.	Regulations	

	42.	Amendment of Acts	
	43.	Transitional provision	
	44.	Administration of Act
	
	SCHEDULE 1	
		
	PROVISIONS WITH RESPECT TO MEMBERSHIP OF THE ABORIGINAL LAND COUNCIL OF TASMANIA	
		
	SCHEDULE 2	
		
	PROVISIONS WITH RESPECT TO MEETINGS OF THE ABORIGINAL LAND COUNCIL OF TASMANIA	
		
	SCHEDULE 3	
		
	LAND VESTED IN THE COUNCIL	
		
	SCHEDULE 4	
		
	STATUTORY RULES	
		
	SCHEDULE 5	
		
	AMENDMENT OF ACTS	

[Coat of Arms of the State		
of Tasmania]	[Seal]	

ABORIGINAL  LANDS  ACT  1995		
		
_______________		
		
No.  98  of  1995		
		
_______________		
		
AN  ACT  to promote reconciliation with the Tasmanian Aboriginal community by granting to Aboriginal people certain parcels of land of historic or cultural significance.		
		
					[Royal Assent 14 November 1995]		
		
BE it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:-

		
PART  1		
		
PRELIMINARY		
Short title		
		
	1 -	This Act may be cited as the Aboriginal Lands Act 1995.		

s. 2
	No. 98                         Aboriginal Lands                                                 1995	
	Commencement	
		
		2 -	The provisions of this Act commence on a day or days to be proclaimed.	
		
	Interpretation	
		
		3 -	In this Act, unless the contrary intention appears – 
	“Aboriginal land” means land vested in the Council under this Act;	
		
		“Aboriginal person” has the meaning given to that expression for he purposes of the Aboriginal and Torres Strait Islander Commission Act 1989 of the Commonwealth;	
		
		“burdening rights”, in relation to land, includes rights, conditions or covenants relating to that land, whether registered or unregistered, legal or registrable, created or implied or existing or capable of existing;	
		
		“Cape Barren Island group” means Cape Barren Island, Long Island, Preservation Island, Passage Island, Forsyth Island, Clarke Island, Badger Island and Mount Chappell Island;	
		
		“certificate of election” means a certificate issued under section 16 (1);	
		
		“Council” means the Aboriginal Land Council Tasmania established under section 5;	
		
		“electoral area” means any of the following:-	
		
			(a)	the south region;	
		
			(b)	the north region;	
		
			(c)	the north-west region;	
		
			(d)	the Flinders Island group;	
		
			(e)	the Cape Barren Island group;	
		
		“eligible elector”, in relation to an electoral area, means a person whose name is entered on the Roll for an address within that area;	
		
		“estate”, in relation to land, includes all easements, licences, leases, rights of occupation or possession, habitual access or other burdening rights relating to that land;	

1995                                       Aboriginal Lands                                     No. 98
	s. 4	
	“Flinders Island group” means Flinders Island and all islands, except Long Island, Badger Island and Mount Chappell Island, to the north of Cape Barren Island in the Flinders municipal area;		
		
	“local Aboriginal group”, in relation to an area of Aboriginal land, means an Aboriginal group nominated by the Council for that area;		
		
	“north region” means that part of the State comprising the city of Launceston and the municipal areas of Break O’Day, Dorset, George Town, Meander Valley, Northern Midlands and West Tamar;		
		
	“north-west region” means that part of the State comprising the cities of Burnie and Devonport and the municipal areas of Central Coast, Circular Head, Kentish, King Island, Latrobe, Waratah-Wynyard and West Coast;		
		
	“Register” means the register of title to land referred to in section 33 of the Lands Titles Act 1980;		
		
	“regulations” means regulations made under this Act;		
		
	“Roll” means the Aboriginal Land Council of Tasmania Electors Roll prepared and maintained under section 8;		
		
	“south region” means that part of the State comprising the cities of Hobart, Clarence and Glenorchy and the municipal areas of Brighton, Central Highlands, Glamorgan-Spring Bay, Huon Valley, Kingborough, New Norfolk, Sorell, Southern Midlands and Tasman.		
		
Act binds Crown		
		
	4 -	This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.		
		
_______________		

PART  2		
		
ABORIGINAL LAND COUNCIL OF TASMANIA		
		
Division 1 – Establishment and constitution of Council		
		
Establishment of Council		
		
	5 -	(1)	The Aboriginal Land Council of Tasmania is established.		

s. 6
	No. 98                         Aboriginal Lands                                                 1995	
		(2)	The Council –	
		
		(a)	is a body corporate;  and	
		
		(b)	has a seal;  and	
		
		(c)	may sue and be sued in its corporate name.	
		
		(3)	The seal is to be kept and used only as authorised by the Council.	
		
		(4)	All courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Council.	
		
		Constitution of Council	
		
		6 -	(1)	The Council consists of 8 Aboriginal persons of whom –	
		
		(a)	2 are to be elected by eligible electors for the south region to represent the south region;  and	
		
		(b)	2 are to be elected by eligible electors for the north region to represent the north region;  and	
		
		(c)	2 are to be elected by eligible electors for the north-west region to represent the north-west region;  and	
		
		(d)	one is to be elected by eligible electors for the Flinders Island group to represent the Flinders Island group;  and	
		
		(e)	one is to be elected by eligible electors for the Cape Barren Island group to represent the Cape Barren Island Group.	
		
		(2)	Schedule 1 has effect.	
		
		(3)	Schedule 2 has effect.	
		
	Division 2 – Election of members of Council	
		
	Timing of elections	
		
		7 -	(1)	The Chief Electoral Officer is to hold the first election of members of the Council as soon as practicable after the commencement of this Act.	

1995                                       Aboriginal Lands                                     No. 98
	s. 8	
	(2)	The Chief Electoral Officer must, in respect of each election of members of the Council, determine the date on which nominations are to be called for that election.		
		
	(3)	The date determined by the Chief Electoral Officer under subsection (2) is to be a date –		
		
	(a)	not sooner than 2 years and 9 months;  and		
		
	(b)	not later than 3 years and 3 months – 		
		
after the date on which nominations were called for the previous election of all members of the Council.		
		
	(4)	The Chief Electoral Officer is to call for nominations for election of members of the Council on the date determined under subsection (2) by notice published in the Gazette and in 3 daily newspapers published and circulating in the State and by such other manner as the Chief Electoral Officer considers appropriate.		
		
Aboriginal Land Council of Tasmania Electors Roll		
		
	8 -	(1)	The Chief Electoral Officer is to prepare an Aboriginal Land Council of Tasmania Electors Roll for the purposes of each election of members of the Council.		
		
	(2)	The Roll is to contain the names of persons who are entitled to vote at an election of members of the Council and indicate the electoral areas in which each person is enrolled.		
		
	(3)	The Roll may be kept by electronic means or any similar means.		
		
	(4)	The forms to be used for the purposes of the Roll are to be as approved by the Chief Electoral Officer.		
		
Who is entitled to be on the Roll		
		
	9 -	(1)	A person is entitled to have his or her name entered on the Roll if the person –		
		
	(a)	is an Aboriginal person;  and		
		
	(b)	resides in the electoral area in respect of which the person applies to have his or her name entered on the Roll;  and		
		
	(c)	has attained the age of 18 years.		

s. 10
	No. 98                         Aboriginal Lands                                                 1995	
		(2)	A person is taken to have satisfied paragraphs (b) and (c) of subsection (1) if –	
		
		(a)	the person’s name is entered on the State roll for an address within the electoral area in respect of which the person applies to have his or her name entered on the Roll;  or	
		
		(b)	the person is entitled to have his or her name entered on the State roll for an address within the electoral area in respect of which the person applies to have his or her name entered on the Roll;  or	
		
		(c)	the person verifies the matters referred to in those paragraphs in such manner as the Chief Electoral Officer may determine.	
		
		(3)	The Chief Electoral Officer, in consultation with such persons as the Chief Electoral Officer considers necessary, is to prepare guidelines concerning the eligibility of a person to have his or her name entered on the Roll on the basis that the person is or is not an Aboriginal person.	
		
		(4)	The Chief Electoral Officer is to make the guidelines available to a person who requests them.	
		
		(5)	A person who is entitled to and wishes to have his or her name entered on the Roll must lodge with the Chief Electoral Officer an enrolment form in a form approved by the Chief Electoral Officer.	
		
		(6)	In this section, “State roll” has the same meaning as in the Electoral Act 1985.	
		
	Entering of names on the Roll	
		
		10 -	(1)	The Chief Electoral Officer is to enter on the Roll the names of all Aboriginal persons who have lodged a properly completed enrolment form with the Chief Electoral Officer.	

1995                                       Aboriginal Lands                                     No. 98
	s. 10	
	(2)	The Chief Electoral Officer is to cause to be published in the Gazette and in 3 daily newspapers published and circulating in the State and by such other manner as the Chief Electoral Officer considers appropriate, at leas 120 days before nominations are called for election of members of the Council, a notice –		
		
	(a)	seeking applications for enrolment on the Roll which is to be prepared for the purposes of the election;  and		
		
	(b)	specifying the date and time of closure of the Roll, being a date not later than 60 days before nominations are called for that election:  and		
		
	(c)	specifying the vacancies in the membership of the Council to be filled;  and		
		
	(d)	specifying details of entitlement to vote at the election;  and		
		
	(e)	specifying any other matter which the Chief Electoral Officer considers appropriate.		
		
	(3)	The Chief Electoral Officer is to cause to be published in the Gazette and in 3 daily newspapers published and circulating in the State and by such other manner as the Chief Electoral Officer considers appropriate, at least 60 days before nominations are called for election of members of the Council, a notice –		
		
	(a)	stating that an Aboriginal Land Council of Tasmania Electors Roll has been prepared for the purposes of the election;  and		
		
	(b)	stating that the Roll may be inspected and specifying the time and place at which the Roll may be inspected;  and		
		
	(c)	stating that objections to the inclusion of the name of a person on the Roll or the exclusion of the name of a person from the Roll on the basis that the person is or is not an Aboriginal person may be lodged with the Chief Electoral Officer before such date as is specified in the notice, being a date not earlier than 28 days after the publication of the notice;  and		
		
	(d)	specifying any other matter which the Chief Electoral Officer considers appropriate.		

s. 11
	No. 98                         Aboriginal Lands                                                 1995	
		(4)	In order to properly consider any objection, the Chief Electoral Officer –	
		
		(a)	may request the advice of such persons as the Chief Electoral Officer considers necessary;  and	
		
		(b)	in the case of an objection to the name of a person being included on or excluded from the Roll, must give that person an opportunity to make submissions to the Chief Electoral Officer in relation to the matter.	
		
		(5)	The Chief Electoral Officer must accept the objection or reject the objection not later than 21 days before nominations are called for election of members of the Council and –	
		
		(a)	must if necessary amend the Roll accordingly;  and	
		
		(b)	by notice in writing served on a person who lodged an objection under this section and the person to whom the objection related, must notify that person of the Chief Electoral Officer’s decision.	
		
		(6)	A person who lodged an objection under this section and a person to whom an objection related who is aggrieved by the decision of the Chief Electoral Officer may, in accordance with the Rules of the Supreme Court, appeal to the Supreme Court within 7 days after the date on which notice was served on that person under subsection (5).	
		
	Availability of Roll	
		
		11 -	(1)	The Chief Electoral Officer is to make the Roll available to –	
		
		(a)	the Council;  and	
		
		(b)	any person for the purposes of an election of members of the Council –	
		
	at such times and places as are approved by the Chief Electoral Officer.	
		
		(2)	A person must not make or use a copy of the Roll or any part of the Roll except for the purposes of an election held under this Act.	
		
		Penalty:  Fine not exceeding 50 penalty units.	
		
		(3)	The Chief Electoral Officer is to destroy the Roll at the expiration of the period of 30 days after the date of publication of the certificate of election or, if an application to dispute the result of an election is lodged with the Supreme Court, on the determination of the application.	

1995                                       Aboriginal Lands                                     No. 98
	s. 12	
	(4)	The Freedom of Information Act 1991 does not apply to the Roll.		
		
Conduct of elections		
		
	12 -	Elections of members of the Council are, subject to any other provisions of this Act, to be conducted in such manner as is approved by the Chief Electoral Officer.		
		
Who may vote		
		
	13 -	An eligible elector for an electoral area is entitled to vote at an election for a member of the Council to represent that area.		
		
Who may stand for election		
		
	14 -	A person is not qualified to stand for election, or to be elected, as a member of the Council to represent an electoral area unless the person is an eligible elector for that area.		
		
Counting of votes		
		
15 -	Votes cast at an election of members of the Council are to be counted in accordance with –		
		
	(a)	Part 2 of Schedule 7 to the Local Government Act 1993 if one member of the Council is to be elected to represent an electoral area;  or		
		
	(b)	Part 3 of Schedule 7 to the Local Government Act 1993 if more than one member of the Council is to be elected to represent an electoral area.		
		
Certificate of election		
		
	16 -	(1)	After all the votes are counted, the Chief Electoral Officer is to –		
		
	(a)	declare the names of the persons who are elected at an election;  and		
		
	(b)	issue a certificate of the result of the election.		

s. 17
	No. 98                         Aboriginal Lands                                                 1995	
		(2)	The Chief Electoral Officer is to cause a copy of the certificate of election to be published in the Gazette and in 3 daily newspapers published and circulating in the State.	
		
		(3)	An eligible elector for an electoral area or the Chief Electoral Officer may dispute the result of an election by lodging an application with the Supreme Court within 30 days of the date on which the certificate of election is published in the Gazette under subsection (2).	
		
		(4)	A person may not dispute the result of an election of members of the Council on the grounds that a person is or is not entitled to vote at the election.	
		
	Costs of elections	
		
		17 -	The costs incurred for or in connection with an election under this Act are to be paid from the Consolidated Fund which, to the necessary extent, is appropriated accordingly.	
		
	Division 3 – Functions and powers of Council	
		
	Functions and powers of Council	
		
		18 -	(1)	The Council has the following functions :-	
		
		(a)	to use and sustainably manage Aboriginal land and its natural resources for the benefit of all Aboriginal persons;	
		
		(b)	to exercise, for the benefit of all Aboriginal persons, the Council’s powers as owner of Aboriginal land;	
		
		(c)	to prepare management plans in respect of Aboriginal land;	
		
		(d)	to use and sustainably manage any other land in which the Council acquires an interest;	
		
		(e)	such other functions as are imposed on it by or under this Act or any other Act.	
		
		(2)	The Council must perform its functions for the benefit of all Aboriginal persons and in the interests of reconciliation with the broader Tasmanian community.	
		
		(3)	In its use and management of Aboriginal land and its natural resources, the Council is to have regard to the interests of local Aboriginal communities.	
		
		(4)	The Council may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions.	

1995                                       Aboriginal Lands                                     No. 98
	s. 19	
	(5)	The Council may, in respect of any area of Aboriginal land, nominate a local Aboriginal group for that area.		
		
	(6)	The Council may delegate any of its functions or powers in respect of the use and management of Aboriginal land or other land acquired by the Council to any Aboriginal group which, or Aboriginal person who, the Council considers appropriate.		
		
Review of Council’s decisions		
		
	19 -	(1)	If the Council receives a request which complies with subsection (2) to review a decision made by it in respect of -–		
		
	(a)	the involvement of local Aboriginal groups or persons in the management of Aboriginal land;  or		
		
	(b)	the granting of an interest which did not exist at the commencement of this Act in Aboriginal land to any person;  or		
		
	(c)	any other matter which is likely to have a significant impact on Aboriginal land –		
		
the Council must review that decision.		
		
	(2)	The request referred to in subsection (1) must be signed by 50 Aboriginal persons who would be eligible to vote at an election for members of the Council if such an election was held at the date of the request and must contain the names and addresses in a legible form of those persons.		
		
	(3)	The Council must review its decision within 28 days from the date on which it received a request.		
		
	(4)	After the Council has reviewed its decision, it must give to each person who signed the request the result, in writing, of its review and the reasons for its decision on the review.		

s. 20
	No. 98                           Aboriginal Lands                                                 1995	
	Division 4 – Staff	
	Staff	
		
		20 -	(1)	The Council may employ such persons as it considers necessary to enable it to perform its functions.	
		
		(2)	Subject to any relevant award, industrial agreement or enterprise agreement, the terms and conditions of persons employed under subsection (1) are as determined by the Council.	
		
		(3)	The Tasmanian State Service Act 1984 does not apply to the Council or its staff.	
		
	Division 5 – Finances of the Council	
		
	Aboriginal Land Council of Tasmania Fund	
		
		21 -	(1)	There is established a fund to be known as the Aboriginal Land Council of Tasmania Fund.	
		
		(2)	The Fund consists of –	
		
		(a)	money derived by the Council from leases and licences issued under this Act in respect of any Aboriginal land;  and	
		
		(b)	money provided by the Parliament of the Commonwealth or the State for the purposes of the Council;  and	
		
		(c)	other money received from any other source by the Council.	
		
		(3)	The Fund is to be administered by the Council.	
		
	Application of Fund	
		
		22 -	Money in the Fund is to be applied –	
		
		(a)	in the payment or discharge of the expenses, charges and obligations incurred or undertaken by the Council in the performance of its functions and the exercise of its powers;  and	
		
		(b)	in the payment of any remuneration payable under this Act.	

1995                                       Aboriginal Lands                                     No. 98
	s. 23	
Bank accounts		
		
23 -	(1)	The Council must open and maintain at least one account in a bank in this State.		
		
	(2)	The Council must pay any money received by it into the account referred to in subsection (1).		
		
	(3)	Payment of money into the account referred to in subsection (1) is taken to be a payment of money into the Aboriginal Land Council of Tasmania Fund.		
		
Temporary investment of funds		
		
	24 -	The Council may invest any money that it is holding and for which it has no immediate use in any manner in which trustees are authorised to invest trust funds under the Trustee Act 1898.		
		
Accounts and records		
		
	25 -	(1)	The Council must keep proper accounts and records in relation to all its operations and must do all things necessary to ensure that all payments made by it are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Council and over the incurring of liabilities of the Council.		
		
	(2)	The Council must, on or before 31 August in each year –		
		
	(a)	prepare financial statements with respect to the preceding financial year in such form, and containing such information, as the Treasurer may determine;  and		
		
	(b)	furnish the Auditor-General with the financial statements.		
		
	(3)	If requested by an Aboriginal person, the Council must make the financial statements available to that person for inspection.		

s. 26
	No. 98                         Aboriginal Lands                                                 1995	
	Audit	
		
		26 -	The accounts and records of the Council are subject to the Financial Management and Audit Act 1900.	
		
					     ______________	

	PART 3	
		
	ABORIGINAL LAND	
		
	Land vested in Council	
		
		27 -	(1)	The land referred to in Schedule 3 is vested in the Council in trust for Aboriginal persons in perpetuity.	
		
		(2)	The land is vested to a depth of 50 metres and includes minerals other than oil, atomic substances, and geothermal substances, within the meaning of the Mining Act 1929 and helium.	
		
		(3)	The land vests subject to –	
		
		(a)	any estate existing in it immediately before the commencement of this Act;  and	
		
		(b)	the provisions of this Act.	
		
		(4)	There is reserved to the Crown the right at all times –	
		
		(a)	of making and constructing in Aboriginal land such drains, sewers and waterways for sanitary or other purposes as may be considered expedient;  and	
		
		(b)	of altering, amending, cleansing or repairing those drains, sewers and waterways.	
		
		(5)	There is reserved to the public during daylight hours over the land referred to in item 11 of Schedule 3 a right of access as specified in Plan 3466 in the Central Plan Register except when a significant Aboriginal cultural event is being held on that land.	
		
		(6)	There is included with the areas of land referred to in items 5, 6 and 7 of Schedule 3 a right of access on foot over any Crown land between each of those areas and the nearest point of public access.	

1995                                       Aboriginal Lands                                     No. 98
	s. 28	
	(7)	There is reserved to the public at all times a right of access over the land referred to in items 1 and 2 of Schedule 3 as specified in Plans 3468 and 3467 in the Central Plan Register.		
		
	(8)	There is reserved to the public at all times a right of access over Aboriginal land, equivalent to the right which would exist if the land were reserved as a coastal reserve under section 57 of the Crown Lands Act 1976, except –		
		
	(a)	the land referred to in item 1 of Schedule 3;  and		
		
	(b)	that area of land comprising part of the land in item 2 of Schedule 3 as specified in Plan 3467 in the Central Plan Register.		
		
	(9)	There is reserved to the Crown a right to construct and fence a road over the land referred to in item 11 of Schedule 3 as specified in Plan 3466 in the Central Plan Register and to carry out any preliminary investigation relating to the construction of a road on that land.		
		
	(10)	If the Crown exercises the right to construct and fence a road over the land referred to in subsection (9) –		
		
	(a)	no compensation is payable to the Council;  and		
		
	(b)	the road, as constructed and fenced, becomes a highway, within the meaning of the Highways Act 1951, and a road, within the meaning of the Roads and Jetties Act 1935, and forms part of the East Derwent Highway.		
		
Existing leases and licences		
		
	28 -	(1)	If any land vested in the Council by section 27 (1) was, in the 12 month period before the vesting, subject to a lease or licence and the lease or licence expires by effluxion of time, the lessee or licensee may apply to the Council for further leases or licences at a rent and on terms and conditions to be agreed between the Council and the lessee or licensee.		
		
	(2)	In determining whether to grant a further lease or licence, and the terms and conditions of any further lease or licence, the Council must give effect to the guidelines prescribed in the regulations.		
		
	(3)	Notwithstanding section 19, a person who is aggrieved by a decision of the Council in relation to the granting of a further lease or licence may request the Council to review its decision.		

s. 29
	No. 98                         Aboriginal Lands                                                 1995	
		(4)	A lease in respect of Aboriginal land which is for a period exceeding 3 years is to be registered under the Lands Titles Act 1980.	
		
		(5)	If a lease for a period exceeding 3 years existed at the commencement of this Act in respect of land which became Aboriginal land on that commencement and that lease was not in a form to enable it to be registered under the Land Titles Act 1980, section 28 of that Act applies as if the lease were an instrument registered under the Registration of Deeds Act 1935.	
		
	Appeals in respect of Council’s decisions in relation to leases and licences	
		
		29 -	(1)	A person who held a lease or licence in respect of land in the 12 month period before that land was vested in the Council under section 27 (1) and who is aggrieved by a decision of the Council –	
		
		(a)	in respect of that lease or licence;  or	
		(b)	in respect of a further lease or licence;  or	
		(c)	to refuse to grant a further lease or licence –	
		
	may appeal to the Public Land Use Commissioner within 14 days after the day on which the person is notified of the Council’s decision on a review under section 28 (3).	
		
		(2)	The Public Land Use Commissioner is to consult the Council before making a decision under this section.	
		
		(3)	At the hearing of an appeal, the Public Land Use Commissioner may –	
		
		(a)	dismiss the appeal;  or	
		
		(b)	quash the decision of the Council and direct it to take such action as the Commissioner considers necessary.	
		
		(4)	If an appeal is brought in respect of the revocation or variation of a lease or licence, the Public Land Use Commissioner is to determine whether the revocation or variation takes effect pending the determination or abandonment of the appeal.	
		
		(5)	The Public Land Use Commissioner is to cause a copy of his or her decision in relation to an appeal under this section to be served on the parties to the appeal and, in the case of a lease which is registered under the Land Titles Act 1980 in respect of Aboriginal land, on the Recorder of Titles.	

1995                                       Aboriginal Lands                                    No. 98
	s. 30	
	(6)	The Recorder of Titles may make any notations or amendments to the Register as the Recorder considers appropriate to give effect to the decision of the Public Land Use Commissioner.		
		
	(7)	The Council must comply with any directions given to it under this section.		
		
	(8)	The decision of the Public Land Use Commissioner on the hearing of an appeal under this section is final.		
		
	(9)	Subject to this section, an appeal to the Public Land Use Commissioner is to be heard and determined as prescribed.		
		
Council precluded from mortgaging, &c., Aboriginal land		
		
	30 -	The Council must not mortgage Aboriginal land or use it as any form  -of security for any purpose.		
		
Local management of certain areas		
		
	31 -	(1)	The Council, after considering the factors specified in subsection (2), must involve a local Aboriginal group or a local Aboriginal person in the management of Aboriginal land.		
		
	(2)	The factors which the Council is to consider in deciding which local Aboriginal group or person is to be involved in the management of Aboriginal land are as follows: –		
		
	(a)	the extent to which a local Aboriginal group or person has an association or connection with the land;		
		
	(b)	the extent to which a local Aboriginal group or person has the desire and capacity to manage the land;		
		
	(c)	the importance of the land to all Aboriginal persons.		
		
Management plans		
		
	32 -	(1)	The Council or a local Aboriginal group may prepare draft management plans in respect of Aboriginal land.		
		
		(2)	Where a local Aboriginal group prepares a draft management plan, the local Aboriginal group must forward the draft management plan to the Council.		

s. 33
	No. 98                         Aboriginal Lands                                                 1995	
		(3)	Where the Council receives a draft management plan from a local Aboriginal group, it must consider the draft management plan and –	
		
		(a)	may approve the draft management plan;  or	
		
		(b)	may make such amendments to it as the Council considers necessary.	
		
		(4)	Where the Council prepares a draft management plan or makes amendments to a draft management plan forwarded to it by a local Aboriginal group, the Council is to give the draft management plan to the local Aboriginal group and to any local Aboriginal person who the Council considers appropriate.	
		
		(5)	The local Aboriginal group or person may, within 28 days of receiving the draft management plan, make such representations to the Council in respect of the draft management plan as it thinks fit.	
		
		(6)	After considering any representations received in respect of a draft management plan, the Council may approve the draft management plan.	
		
		(7)	The draft management plan comes into operation as a management plan on such date as is specified in it.	
		
		(8)	If the Council has approved a draft management plan in respect of an area of Aboriginal land, any other management plan, in force immediately before the approval of the draft management plan, is of no effect in so far as it relates to that area.	
		
	Folio of Register to be created for Aboriginal land	
		
		33 -	(1)	On receipt of an application from the Council and on receipt of a plan certified to be correct by the Surveyor-General, the Recorder of Titles must create, in accordance with the Land Titles Act 1980, a folio of the Register in respect of Aboriginal land.	
		
		(2)	The Recorder may, on the Recorder’s own motion, create, in accordance with the Land Titles Act 1980, a folio of the Register in respect of Aboriginal land.	

1995                                       Aboriginal Lands                                     No. 98
	s. 34	
	(3)	If, at the time of creating a folio of the Register in respect of Aboriginal land or at any time after creating such a folio, it appears to the Recorder of Titles that there is in existence a document in writing which provides evidence of an estate in Aboriginal land, the Recorder may act as if the land was subject to section 28 of the Land Titles Act 1980 and record the document as if it were registered under the Registration of Deeds Act 1935.		
		
Stamp duty and charges not payable		
		
	34 -	(1)	The provisions of the Stamp Duties Act 1931 do not apply in respect of any instrument required in connection with, or arising out of, the vesting of any land in the Council.		
		
	(2)	A fee or charge which is otherwise payable under a law in relation to a vesting of land is not payable in respect of the vesting of any land in the Council.		
		
Power of Recorder to correct folio of the Register		
		
	35 -	If the Recorder of Titles is satisfied that –		
		
	(a)	there is an error in a folio of the Register in respect of Aboriginal land or in a dealing or instrument registered on a folio of the Register in respect of Aboriginal land or in a plan held by the Recorder of Titles relating to Aboriginal land;  and		
		
	(b)	the Council and any other person affected by the error agree –		
		
the Recorder has the power, in addition to any other power the Recorder may have, to correct the folio, dealing, instrument or plan in such manner as the Recorder considers appropriate.		
		
					_______________		
		
PART  4		
		
MISCELLANEOUS		
		
Disclosure of pecuniary interests		
		
	36 -	(1)	In this section, “member” means a member of the Council.		

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	No. 98                         Aboriginal Lands                                                 1995	
		(2)	A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council, other than a determination as to the remuneration and allowances payable to a member, is required, as soon as possible after the relevant facts have come to the member’s knowledge, to disclose the nature of the interest at a meeting of the Council if the interest appears to raise a conflict with the proper performance of the duties in relation to the consideration of the matter.	
		
		(3)	A disclosure by a member at a meeting of the Council that the member – 	
		
		(a)	is a member, or is in the employment, of a specified company or other body;  or	
		
		(b)	is a partner, or is in the employment, of a specified person;  or	
		
		(c)	has some other specified interest relating to a specified company or other body or a specified person –	
		
	is sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subsection (2).	
		
		(4)	Particulars of any disclosure made under this section are to be recorded in a book kept for the purpose and that book is required to be open at all reasonable hours for inspection by any person on payment of the fee determined by the Council.	
		
		(5)	After a member has disclosed the nature of an interest in any matter or thing, the member may not, unless the other members of the Council concerned otherwise determine –	
		
		(a)	be present during any deliberation, or take part in any decision, of the Council with respect to that matter or thing;  or	
		
		(b)	perform any function or exercise any power under this Act with respect to that matter or thing.	
		
		(6)	For the purposes of the making of a determination by other members under subsection (5), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates may not –	
		
		(a)	be present during any deliberation of those members for the purpose of making the determination;  or 	
		
		(b)	take part in the making by the other members of the determination.	

1995                                       Aboriginal Lands                                    No. 98
	s. 37	
		(7)	A contravention of this section does not invalidate any decision of the Council or the exercise of any function under this Act.		
		
		(8)	This section does not apply to an interest of a member (being the provision of goods or services to the member by the Council) if the goods or services are, or are to be, available to members of the public on the same terms and conditions.		
		
Disqualification from office		
		
	37 -	(1)	A person who knowingly fails to comply with section 36 is guilty of an offence.		
		
			Penalty:  Fine not exceeding 20 penalty units.		
		
		(2)	A person who is convicted of an offence under this section is disqualified from holding any office under this Act for 7 years from the date of conviction, or for such shorter period as the court by which the person is convicted may order.		
		
		(3)	In any prosecution for such an offence, the court may order that, despite the conviction, the defendant is not disqualified from holding office because the circumstances giving rise to the offence are of a trifling character.		
		
Statutory rules revoked or amended		
		
	38 -	(1)	The statutory rules specified in column 4 of Part 1 of Schedule 4 are revoked.		
		
		(2)	Each statutory rule specified in column 4 of Part 2 of Schedule 4 amended by omitting from the land referred to in it the land shown edged by a thick line on the plan specified in column 5.		
		
Certain areas cease to be conservation areas and State reserves		
		
	39 -	The areas of land shown on Plan 3466 in the Central Plan Register cease to be conservation areas and State reserves.		
		
Indemnity of Council in respect of Aboriginal land		
		
	40 -	The Council is indemnified by the Crown against any action arising out of or in relation to Aboriginal land before it became vested in the Council.		
		
Regulations		
		
	41 -	(1)	The Governor, if satisfied that the Council has been consulted, may make regulations for the purposes of this Act.		

s. 42
	No. 98                         Aboriginal Lands                                                 1995	
		(2)	Without limiting subsection (1), the regulations may make provisions for or with respect to the election of members of the Council.	
		
		(3)	The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.	
		
		(4)	The regulations may authorise any matter to be from time to time determined, applied or regulated by the Council.	
		
		(5)	The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.	
		
		(6)	A provision referred to in subsection (5) may, if the regulations so provide, take effect from the commencement of this Act or a later date.	
		
	Amendment of Acts	
		
		42 -	The Acts specified in Schedule 5 are amended in the manner specified in that Schedule.	
		
	Transitional provision	
		
		43 -	Until the Chief Electoral Officer issues a certificate of election in respect of each of the inaugural members of the Council, persons nominated by the Minister, after consultation with the Aboriginal community, are to manage Aboriginal land as if they were the Council.	
		
	Administration of Act	
		
		44 -	Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 – 	
		
		(a)	the administration of this Act is assigned to the Minister for Aboriginal Affairs;  and	
		
		(b)	the Department responsible to the Minister for Aboriginal Affairs in relation to the administration of this Act is the Department of Premier and Cabinet.	
		
					_______________	

1995                                       Aboriginal Lands                                    No. 98
	sch. 1	

SCHEDULE  1		
                                                                                                         Section 6		
		
PROVISIONS WITH RESPECT TO MEMBERSHIP OF THE		
ABORIGINAL LAND COUNCIL OF TASMANIA		
		
Interpretation		
		
	1 -	In this Schedule, “member” means a member of the Council.		
		
Term of office		
		
	2 -	Subject to this Act, the term of office of a member is a period starting on the date of issue of a certificate of election by the Chief Electoral Officer and ending on the date of issue of the next certificate of election.		
		
Provisions requiring devotion of whole of time to other duties		
		
	3 -	Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his or her time to the duties of office under that Act, that provision does not operate to disqualify that person from holding that office and also the office of a member.		
		
Remuneration		
		
	4 -	A member is entitled to be paid such remuneration and allowances as the Council determines.		
		
Vacation of office		
		
	5 -	(1)	A member vacates office if he or she –		
	(a)	dies;  or		
	(b)	resigns;  or		
	(c)	is disqualified under section 37;  or		
	(d)	is removed from office under subclause (2).		

sch. 1
	No. 98                         Aboriginal Lands                                                 1995	
		(2)	The Council may remove a member from office if the member –	
		
		(a)	is absent from 2 consecutive meetings of the Council without the permission of the Council;  or	
		
		(b)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration or estate for their benefit;  or	
		
		(c)	is convicted in Tasmania or elsewhere of an offence punishable by imprisonment for 3 years or longer for a crime.	
		
	Filling of casual vacancies	
		
		6 -	(1)	If a vacancy occurs in the office of a member, a recount of the votes cast is to be conducted in accordance with Schedule 8 to the Local Government Act 1993.	
		
			(2)	If there are no consenting candidates, within the meaning of Schedule 8 to the Local Government Act 1993, a by-election is to be conducted by the Chief Electoral Officer in such manner as is determined by the Chief Electoral Officer.	
		
			(3)	If a vacancy occurs more than 2 years and 6 months after the date of the previous election of all members –	
		
		(a)	the Chief Electoral Officer is not to carry out a recount unless the number of remaining members is not sufficient to constitute a quorum of the Council;  and	
		
		(b)	a by-election is not to be conducted by the Chief Electoral Officer.	
		
	Validity of proceedings, &c.	
		
		7 -	All acts and proceedings of the Council or of any person acting pursuant to any direction of the Council are, notwithstanding the subsequent discovery of any defect in the election of any member of the Council or that any person was disqualified from acting as, or incapable of being, a member of the Council, as valid as if the member had been duly elected and was qualified to act as, or capable of being, a member, and as if the Council had been fully constituted.	

1995                                       Aboriginal Lands                                    No. 98
	sch. 1	
Presumptions		
		
	8 -	In any proceedings by or against the Council, unless evidence is given to the contrary, no proof is required of –		
		
	(a)	the constitution of the Council;  or		
		
	(b)	any resolution of the Council;  or		
		
	(c)	the appointment of any member of the Council;  or		
		
	(d)	the presence of a quorum at any meeting of the Council.		
		
					_______________		

sch. 2
	No. 98                         Aboriginal Lands                                                 1995	
	SCHEDULE  2	
										         Section 6	
		
	PROVISIONS WITH RESPECT TO MEETINGS OF THE ABORIGINAL	
	LAND COUNCIL OF TASMANIA	
	
Interpretation
	
		1 -	In this Schedule –	
		
		“chairperson” means the chairperson of the Council;	
		“member” means a member of the Council.	
		
	Meetings of the Council	
		
		2 -	(1)	The Council is to hold its first meeting after each election of all members as soon as practicable after the election.	
		
			(2)	The chairperson may commence such other meetings of the Council as, in his or her opinion, are necessary for the proper performance of its functions.	
		
			(3)	A meeting of the Council may be convened by 2 or more members.	
		
	Chairperson	
		
		3 -	(1)	The members are to elect a chairperson at the Council’s first meeting after each election of all members.	
		
			(2)	The chairperson of the Council is to preside at all meetings of the Council at which the chairperson is present.	
		
			(3)	If the chairperson of the Council is not present at a meeting of the Council a member elected by the members present is to preside at that meeting.	
		
	Procedure at meetings	
		
		4 -	(1)	Five members form a quorum at any duly convened meeting of the Council.	
		
			(2)	Any duly convened meeting of the Council at which a quorum is present is competent to transact any business of the Council.	

1995                                       Aboriginal Lands                                    No. 98
	sch. 2	
		(3)	Questions arising at a meeting of the Council are to be determined by a majority of votes of the members present and voting and, in the case of an equality of votes, the person presiding has a casting vote.		
		
		(4)	The Council must cause full and accurate minutes to be kept of the proceedings of each meeting of the Council.		
		
General procedure		
		
	5 -	The procedure for the calling of, and for the conduct of business at, meetings of the Council is, subject to any procedure that is specified in this Act, to be as determined by the Council.		
		
					_______________		

sch. 3
	No. 98                         Aboriginal Lands                                                 1995	

SCHEDULE  3
												Section 27

LAND VESTED IN THE COUNCIL

COLUMN 1
Item No.	COLUMN 2
General description of land	COLUMN 3
Registered plans
Central  Plan  Register
reference	

1	
Oyster Cove	
3468	
2	Mount Cameron West	3467	
3	Mount Chappell Island	3469	
4	Steep (Head) Island	3470	
5	Kutikina Cave	3471	
6	Ballawinne Cave	3472	
7	Wargata Mina Cave	3473	
8	Badger Island	3469	
9	Babel Island	3475	
10	Great (Big) Dog Island	3474	
11	Risdon Cove	3466	
12	Cape Barren Island (part)	3486

						_________________

1995                                       Aboriginal Lands                                    No. 98
	sch. 4	

SCHEDULE  4
											       Section 38

STATUTORY RULES

PART 1

STATUTORY RULES REVOKED

COLUMN 1
Item No.	COLUMN 2
General area
covered by rule	COLUMN 3
Status to be revoked	COLUMN 4
Statutory
Rule No.	
1	Oyster Cove	State Reserve (Historic
Site)
	1981, No. 124	
2	Mount Cameron West	State Reserve
(Aboriginal Site)
	1978, No. 168
	
3	Steep (Head)
Island	Game Reserve	1981, No. 121
	
4	Maxwell River
(Ballawinne Cave)
	Protected Archaeological
Site	1986, No. 6	
5	Wargata Mina
Cave	Protected Archaeological
Site
	1990, No. 76	
6	Risdon Cove	Intended new line of part
of East Derwent
Highway
	1983, No. 14	

sch. 4
	No. 98                         Aboriginal Lands                                                 1995	
PART 2

STATUTORY RULES AMENDED

COLUMN 1
Item No.	COLUMN 2
General area
	COLUMN 3
Status	COLUMN 4
Statutory
Rule No.	COLUMN 5
Number of plan
registered in the
Central Plan Register	
					
1	Mount 
Chappell Island
Badger Island
	State Reserve 
(Nature Reserves)	1976, No. 269	3469	
2	Kutikina Cave	State Reserve
(National Park)	1990, No. 16	3471

3	Maxwell River
(Ballawinne Cave)	State Reserve
(National Park)
	1990, No. 16	3472	
4	Wargata Mina Cave
	State Reserve
(National Park)
	1990, No. 85	3473	
5	Babel Island	Hunting ground for
mutton birds
	1957, No. 81	3475	
6	Great (Big)
Dog Island
	Hunting ground for
mutton birds	1957, No. 81	3474	

						________________

1995                                       Aboriginal Lands                                    No. 98
	sch. 5	

SCHEDULE  5
									         Section 42

AMENDMENT OF ACTS

Fire Service Act 1979

(No. 35 of 1979)

	1.	Section 78 is amended by inserting after paragraph (b) the following paragraph:–

	(ba)		Aboriginal land, within the meaning of the Aboriginal Lands Act 1995, which is unoccupied or occupied principally for Aboriginal cultural purposes;  or

Land Acquisition Act 1993

(No. 23 of 1993)

	1.	After section 5, the following section is inserted:-

		Certain land may not be acquired

		5A – Aboriginal land, within the meaning of the Aboriginal Lands Act 1995, may not be acquired under this Act.

Land and Income Taxation Act 1910

(1 Geo. V No. 47)

	1.	Section 10 (1) is amended as follows:-

	(a)	by omitting from paragraph (q) “apply.” and substituting “apply;”;

	(b)	by inserting after paragraph (q) the following paragraph:-

		(r)  Aboriginal land, within the meaning of the Aboriginal Lands Act 1995, which is used principally for Aboriginal cultural purposes.

Sch. 5
	No. 98                         Aboriginal Lands                                                 1995	
	Local Government Act 1993

(No. 95 of 1993)

	1. 	Section 87 (1) is amended by inserting after paragraph (d) the following paragraph:-

	(da)	Aboriginal land, within the meaning of the Aboriginal Lands Act 1995, which is used principally for Aboriginal cultural purposes;

Mining Act 1929

(20 Geo. V No. 71)

	1.	After section 7, the following section is inserted in Part I:-

		Applications for leases, &c., in respect of certain land not permitted

		7A – The Minister may not grant a lease, licence or other instrument in respect of Aboriginal land, within the meaning of the Aboriginal Lands Act 1995, without the agreement of the Aboriginal Land Council of Tasmania.

National Parks and Wildlife Act 1970

(No. 47 of 1970)

	1.	After section 49, the following section is inserted:-

		Aboriginal cultural activities on Aboriginal land

		49A – (1)  Nothing in this Act precludes an Aboriginal cultural activity by an Aboriginal person on Aboriginal land, within the meaning of the Aboriginal Lands Act 1995, so long as that activity is, in the opinion of the Minister, not likely to have a detrimental effect on fauna and flora and is consistent with this Act.

1995                                       Aboriginal Lands                                    No. 98
	sch. 5	

	(2)	In this section –

	“Aboriginal cultural activity” means the activity of hunting, fishing or gathering undertaken by an Aboriginal person for his or her personal use based on Aboriginal custom of Tasmania as passed down to that Aboriginal person;

	“Aboriginal person” has the same meaning as in the Aboriginal Lands Act 1995.

					_______________

					IN THE NAME AND ON BEHALF OF 
					HER MAJESTY THE QUEEN I ASSENT
					TO THIS ACT.

								[G.S.M. Green]
								GOVERNOR

[Second reading presentation speech made in:-
     House of Assembly on 24 October 1995
            Legislative Council on 1 November 1995]