{"id":"C2004A03443","name":"Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987","slug":"aboriginal-land-lake-condah-and-framlingham-forest-act-1987","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"34 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7630,"registerId":"commonwealth-C2004A03443-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Part I shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on a day or days to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act:\n\n> Aboriginal means a member of the Aboriginal race of Australia.\n\n> Aboriginal and Torres Strait Islander corporation means a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.\n\n> Community Council means the directors of the Kirrae Whurrong Aboriginal Corporation.\n\n> Condah land means the land shown shaded and hatched on the plan in Part A, and shown hatched on the plan in Part B, of Schedule 1.\n\n> Corporation means the Kerrup‑Jmara Elders Aboriginal Corporation or the Kirrae Whurrong Aboriginal Corporation, as the case requires.\n\n> Crown means the Crown in right of the Commonwealth or of the State of Victoria, or of both, as the case requires.\n\n> day of vesting, in relation to a Corporation, means the day on which the relevant land is vested in the Corporation under section 6 or 7.\n\n> Framlingham Forest means the land shown shaded and hatched on the plan in Schedule 2.\n\n> Framlingham Reserve means the lands shown on the plan in the First Schedule to the Aboriginal Lands Act 1970 of Victoria.\n\n> interest, in relation to land, means:\n\n    (a) a legal or equitable estate or interest in the land; or\n    (b) a right, power or privilege over, or in connection with, the land.\n\n> Kerrup‑Jmara Elders Aboriginal Corporation means the Aboriginal and Torres Strait Islander corporation of that name.\n\n> Kirrae Whurrong Aboriginal Corporation means the Aboriginal and Torres Strait Islander corporation of that name.\n\n> mineral means any substance (except water) that occurs naturally as part of the earth’s crust, including:\n\n    (a) oil shale and coal; and\n    (b) hydrocarbons and mineral oils contained in oil shale or coal or extracted from oil shale or coal by chemical or industrial processes; and\n    (c) petroleum within the meaning of the Petroleum Act 1958 of Victoria; and\n    (d) stone within the meaning of the Extractive Industries Act 1966 of Victoria.\n\n> mining operation means any operation carried out from mining purposes.\n\n> mining purposes means the purposes of:\n\n    (a) prospecting for a mineral or winning a mineral from a place where it occurs naturally;\n    (b) extracting from its natural state a mineral previously won from a place where it occurred naturally if the extraction occurs at or in the vicinity of the place where the mineral occurs naturally;\n    (c) disposing of a mineral in connection with operations for a purpose mentioned in paragraph (a) or paragraph (b);\n    (d) disposing of waste substances resulting from operations for a purpose mentioned in paragraph (a) or paragraph (b); and\n    (e) treating, storing or stacking earth in connection with operations for a purpose mentioned in paragraph (a) or paragraph (b) if the treating, storing or stacking earth occurs at or in the vicinity of the place where the mineral occurs naturally.\n\n> mining tenement means:\n\n    (a) an exploration licence under Part 2 of the Mineral Resources Development Act 1990 of Victoria, a permit to search for stone under section 27 of the Extractive Industries Act 1966 of Victoria or a petroleum exploration permit under Part IV of the Petroleum Act 1958 of Victoria; or\n    (b) any other lease, licence, permit or other authority under the Mineral Resources Development Act 1990 of Victoria or the Petroleum Act 1958 of Victoria.\n\n> relevant land means:\n\n    (a) in relation to the Kerrup‑Jmara Elders Aboriginal Corporation, the Condah land; and\n    (b) in relation to the Kirrae Whurrong Aboriginal Corporation, Framlingham Forest.\n  (2) In provisions of the Lands Acquisition Act 1955 as applying by virtue of this Act:\n    (a) Supreme Court means the Supreme Court of Victoria;\n    (b) date of acquisition, in relation to land, means the date of commencement of section 6 or 7, as the case requires;\n    (c) this Act means:\n    (i) the Lands Acquisition Act 1955 as applying by virtue of this Act; or\n    (ii) this Act; and\n    (d) claimant, court of summary jurisdiction, mortgagee and mortgagor have the meanings they have in the Lands Acquisition Act 1955.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Crown","content":"#### 4 Crown\n\n  This Act binds the Crown in right of the Commonwealth and in right of the State of Victoria.","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 4A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Delegation","content":"#### 5 Delegation\n\n  (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate all or any powers that are conferred on the Minister by or under this Act to:\n    (a) a Minister of the Crown of Victoria; or\n    (b) an officer of the Department.\n  (2) A Minister of the Crown of the State of Victoria to whom a power has been delegated under subsection (1) may, by writing signed by that Minister, authorise another person to exercise the power so delegated.\n  (3) An authority under subsection (2) may be given to:\n    (a) a specified person; or\n    (b) the person for the time being occupying or performing the duties of a position in the public service of the State of Victoria, being a position specified in the instrument by which the authority is given.\n  (4) Any act or thing done in the exercise of a power by a person to whom that power has been delegated by the Minister under subsection (1) or by a person authorised by a delegate of the Minister under subsection (2) to exercise that power has the same force and effect as if it had been done by the Minister.\n  (5) Where the exercise of a power by the Minister is dependent upon the opinion, belief or state of mind of the Minister in relation to a matter and that power has been delegated under subsection (1), that power may be exercised by the delegate or by a person authorised by the delegate under subsection (2) upon the opinion, belief or state of mind of the delegate or of the authorised person, as the case may be, in relation to that matter.\n  (6) A delegation under subsection (1) does not prevent the exercise of a power by the Minister.\n  (7) The giving of an authority under subsection (2) does not prevent the exercise of a power by the person by whom the authority was given.\n  (8) Where a person purports to exercise a power conferred or expressed to be conferred on the Minister by this Act, it shall be presumed, unless the contrary is established, that the person is duly authorised by a delegation under subsection (1) or by an authority under subsection (1), given pursuant to such a delegation, to exercise the power.","sortOrder":6},{"sectionNumber":"Part II","sectionType":"part","heading":"Vesting of Condah land and Framlingham Forest","content":"## Part II—Vesting of Condah land and Framlingham Forest","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Vesting of Condah land","content":"#### 6 Vesting of Condah land\n\n  (1) On the commencement of this section, the Condah land, other than minerals in the Condah land is, by force of this Act:\n    (a) vested in the Kerrup‑Jmara Elders Aboriginal Corporation; and\n    (b) freed and discharged from all interests (other than interests in minerals), trusts, restrictions, dedications, reservations, obligations, contracts, licences, charges and rates;\n  to the intent that the legal estate in the land and all rights and powers incident to that legal estate are vested in the Kerrup‑Jmara Elders Aboriginal Corporation.\n  (2) On the commencement of this section, the lands delineated and shown hatched on the plan in Part A of Schedule 1 are closed as roads and all rights, easements and privileges existing or claimed either in the public or by any body or person as incident to any past dedication or supposed dedication of them or by user or by any fiction of law cease to exist.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Vesting of Framlingham Forest","content":"#### 7 Vesting of Framlingham Forest\n\n  (1) On the commencement of this section, Framlingham Forest, other than minerals in Framlingham Forest, is, by force of this Act:\n    (a) vested in the Kirrae Whurrong Aboriginal Corporation; and\n    (b) freed and discharged from all interests (other than interests in minerals), trusts, restrictions, dedications, reservations, obligations, contracts, licences, charges and rates;\n  to the intent that the legal estate in the land and all rights and powers incident to that legal estate are vested in the Kirrae Whurrong Aboriginal Corporation.\n  (2) On the commencement of this section, the lands delineated and shown hatched on the plan in Schedule 2 are closed as roads and all rights, easements and privileges existing or claimed either in the public or by any body or person as incident to any past dedication or supposed dedication of them or by user or by any fiction of law cease to exist.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Conversion of interests into claims for compensation","content":"#### 8 Conversion of interests into claims for compensation\n\n  On the commencement of section 6 or 7, as the case requires:\n    (a) the property of the State of Victoria in the Condah land or in Framlingham Forest (other than property in minerals); and\n    (b) each interest of a person (other than the Kerrup‑Jmara Elders Aboriginal Corporation or the Kirrae Whurrong Aboriginal Corporation) in the Condah land or in Framlingham Forest (other than interests in minerals);\n  is converted into a right to compensation under this Act.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Notice to owners","content":"#### 9 Notice to owners\n\n  (1) The Minister shall, as soon as practicable after the commencement of section 6 or 7 cause a copy of a notice of vesting of the land, in accordance with a form approved by the Minister, to be served upon each person who had an interest in the land immediately before the commencement of that section (in this section referred to as an owner), or such of them as can, after careful inquiry, be ascertained.\n  (2) If:\n    (a) the Minister is unable, after careful inquiry, to ascertain the identity of an owner; or\n    (b) service on an owner cannot be effected;\n  service on that owner may be effected by causing a copy of the notice of vesting to be published in a newspaper circulating in the district in which the relevant land is situated.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Registration of vesting","content":"#### 10 Registration of vesting\n\n  (1) After the commencement of section 6 or 7, as the case may require, the Chief Executive Officer of the Aboriginal and Torres Strait Islander Commission shall lodge with the Registrar‑General for Victoria or other proper officer of Victoria a copy of the notice of vesting referred to in section 9, certified by writing signed by the Chief Executive Officer of the Aboriginal and Torres Strait Islander Commission.\n  (2) The officer with whom the copy of a notice of vesting is lodged in pursuance of subsection (1) may register the acquisition in the manner as nearly as may be in which dealings with land are registered, and may deal with and give effect to the copy of the notice of acquisition as if it were a grant, conveyance, memorandum or instrument of transfer of the land to the Corporation duly executed under the laws in force in Victoria.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Compensation","content":"#### 11 Compensation\n\n  In spite of the repeal of the Lands Acquisition Act 1955, Part IV of that Act applies in relation to interests in the Condah land or Framlingham Forest that have been vested in the Corporation by force of this Act as if the land had been acquired by compulsory process under the Lands Acquisition Act 1955 on the commencement of section 6 or 7, as the case may require, and as if the right to compensation under section 8 of this Act were a right to compensation under section 11 of the Lands Acquisition Act 1955.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Miscellaneous","content":"#### 12 Miscellaneous\n\n  In spite of the repeal of the Lands Acquisition Act 1955, sections 13, 55, 58, 59 and 62 of that Act apply in relation to interests in the Condah land or Framlingham Forest that have been vested in the Corporation by force of this Act as if the land had been acquired by compulsory process under the Lands Acquisition Act 1955 on the commencement of section 6 or 7, as the case requires.","sortOrder":14},{"sectionNumber":"Part III","sectionType":"part","heading":"Management of Condah land","content":"## Part III—Management of Condah land","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Management, transfer or lease of land","content":"#### 13 Management, transfer or lease of land\n\n  (1) Upon the vesting of the Condah land in the Kerrup‑Jmara Elders Aboriginal Corporation, the Corporation has:\n    (a) the full power of management, control and enjoyment of the Condah land, subject to the law of Victoria and the Commonwealth;\n    (b) the power to transfer its interest in the Condah land to another Aboriginal and Torres Strait Islander corporation, subject to subsection (2); and\n    (c) the power to give a lease of the Condah land or a licence over the Condah land to the Crown, a public authority of the State of Victoria or of the Commonwealth or any other person, subject to subsection (3).\n  (2) The Kerrup‑Jmara Elders Aboriginal Corporation shall not transfer its interest in the Condah land to another Aboriginal and Torres Strait Islander corporation if there is an objection from a member of the Kerrup‑Jmara Committee of Elders or any other adult member of the Corporation.\n  (3) The Kerrup‑Jmara Elders Aboriginal Corporation shall not give a lease of the Condah land or a licence over the Condah land that is for a period of more than 3 years to a person who is not the Crown or a public authority of the State of Victoria or the Commonwealth unless the Minister has approved the giving of that lease or licence.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Rights of access over Condah land","content":"#### 14 Rights of access over Condah land\n\n  (1) Any legal rights of access over the Condah land existing immediately before the day of vesting (other than the right of access provided by the roads shown hatched on the plan in Part A of Schedule 1) continue to exist on the same terms and conditions as those on which they existed immediately before the day of vesting.\n  (2) Except as otherwise provided in this Act, a person may, in the performance of functions under this Act or otherwise in accordance with this or any other Act or any law of the State of Victoria, enter and remain on the Condah land.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"By‑laws","content":"#### 15 By‑laws\n\n  (1) The Kerrup‑Jmara Elders Aboriginal Corporation may make by‑laws, not inconsistent with any law of the Commonwealth or the State of Victoria, for or with respect to:\n    (a) economic enterprise on the Condah land;\n    (b) cultural activities on the Condah land;\n    (c) the management, access, conservation, fire protection, development and use of the Condah land;\n    (d) the declaration of sacred or significant sites or other areas of significance to Aboriginal people on the Condah land;\n    (e) the activities to be permitted on the Condah land or any part of it;\n    (f) protection and conservation of flora or fauna found on the Condah land;\n    (g) in relation to the Condah land, the cutting, removal and sale of timber, the granting of revocable licences and the payment of royalties for timber to the Corporation;\n    (h) hunting, shooting and fishing on the Condah land;\n    (j) control of visitors in, and charging fees (to be paid to the Corporation) for entrance to, the Condah land;\n    (k) the regulation and control of motor traffic and parking on the Condah land; and\n    (m) the appointment of persons to enforce the by‑laws, and the powers and duties of those persons.\n  (2) The by‑laws may provide that a contravention of a by‑law is an offence.\n  (3) The regulations may provide, in respect of an offence against the by‑laws, for the imposition of:\n    (a) if the offender is a natural person—a fine not exceeding 5 penalty units; or\n    (b) if the offender is a corporation—a fine not exceeding 25 penalty units.\n  (4) The regulations may make provision for and in relation to enabling a person who is alleged to have committed an offence against the by‑laws to pay to the Commonwealth, as an alternative to prosecution, a penalty not exceeding:\n    (a) in the case of a natural person—1 penalty unit; or\n    (b) in the case of a corporation—5 penalty units.\n  (5) If the Kerrup‑Jmara Elders Aboriginal Corporation makes a by‑law, the directors of the Corporation must, within 7 days after making it, give a copy of the by‑law to the Minister.\n  (6) For the purposes of the Legislation Act 2003, a by‑law made by the Kerrup‑Jmara Elders Aboriginal Corporation and received by the Minister is a legislative instrument made by the Minister on the day the by‑law is received.\n\n> Note: A by‑law made by the Corporation and received by the Minister is stated to be a legislative instrument made by the Minister so that the Minister may perform the functions of a rule‑maker in relation to the instrument under the Legislation Act 2003. For example, under that Act a rule‑maker for a legislative instrument is required to lodge the instrument (and any amendments and compilations of the instrument) for registration under that Act.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Sacred and significant sites","content":"#### 16 Sacred and significant sites\n\n  (1) The Kerrup‑Jmara Elders Aboriginal Corporation shall compile a register of sites on the Condah land that are sacred or significant to Aboriginals or any group of Aboriginals and shall record in the register:\n    (a) if a site has been specifically identified, the boundaries of the site; or\n    (b) if a site is known to exist but has not been specifically identified, the boundaries of the site as it is known to exist.\n  (2) The Kerrup‑Jmara Elders Aboriginal Corporation shall keep the register in a manner that is appropriate to prevent disclosure of its contents without the permission of the directors of the Corporation.\n  (3) The directors of the Corporation must make the register available to the Minister, if he or she so requests, for the purposes of considering the making of a declaration under paragraph 30(2)(c).","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Committee of Elders","content":"#### 17 Committee of Elders\n\n  The Kerrup‑Jmara Committee of Elders is that body of persons who are members of the Kerrup‑Jmara Elders Aboriginal Corporation and are considered by Aboriginal tradition and practice and by recognition of the Kerrup‑Jmara Community to be the Committee of Elders.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Powers of Committee of Elders","content":"#### 18 Powers of Committee of Elders\n\n  (1) The powers of the Kerrup‑Jmara Committee of Elders are:\n    (a) subject to the Corporations (Aboriginal and Torres Strait Islander) Act 2006, to declare a specified person to be eligible to be a member of the Kerrup‑Jmara Elders Aboriginal Corporation or any body created by that Corporation;\n    (b) to determine anything with respect to:\n    (i) matters of spiritual, cultural and religious significance to the Corporation;\n    (ii) the management or development of any sacred or significant site on the Condah land;\n    (iii) the maintenance and application within the Corporation of the traditional lores, customs and practices of the Corporation; and\n    (iv) the harvesting, taking, use or pursuit of animal and vegetable life (including fish and bird life) found on the Condah land with limitations as to time, volume and circumstances; and\n    (c) to hear and determine disputes within the Corporation about breaches of traditional customs, lores and practices.\n  (2) A decision of the Committee of Elders is final and binding on all members of the Corporation.\n  (3) The Corporation shall act in accordance with the decisions of the Committee of Elders about all matters in respect of which the Committee has power to make decisions.\n  (4) Nothing in this section has effect so as to confer judicial power on the Committee of Elders.\n  (5) Subject to the Corporations (Aboriginal and Torres Strait Islander) Act 2006, a person is eligible to be a member of the Kerrup‑Jmara Elders Aboriginal Corporation or a body created by the Corporation if, and only if, a declaration in force under paragraph (1)(a) so declares.\n  (6) Where, immediately before the commencement of this section, a person was a member of the Kerrup‑Jmara Elders Aboriginal Corporation or a body created by that Corporation, a declaration under paragraph (1)(a) shall be deemed to be in force in relation to that person.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Winding up","content":"#### 19 Winding up\n\n  If the Kerrup‑Jmara Elders Aboriginal Corporation is wound up and its interest in the Condah land has not been transferred to another Aboriginal and Torres Strait Islander corporation under this Act:\n    (a) by force of this Act, that interest in the Condah land is, subject to paragraph (b), vested in the Commonwealth on trust for the benefit of the Aboriginal people of Victoria; and\n    (b) the Governor‑General shall, to the extent of that interest, execute a deed of grant of an estate in the Condah land:\n    (i) to another Aboriginal and Torres Strait Islander corporation that is approved by the Minister and whose members are the descendants of the Kerrup‑Jmara Clan; or\n    (ii) if there is no Aboriginal and Torres Strait Islander corporation as described in subparagraph (i)—to any appropriate Aboriginal and Torres Strait Islander corporation.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Change of ownership of land","content":"#### 20 Change of ownership of land\n\n  If the Condah land is transferred or granted to another Aboriginal and Torres Strait Islander corporation (the transferee corporation) in accordance with this Act:\n    (a) this Act has effect in relation to the transferee corporation and to the Condah land as if:\n    (i) a reference in this Act to the Kerrup‑Jmara Elders Aboriginal Corporation were a reference to the transferee corporation; and\n    (ii) references to the Committee of Elders were references to such Committee of Elders as is declared by the Governor‑General by Proclamation for the purposes of this section; and\n    (iii) references to the directors of the Corporation were references to the directors of the transferee corporation; and\n    (b) the transferee corporation is deemed to be the successor in law of the Corporation or Aboriginal and Torres Strait Islander corporation in or to which the Condah land was last vested or granted and has all the powers, duties, rights and liabilities of that Corporation or Aboriginal and Torres Strait Islander corporation.","sortOrder":23},{"sectionNumber":"Part IV","sectionType":"part","heading":"Management of Framlingham Forest","content":"## Part IV—Management of Framlingham Forest","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Management, transfer or lease of Framlingham Forest","content":"#### 21 Management, transfer or lease of Framlingham Forest\n\n  (1) Upon the vesting of Framlingham Forest in the Kirrae Whurrong Aboriginal Corporation, the Corporation has:\n    (a) the full power of management, control and enjoyment of Framlingham Forest, subject to the law of Victoria and the Commonwealth;\n    (b) the power to transfer its interest in Framlingham Forest to another Aboriginal and Torres Strait Islander corporation, subject to subsection (2); and\n    (c) the power to give a lease of Framlingham Forest or a licence over Framlingham Forest to the Crown, a public authority of the State of Victoria or of the Commonwealth or any other person, subject to subsection (3).\n  (2) The Kirrae Whurrong Aboriginal Corporation shall not transfer its interest in Framlingham Forest to another Aboriginal and Torres Strait Islander corporation if there is an objection from a member of the Kirrae Whurrong Committee of Elders or an adult member of the Corporation.\n  (3) The Kirrae Whurrong Aboriginal Corporation shall not give a lease of Framlingham Forest or a licence over Framlingham Forest that is for a period of more than 3 years to a person who is not the Crown or a public authority of the State of Victoria or the Commonwealth unless the Minister has approved the giving of that lease or licence.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Rights of access over Framlingham Forest","content":"#### 22 Rights of access over Framlingham Forest\n\n  (1) Any legal rights of access over Framlingham Forest existing immediately before the day of vesting (other than the right of access provided by the roads shown hatched on the plan in Schedule 2) continue to exist on the same terms and conditions as those on which they existed immediately before the day of vesting.\n  (2) Except as otherwise provided in this Act, a person may, in the performance of functions under this Act or otherwise in accordance with this or any other Act or any law of the State of Victoria, enter and remain in Framlingham Forest.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"By‑laws","content":"#### 23 By‑laws\n\n  (1) The Kirrae Whurrong Aboriginal Corporation may make by‑laws, not inconsistent with any law of the Commonwealth or the State of Victoria, for or with respect to:\n    (a) economic enterprise in Framlingham Forest;\n    (b) cultural activities in Framlingham Forest;\n    (c) the management, access, conservation, fire protection, development and use of Framlingham Forest;\n    (d) the declaration of sacred or significant sites or other areas of significance to Aboriginal people in Framlingham Forest;\n    (e) the activities to be permitted in Framlingham Forest or any part of it;\n    (f) protection and conservation of flora and fauna found in Framlingham Forest;\n    (g) in relation to Framlingham Forest, the cutting, removal and sale of timber, the granting of revocable licences and the payment of royalties for timber to the Corporation;\n    (h) hunting, shooting and fishing in Framlingham Forest;\n    (j) control of visitors in, and charging fees (to be paid to the Corporation) for entrance to, Framlingham Forest;\n    (k) the regulation and control of motor traffic and parking in Framlingham Forest; and\n    (m) the appointment of persons to enforce the by‑laws, and the powers and duties of those persons.\n  (2) The by‑laws may provide that a contravention of a by‑law is an offence.\n  (3) The regulations may provide, in respect of an offence against the by‑laws, for the imposition of:\n    (a) if the offender is a natural person—a fine not exceeding 5 penalty units; or\n    (b) if the offender is a corporation—a fine not exceeding 25 penalty units.\n  (4) The regulations may make provision for and in relation to enabling a person who is alleged to have committed an offence against the by‑laws to pay to the Commonwealth, as an alternative to prosecution, a penalty not exceeding:\n    (a) in the case of a natural person—1 penalty unit; or\n    (b) in the case of a corporation—5 penalty units.\n  (5) If the Kirrae Whurrong Aboriginal Corporation makes a by‑law, the Community Council shall, within 7 days after making it, give a copy of the by‑law to the Minister.\n  (6) For the purposes of the Legislation Act 2003, a by‑law made by the Kirrae Whurrong Aboriginal Corporation and received by the Minister is a legislative instrument made by the Minister on the day the by‑law is received.\n\n> Note: A by‑law made by the Corporation and received by the Minister is stated to be a legislative instrument made by the Minister so that the Minister may perform the functions of a rule‑maker in relation to the instrument under the Legislation Act 2003. For example, under that Act a rule‑maker for a legislative instrument is required to lodge the instrument (and any amendments and compilations of the instrument) for registration under that Act.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Sacred and significant sites","content":"#### 24 Sacred and significant sites\n\n  (1) The Kirrae Whurrong Aboriginal Corporation shall compile a register of sites in Framlingham Forest that are sacred or significant to Aboriginals or any group of Aboriginals and shall record in the register:\n    (a) if a site has been specifically identified, the boundaries of the site; or\n    (b) if a site is known to exist but has not been specifically identified, the boundaries of the site as it is known to exist.\n  (2) The Kirrae Whurrong Aboriginal Corporation shall keep the register in a manner that is appropriate to prevent disclosure of its contents without the permission of the Community Council.\n  (3) The Community Council shall make the register available to the Minister, if he or she so requests, for the purposes of considering the making of a declaration under paragraph 30(2)(c).","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Membership","content":"#### 25 Membership\n\n  (1) A person is eligible to be a member of the Kirrae Whurrong Aboriginal Corporation if, and only if, the person has resided on Framlingham Reserve for a continuous period of more than 12 months (whether before or after, or before and after, the commencement of this subsection).\n  (2) At least one‑half of the members of the Community Council shall be persons who are residents of the Framlingham Reserve.\n  (3) This section has effect notwithstanding anything to the contrary in the Corporations (Aboriginal and Torres Strait Islander) Act 2006.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Committee of Elders","content":"#### 26 Committee of Elders\n\n  (1) The Kirrae Whurrong Committee of Elders is that body of persons who are members of the Kirrae Whurrong Aboriginal Corporation and are considered by Aboriginal tradition and practice and by recognition of those Aboriginals living in the Framlingham Forest area to be the Committee of Elders.\n  (2) At least one‑half of the members of the Kirrae Whurrong Committee of Elders shall be persons who are residents of Framlingham Reserve.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Power of Committee of Elders","content":"#### 27 Power of Committee of Elders\n\n  (1) The powers of the Kirrae Whurrong Committee of Elders are:\n    (a) subject to section 25 and to the Corporations (Aboriginal and Torres Strait Islander) Act 2006, to declare a specified person to be eligible to be a member of the Kirrae Whurrong Aboriginal Corporation or any body created by the Corporation;\n    (b) to determine anything with respect to:\n    (i) matters of spiritual, cultural and religious significance to the Corporation;\n    (ii) the management or development of any sacred or significant site in Framlingham Forest;\n    (iii) the maintenance and application within the Corporation of the traditional lores, customs and practices of the Corporation; and\n    (iv) the harvesting, taking, use or pursuit of animal and vegetable life (including fish and bird life) found in Framlingham Forest with limitations as to time, volume and circumstances; and\n    (c) to hear and determine disputes within the Corporation about breaches of traditional customs, lores and practices.\n  (2) A decision of the Committee of Elders is final and binding on all members of the Corporation.\n  (3) The Corporation shall act in accordance with the decisions of the Committee of Elders about all matters in respect of which the Committee has power to make decisions.\n  (4) Nothing in this section has effect so as to confer judicial power on the Committee of Elders.\n  (5) Subject to the Corporations (Aboriginal and Torres Strait Islander) Act 2006, a person is eligible to be a member of the Kirrae Whurrong Aboriginal Corporation or a body created by that Corporation if, and only if, a declaration in force under paragraph (1)(a) so declares.","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Winding up","content":"#### 28 Winding up\n\n  If the Kirrae Whurrong Aboriginal Corporation is wound up and its interest in Framlingham Forest has not been transferred to another Aboriginal and Torres Strait Islander corporation under this Act:\n    (a) by force of this Act, that interest in Framlingham Forest is, subject to paragraph (b), vested in the Commonwealth on trust for the benefit of the Aboriginal people of Victoria; and\n    (b) the Governor‑General shall, to the extent of that interest, execute a deed of grant of an estate in Framlingham Forest:\n    (i) to another Aboriginal and Torres Strait Islander corporation that is approved by the Minister and whose members are the descendants of the Kirrae Whurrong (Pertobe) Clan; or\n    (ii) if there is no Aboriginal and Torres Strait Islander corporation as described in subparagraph (i)—to any appropriate Aboriginal and Torres Strait Islander corporation.","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Change of ownership of land","content":"#### 29 Change of ownership of land\n\n  If Framlingham Forest is transferred or granted to another Aboriginal and Torres Strait Islander corporation (the transferee corporation) in accordance with this Act:\n    (a) this Act has effect in relation to the transferee corporation and to Framlingham Forest as if:\n    (i) a reference in this Act to the Kirrae Whurrong Aboriginal Corporation were a reference to the transferee corporation; and\n    (ii) references to the Committee of Elders were references to such Committee of Elders as is declared by the Governor‑General by Proclamation for the purposes of this section; and\n    (iii) references to the directors of the Corporation were references to the directors of the transferee corporation; and\n    (b) the transferee corporation is deemed to be the successor in law of the Corporation or Aboriginal and Torres Strait Islander corporation in or to which Framlingham Forest was last vested or granted and has all the powers, duties, rights and liabilities of that Corporation or Aboriginal and Torres Strait Islander corporation.","sortOrder":33},{"sectionNumber":"Part V","sectionType":"part","heading":"Mining","content":"## Part V—Mining","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Mining operations","content":"#### 30 Mining operations\n\n  (1) Subject to subsection (2), a person shall not, under the authority of a mining tenement that has been granted, renewed or extended on or after the day of vesting:\n    (a) carry out any mining operation on the relevant land; or\n    (b) enter the relevant land with the intention of carrying out any mining operation.\n\nPenalty:\n\n    (a) for an offence against paragraph (1)(a):\n    (i) if the person is a natural person—50 penalty units; or\n    (ii) if the person is a body corporate—250 penalty units; or\n    (b) for an offence against paragraph (1)(b):\n    (i) if the person is a natural person—10 penalty units; or\n    (ii) if the person is a body corporate—50 penalty units.\n  (2) Subsection (1) does not apply in relation to anything done with respect to relevant land if:\n    (a) the Corporation has granted the necessary permission under section 31;\n    (b) the Minister has declared in writing that he or she is satisfied that the Corporation was given a reasonable opportunity to make submissions to the relevant Minister of the Crown of the State of Victoria about the conditions on which the grant, renewal or extension of the mining tenement should be made; and\n    (c) if section 34 applies—the Minister has declared in writing that he or she is satisfied that any registered sacred or significant site has been appropriately protected.\n  (3) Regulations made for the purposes of section 124 of the Lands Acquisition Act 1989 do not apply to the relevant land.","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Permission to carry out mining operation","content":"#### 31 Permission to carry out mining operation\n\n  (1) A person who has applied for a mining tenement, or for the renewal variation or extension of a mining tenement, in relation to the relevant land may, with the approval of the Minister, apply to the Corporation for permission to carry out the operations to which the first‑mentioned application relates.\n  (2) An application:\n    (a) shall be in writing;\n    (b) shall be lodged with the Corporation; and\n    (c) shall include or be accompanied by all the information submitted by the applicant in support of the application for or relating to the mining tenement.\n  (3) If the Corporation so requests, the applicant shall supply it with any further information in writing that it reasonably requires so that it can decide whether to grant the application.\n  (4) As soon as practicable after applying for permission, or after supplying any further information to the Corporation, the applicant shall give the Minister a copy of the application, or of the further information.\n  (5) After receiving an application for permission, the Corporation may:\n    (a) refuse permission;\n    (b) grant permission without any conditions; or\n    (c) grant permission on any conditions that it considers appropriate and are not inconsistent with any law of the State or the Commonwealth in force in Victoria.\n  (6) As soon as practicable after granting or refusing permission, the Corporation shall give notice in writing to the applicant of that decision.\n  (7) The applicant shall, within 7 days after receiving the notice, give a copy of the notice to the Minister.\n  (8) If, at the end of 120 days after applying, an applicant has not received notice from the Corporation of its decision on the application, the Corporation shall be deemed to have made a decision to refuse permission.\n  (9) The Corporation may require the applicant to pay a reasonable fee for expenses incurred by it in processing the application.\n  (10) If the Corporation receives fees from an applicant and later grants permission to the applicant on the condition that the applicant give any payment or other consideration to the Corporation, the Corporation shall treat the amount of the costs and expenses received as payment towards the payment or consideration.","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Payments and other consideration","content":"#### 32 Payments and other consideration\n\n  (1) If:\n    (a) the Corporation grants permission to a person to carry out mining operations;\n    (b) the person agrees to the conditions on which the permission is granted; and\n    (c) the conditions provide that the person gives any payment or other consideration to the Corporation;\n  the person shall, within 14 days after agreeing to the conditions, notify the Minister of the terms of the agreement.\n  (2) The payment or other consideration:\n    (a) shall be reasonable for any disturbance to the relevant land and to the traditional owners of the land and their lifestyle that has resulted or is likely to result from the granting of a mining tenement;\n    (b) in the case of an application for a licence or permit referred to in paragraph (a) of the definition of mining tenement in section 3—shall not exceed any amount that would have become payable as compensation under an Act of Victoria mentioned in that paragraph in respect of any operations carried out under that licence or permit; and\n    (c) in the case of an application for a lease, licence, permit or other authority referred to in paragraph (b) of that definition—may exceed any amount that would have become payable as compensation under an Act of Victoria mentioned in that paragraph in respect of any operations carried on under that lease, licence, permit or other authority.","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Conciliation and review","content":"#### 33 Conciliation and review\n\n  (1) If an applicant under section 31 notifies the Minister that the Corporation has granted permission on any conditions to which the applicant objects, or has refused permission, the Minister shall arrange to meet with the Corporation and the applicant to attempt to resolve the matter by conciliation.\n  (2) If, at the end of the conciliation proceedings, the conciliation is unsuccessful, the applicant and the Corporation shall, within 60 days thereafter, appoint an arbitrator to review the decision of the Corporation.\n  (3) If:\n    (a) the applicant and the Corporation are unable to appoint an arbitrator within that period; and\n    (b) the applicant requests the Minister to appoint an arbitrator;\n  the Minister shall appoint an arbitrator, being a person whom the Minister considers to be in a position to deal with the matter impartially.\n  (4) In reviewing the decision of the Corporation, the arbitrator shall consider the following factors:\n    (a) the effect that the entry onto the relevant land and the carrying out of mining operations on the land would have on:\n    (i) the preservation and protection of the lifestyle, culture and traditions of the traditional owners of the land;\n    (ii) the proposals and wishes of the traditional owners of the land about its management, use and control;\n    (iii) the development of the social, cultural and economic structures of the traditional owners; and\n    (iv) the freedom of access of the traditional owners of the land and their freedom to carry out, in accordance with tradition, rites, ceremonies and other activities on the land;\n    (b) the suitability of the applicant to carry out the proposed mining operations and the applicant’s capacity, in carrying out those operations, to minimise any disturbance to the traditional owners and the land;\n    (c) the preservation of the natural environment;\n    (d) the economic and any other significance of the proposed mining operations to the State of Victoria and to the Commonwealth.\n  (5) The arbitrator shall make a decision:\n    (a) confirming the decision of the Corporation;\n    (b) varying the decision of the Corporation; or\n    (c) setting aside the decision of the Corporation and making a decision (being a decision that the Corporation could have made under this section) in substitution for the decision of the Corporation.\n  (6) The decision of the Corporation as varied by the arbitrator, or a decision made by the arbitrator in substitution for the decision of the Corporation shall, except for the purposes of subsection (2), be deemed to be a decision of the Corporation and has effect, unless the arbitrator otherwise determines, on and from the day on which the decision of the Corporation had effect.","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Sacred or significant sites","content":"#### 34 Sacred or significant sites\n\n  (1) If a person applies for a mining tenement in relation to relevant land after the day of vesting, the Minister shall consult with the Corporation to ascertain whether the land to which the application relates includes the whole or part of any sacred or significant site registered under section 16 or 24.\n  (2) If the Minister is satisfied that the land does include the whole or part of a registered sacred or significant site:\n    (a) the Minister shall give the applicant any information about the site and its location that the Minister considers appropriate; and\n    (b) the Corporation shall be deemed to have advised the Minister under Part IIA of the Aboriginal and Torres Strait Islanders Heritage Protection Act 1984 that it considers that a declaration under section 21E of that Act should be made.\n  (3) Unless the Minister otherwise determines in a particular case, this section does not apply in relation to the renewal or extension of a mining tenement.","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Offences","content":"#### 35 Offences\n\n  A person shall not, without the consent of the Minister, give or offer, or agree to give or offer, any payment or other consideration (not being payment or other consideration given as a complete or partial discharge of a liability under this Act or payment of a royalty under this Act for any minerals recovered from the relevant land) with the intention of obtaining the permission of the Corporation to carry out any mining operation on the relevant land.\n\nPenalty:\n\n    (a) if the person is a natural person—20 penalty units; or\n    (b) if the person is a body corporate—100 penalty units.","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Entry onto relevant land and mining tenements","content":"#### 36 Entry onto relevant land and mining tenements\n\n  Subject to section 30, if the Corporation grants permission to a person to carry out any mining operation on the relevant land, the person and the person’s agents, contractors and employees, may enter the relevant land:\n    (a) for the purpose of carrying out the mining operation; and\n    (b) subject to any conditions upon which permission is granted; and\n    (c) subject to the Mineral Resources Development Act 1990 of Victoria, the Petroleum Act 1958 of Victoria and the Extractive Industries Act 1966 of Victoria, but without requiring any further permission to enter the land under any of those Acts.","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Offences by corporations","content":"#### 37 Offences by corporations\n\n  (1) Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, employee or agent of the corporation, being a director, employee or agent by whom the conduct was engaged in within the scope of actual or apparent authority, had that state of mind.\n  (2) Any conduct engaged in on behalf of a corporation:\n    (a) by a director, employee or agent of the corporation within the scope of actual or apparent authority; or\n    (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, employee or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent;\n  shall be deemed, for the purposes of any proceedings for an offence against this Act, to have been engaged in by the corporation.\n  (3) A reference in subsection (1) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":42},{"sectionNumber":"Part VI","sectionType":"part","heading":"Funding","content":"## Part VI—Funding","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Aboriginal Advancement Account","content":"#### 38 Aboriginal Advancement Account\n\n  (1) The Aboriginal Advancement Account is established for the purpose of furthering the social and economic advancement of Aboriginal people living in Victoria.\n  (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n  (3) There must be credited to the Account amounts determined by the regulations.\n  (4) Amounts standing to the credit of the Account must be debited from the Account for the purposes of the making by the Commonwealth of payments to further the social and economic advancement of Aboriginal people living in Victoria.\n  (5) If interest is received by the Commonwealth from the investment of an amount standing to the credit of the Account, an amount equal to the interest must be credited to the Account.","sortOrder":44},{"sectionNumber":"38A","sectionType":"section","heading":"Notional accounts within the Aboriginal Advancement Account","content":"#### 38A Notional accounts within the Aboriginal Advancement Account\n\n  (1) The regulations may create separate notional accounts within the Aboriginal Advancement Account in the name of particular Aboriginal groups living in Victoria.\n  (2) Amounts determined in accordance with the regulations must be credited to the notional accounts. To avoid doubt, amounts that may be so determined include amounts required to be credited to the Aboriginal Advancement Account under subsection 38(5).\n  (3) Amounts standing to the credit of a notional account must be debited from the account for the purposes of the making by the Commonwealth of payments to further the social and economic advancement of the Aboriginal group in whose name the notional account was created.","sortOrder":45},{"sectionNumber":"Part VII","sectionType":"part","heading":"Miscellaneous","content":"## Part VII—Miscellaneous","sortOrder":46},{"sectionNumber":"39","sectionType":"section","heading":"Exemption from land tax","content":"#### 39 Exemption from land tax\n\n  The Condah land and Framlingham Forest are exempt from land tax under the Land Tax Act 1958 of Victoria.","sortOrder":47},{"sectionNumber":"40","sectionType":"section","heading":"Compensation for acquisition of property","content":"#### 40 Compensation for acquisition of property\n\n  (1) Where, but for this section, the operation of this Act would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by the Commonwealth such reasonable amount of compensation as is agreed upon between the person and the Commonwealth or, failing agreement, as is determined by the Federal Court.\n  (2) In subsection (1), acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.","sortOrder":48},{"sectionNumber":"41","sectionType":"section","heading":"Regulations","content":"#### 41 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":49},{"sectionNumber":"Part A","sectionType":"part","heading":null,"content":"## Part A\n\n![](image.002.png)","sortOrder":50},{"sectionNumber":"Part B","sectionType":"part","heading":null,"content":"## Part B\n\n![](image.003.png)\n\nSchedule 2—Land in the Parish of Purnim to be vested in the Kirrae Whurrong Aboriginal Corporation\n\nSection 7\n\n![](image.004.png)","sortOrder":51}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"15(6) and 23(6)","severity":"high","reasoning":"Section 15(5) requires the Corporation's directors to give a copy of the by-law to the Minister within 7 days after the Corporation makes it. Section 15(6) then deems the by-law to be a legislative instrument 'made by the Minister' on the day received. The Minister is thus attributed authorship of an instrument made entirely by a third party, with no power to reject or amend it. The Minister becomes the nominal rule-maker of rules they cannot control, creating a fundamental attribution fiction that contradicts the actual legislative process.","confidence":0.92,"description":"By-laws made by the Aboriginal corporations are deemed to be legislative instruments 'made by the Minister' on the day received, even though the Minister had no role in making them. This creates a legal fiction where the Minister is treated as the author of instruments they did not draft, consider, or approve."},{"type":"impossible_compliance","section":"13(2)","severity":"medium","reasoning":"Section 13(2) prohibits transfer if there is an objection from 'a member of the Kerrup-Jmara Committee of Elders or any other adult member of the Corporation.' This means a single adult member out of the entire membership can permanently block a transfer decision made by the Corporation's governing body. This effectively gives every adult member an individual veto right, making any transfer practically impossible in a large or divided community, while simultaneously the Corporation is granted the 'power to transfer' under s.13(1)(b).","confidence":0.82,"description":"The transfer restriction is rendered practically absolute and potentially impossible to satisfy — any single member of the Corporation (including a corporation with potentially many members) can veto a transfer, meaning unanimous consent of all adult members is effectively required."},{"type":"impossible_compliance","section":"21(2)","severity":"medium","reasoning":"Section 21(1)(b) grants the power to transfer, while s.21(2) negates it by allowing any single adult member to block the transfer. The grant and prohibition are logically inconsistent as applied in practice.","confidence":0.82,"description":"Same as s.13(2) — the Kirrae Whurrong Aboriginal Corporation's power to transfer Framlingham Forest is illusory because any single adult member can veto it."},{"type":"other","section":"25(1)","severity":"low","reasoning":"The definition of 'Framlingham Reserve' in s.3 refers to land shown on the plan in the First Schedule to the Aboriginal Lands Act 1970 of Victoria. If Victoria amends that Act or its schedule, the membership eligibility threshold under the Commonwealth Act could shift without Commonwealth Parliament acting. This creates a structural dependency and potential for unintended membership changes driven by State legislative action.","confidence":0.7,"description":"Membership eligibility for the Kirrae Whurrong Aboriginal Corporation is conditioned on having resided on 'Framlingham Reserve' for a continuous period of more than 12 months, but 'Framlingham Reserve' is defined by reference to the Aboriginal Lands Act 1970 (Vic) — a Victorian statute — meaning Commonwealth legislation delegates eligibility determinations to the definitional scope of a State Act that could be amended or repealed without Commonwealth Parliamentary action."},{"type":"impossible_compliance","section":"33(2)","severity":"medium","reasoning":"The requirement for joint appointment of an arbitrator by parties who have already failed conciliation creates an obvious impasse. The provision for Ministerial appointment only triggers if the applicant requests it under s.33(3), meaning the applicant must take the additional step of requesting Ministerial intervention. The 60-day window for joint appointment is structurally designed to fail in contested cases.","confidence":0.78,"description":"Section 33(2) requires both the applicant AND the Corporation — adversarial parties in a dispute — to jointly appoint an arbitrator within 60 days of unsuccessful conciliation. This is structurally likely to fail, as the losing party (usually the Corporation whose refusal is being challenged) has no incentive to cooperate in appointing an arbitrator."},{"type":"circular_definition","section":"17","severity":"medium","reasoning":"The Committee of Elders is identified by community recognition, but the 'Kerrup-Jmara Community' is not defined in the Act. The definition is self-referential and provides no objective legal test for membership. Given that s.18(2) makes decisions of the Committee of Elders 'final and binding,' disputes about who constitutes the Committee have major legal consequences with no resolution mechanism.","confidence":0.85,"description":"The Kerrup-Jmara Committee of Elders is defined circularly and without objective criteria — it is 'that body of persons who are members of the Corporation and are considered by Aboriginal tradition and practice and by recognition of the Kerrup-Jmara Community to be the Committee of Elders.' There is no mechanism to resolve disputes about who constitutes this body."},{"type":"circular_definition","section":"26(1)","severity":"medium","reasoning":"Same structural problem as s.17. 'Those Aboriginals living in the Framlingham Forest area' is not a legally defined group, making the recognition criterion itself uncertain. Combined with the binding decision-making power under s.27(2), the inability to objectively identify Committee members creates significant legal uncertainty.","confidence":0.85,"description":"The Kirrae Whurrong Committee of Elders has the same circular definitional problem — it is those persons 'considered by Aboriginal tradition and practice and by recognition of those Aboriginals living in the Framlingham Forest area to be the Committee of Elders.'"},{"type":"self_contradicting","section":"16(1)(b)","severity":"medium","reasoning":"A site that is 'known to exist but has not been specifically identified' is by definition not located with sufficient precision to establish boundaries. The provision requires the Corporation to record boundaries of something it cannot locate precisely, which is an internally contradictory obligation.","confidence":0.88,"description":"The register of sacred sites must record 'the boundaries of the site as it is known to exist' even for sites that 'have not been specifically identified.' Recording boundaries of an unidentified site is logically contradictory — if the site has not been specifically identified, its boundaries cannot be known."},{"type":"self_contradicting","section":"24(1)(b)","severity":"medium","reasoning":"Identical issue to s.16(1)(b) applied to Framlingham Forest.","confidence":0.88,"description":"Same logical contradiction as s.16(1)(b) — requires boundaries to be recorded for sites not specifically identified."},{"type":"impossible_compliance","section":"10(1)","severity":"high","reasoning":"The ATSIC was abolished before the current text of this Act was consolidated. The obligation to lodge falls on an officer of a non-existent body, creating a structural gap in the registration process for any future vesting events. No successor provision appears to have been substituted in this Act.","confidence":0.9,"description":"Section 10(1) requires the Chief Executive Officer of the 'Aboriginal and Torres Strait Islander Commission' to lodge notice of vesting — however, the Aboriginal and Torres Strait Islander Commission was abolished in 2005 by the Aboriginal and Torres Strait Islander Commission Amendment Act 2005, leaving this provision with no functional officer capable of performing this obligation."},{"type":"self_contradicting","section":"18(4) and 18(2)","severity":"high","reasoning":"Under the separation of powers doctrine in Australian constitutional law (as applied to Commonwealth legislation under Chapter III), conferring binding dispute-resolution power on a non-judicial body is problematic. The Act simultaneously grants the Committee final and binding dispute-determination power (s.18(2)-(3)) and denies it confers judicial power (s.18(4)). These provisions are in direct logical tension.","confidence":0.86,"description":"Section 18(2) makes decisions of the Committee of Elders 'final and binding on all members of the Corporation' including decisions under s.18(1)(c) to 'hear and determine disputes within the Corporation about breaches of traditional customs,' yet s.18(4) states nothing in the section confers 'judicial power' on the Committee. Making final and binding determinations of disputes is the very definition of judicial power."},{"type":"self_contradicting","section":"27(4) and 27(2)","severity":"high","reasoning":"Identical issue to ss.18(2) and 18(4).","confidence":0.86,"description":"Same self-contradiction as ss.18(4) and 18(2) — Kirrae Whurrong Committee of Elders has final and binding dispute-determination power but is stated not to exercise judicial power."},{"type":"circular_definition","section":"3 (definition of 'mining operation')","severity":"low","reasoning":"The intended meaning is 'any operation carried out for mining purposes' — 'from' is nonsensical in this context. As drafted, the definition is grammatically broken and arguably circular, as 'mining operation' is defined by reference to 'mining purposes' which is defined by reference to operations. Even correcting 'from' to 'for,' the circularity remains: mining operation = operation for mining purposes; mining purposes = purposes of [various operations] — creating a circular chain.","confidence":0.83,"description":"The definition of 'mining operation' is 'any operation carried out from mining purposes' — the word 'from' appears to be a typographical error for 'for', but as enacted creates a grammatically incoherent definition that is circular: an operation carried out 'from' its own purposes."}],"contradictions":[{"severity":"high","section_a":"13(1)(b)","section_b":"13(2)","confidence":0.85,"description":"Section 13(1)(b) grants the Kerrup-Jmara Elders Aboriginal Corporation 'the power to transfer its interest in the Condah land' while s.13(2) effectively nullifies this power by allowing any single adult member to veto the transfer."},{"severity":"high","section_a":"21(1)(b)","section_b":"21(2)","confidence":0.85,"description":"Section 21(1)(b) grants the Kirrae Whurrong Aboriginal Corporation the power to transfer Framlingham Forest while s.21(2) effectively nullifies this power by allowing any single adult member or Committee of Elders member to veto the transfer."},{"severity":"high","section_a":"15(5)","section_b":"15(6)","confidence":0.92,"description":"Section 15(5) establishes that by-laws are made by the Corporation's directors, while s.15(6) deems the same by-laws to be legislative instruments 'made by the Minister.' The maker of the instrument cannot simultaneously be the Corporation's directors and the Minister."},{"severity":"high","section_a":"23(5)","section_b":"23(6)","confidence":0.92,"description":"Section 23(5) requires the Community Council (directors of Kirrae Whurrong Aboriginal Corporation) to give a copy of by-laws to the Minister, establishing the Corporation as the maker, while s.23(6) deems the by-laws to be made by the Minister. Same contradiction as ss.15(5)-(6)."},{"severity":"medium","section_a":"25(5)","section_b":"27(1)(a)","confidence":0.75,"description":"Section 25(1) establishes that eligibility for membership of the Kirrae Whurrong Aboriginal Corporation requires 12 months' residence on Framlingham Reserve. However, s.27(1)(a) grants the Committee of Elders power to declare persons eligible for membership 'subject to section 25.' If the Committee cannot override the residency requirement, its eligibility declaration power for the Kirrae Whurrong Corporation is effectively redundant as the residency criterion is the only stated eligibility criterion under s.25(1)."},{"severity":"high","section_a":"18(2)","section_b":"18(4)","confidence":0.86,"description":"Section 18(2) provides that decisions of the Committee of Elders are 'final and binding' including on dispute determinations under s.18(1)(c), while s.18(4) states nothing confers judicial power. Final and binding dispute determination is judicial power under Australian constitutional law, creating a direct internal contradiction."},{"severity":"high","section_a":"27(2)","section_b":"27(4)","confidence":0.86,"description":"Same contradiction as ss.18(2) and 18(4) for the Kirrae Whurrong Committee of Elders."},{"severity":"medium","section_a":"8","section_b":"6(1)(b)","confidence":0.72,"description":"Section 6(1)(b) provides that the Condah land is freed and discharged from all interests (other than mineral interests). Section 8 then converts the 'property of the State of Victoria in the Condah land' and 'each interest of a person' into a right to compensation. If interests are extinguished by s.6(1)(b), there is a tension as to whether they can simultaneously be 'converted' by s.8 — the interest must exist to be converted, yet s.6(1)(b) purports to discharge all interests simultaneously with vesting."},{"severity":"low","section_a":"30(1)","section_b":"36","confidence":0.65,"description":"Section 30(1) prohibits mining operations under a tenement granted on or after the day of vesting unless exemptions under s.30(2) apply. Section 36 then provides that if the Corporation grants permission, the person 'may enter the relevant land... subject to section 30.' This creates a circular dependency where entry is subject to s.30, which requires compliance with s.30(2), which requires permission under s.31, which is the same permission referred to in s.36."},{"severity":"low","section_a":"19(a)","section_b":"19(b)","confidence":0.68,"description":"On winding up, s.19(a) vests the land in the Commonwealth 'subject to paragraph (b),' while s.19(b) requires the Governor-General to execute a deed of grant. The land is simultaneously vested in the Commonwealth (a completed act 'by force of this Act') and subject to an obligation to re-grant. There is no timeframe for the re-grant, leaving an indeterminate period where the Commonwealth holds land already deemed vested but obligated to be granted away."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: transferring land title at Lake Condah and Framlingham Forest to the respective Aboriginal corporations and establishing governance and management frameworks for those lands. Amendments over time (such as updating references to reflect the Corporations (Aboriginal and Torres Strait Islander) Act 2006 and the Public Governance, Performance and Accountability Act 2013) reflect administrative modernisation rather than any expansion or contraction of the Act's fundamental scope."},"complexity_factors":["Dual land grant structure requiring parallel provisions for two separate corporations and land parcels throughout the Act","Multi-layered governance involving Aboriginal corporations, Committees of Elders, Commonwealth Minister, Victorian Ministers and arbitrators — each with distinct roles","Complex mining regime with multiple sequential steps (application, Corporation decision, conciliation, arbitration) and specific conditions for exemption from the general prohibition","Interaction with multiple Victorian statutes (Mineral Resources Development Act, Petroleum Act, Extractive Industries Act, Aboriginal Lands Act, Land Tax Act) and repealed Commonwealth legislation (Lands Acquisition Act 1955)","By-laws made by Corporations are treated as legislative instruments made by the Minister — an unusual legal fiction requiring understanding of the Legislation Act 2003 framework","Sacred site register provisions interact with the Aboriginal and Torres Strait Islanders Heritage Protection Act 1984, creating a deemed notification mechanism","Succession and change of ownership provisions with Governor-General Proclamation requirements add contingent complexity","Compensation mechanism applies a repealed Act (Lands Acquisition Act 1955) as if it still applied, requiring readers to locate and understand that historical legislation","Membership eligibility for Kirrae Whurrong Corporation tied to residency requirements that override standard corporate law (Corporations (Aboriginal and Torres Strait Islander) Act 2006)"],"plain_english_summary":"This 1987 Act transfers Lake Condah and Framlingham Forest to the Kerrup‑Jmara Elders and Kirrae Whurrong Aboriginal Corporations, giving them full ownership and control to manage, make by‑laws, lease, and collect fees, while extinguishing prior interests that are compensated by the Commonwealth and exempt from Victorian land tax.\n\nCorps must keep confidential sacred‑site registers; mining is tightly restricted (corporate consent, ministerial oversight, arbitration); Committees of Elders have binding cultural authority; if a corporation winds up the land is re‑granted to a related Aboriginal corporation."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act’s scope is self‑contained and confined to vesting the specified lands in the named Aboriginal corporations and establishing related governance, mining, compensation and funding regimes (ss 6–7, 13, 21, 30–38). It does not extend beyond those lands or corporations; its principal effects are legal‑title transfer, statutory management powers, limited ministerial oversight of leases and mining, and creation of compensation and funding mechanisms."},"complexity_factors":["Vesting mechanics converting pre‑existing Crown and private interests into compensation rights (ss 6–9, 11–12) — interacts with the repealed Lands Acquisition Act and the Lands Acquisition Act 1989.","Differential treatment of minerals (reservation of mineral rights) versus surface estate (ss 6(1), 7(1), definition of 'mineral' in s 3).","Delegation and executive discretion: Minister may delegate powers and authorize others; Minister must make certain written satisfactions for mining (s 5; ss 30(2)(b), 34(2)(b)).","Corporate governance and local custom overlay: Corporations (Kerrup‑Jmara and Kirrae Whurrong) have statutory powers, but Committees of Elders have binding internal decisions and eligibility‑control (ss 13(1), 17–19, 21(1), 26–28).","By‑laws as legislative instruments requiring Minister receipt and subject to federal/regulatory penalties and infringement notice scheme (ss 15(5)–(6), 23(5)–(6); penalties in ss 15(3)–(4), 23(3)–(4)).","Mining permission, conditional payments and limits on consideration: applicant‑permission procedure, consultation, arbitrator review and criteria balancing cultural, environmental and economic factors (ss 30–36; ss 31–33; ss 32(1)–(2), 34).","Dispute resolution architecture: mandatory conciliation by Minister, then arbitration with defined review factors and binding effect of arbitrator’s decision (s 33).","Criminal and corporate liability standards applied to offences under the Act, with state of mind attribution to corporate actors (ss 4A, 35, 37).","Registration and land‑title effect: lodging notices with Victorian Registrar‑General and registration treated as grant/conveyance (s 10).","Funding and earmarking: creation of a special Aboriginal Advancement Account and optional notional sub‑accounts under regulations (ss 38–38A)."],"plain_english_summary":"This Act vests two specified blocks of land (Condah land and Framlingham Forest) in two named Aboriginal corporations, removes most prior interests in that land (except minerals), and gives those corporations management powers including making by‑laws, keeping registers of sacred sites and appointing elders bodies. It also creates a regime limiting mining (permission by the corporation, Minister oversight and arbitration), establishes compensation and a dedicated Aboriginal Advancement Account, and sets membership, winding‑up and registration rules that affect who decides and who benefits."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: transferring specific lands at Lake Condah and Framlingham Forest to Aboriginal corporations and establishing governance and mining frameworks for those lands. While amendments have updated references (e.g., replacing ATSIC with modern governance structures, updating the Public Governance Act reference), the core scope has not expanded beyond these two specific land areas and their management."},"complexity_factors":["Dual parallel structures: Parts III and IV mirror each other almost exactly for the two separate land areas (Condah and Framlingham), creating repetition but also conditional logic depending on which corporation is involved","17 defined terms in section 3, including nested definitions for 'mining purposes' and 'mining tenement' that reference multiple Victorian Acts","Incorporation by reference of repealed legislation: sections 11-12 apply Parts of the repealed Lands Acquisition Act 1955 as if they still existed","Complex mining permission framework in Part V involving multiple stages: corporation permission, Ministerial declarations, conciliation, arbitration, and sacred site protections","Interaction with multiple external statutes: Corporations (Aboriginal and Torres Strait Islander) Act 2006, Lands Acquisition Act 1955, Lands Acquisition Act 1989, Mineral Resources Development Act 1990 (Vic), Petroleum Act 1958 (Vic), Extractive Industries Act 1966 (Vic), Aboriginal and Torres Strait Islanders Heritage Protection Act 1984, Legislation Act 2003, and Public Governance, Performance and Accountability Act 2013","Conditional winding-up provisions with cascading fallback options (sections 19 and 28)","Legislative instrument mechanics in sections 15 and 23 where corporation by-laws become federal legislative instruments upon receipt by Minister"],"plain_english_summary":"This Act transfers ownership of two specific areas of land in Victoria—Lake Condah (near Heywood) and Framlingham Forest (near Warrnambool)—from the Victorian Government to two Aboriginal corporations. \n\n**What it does:**\n- **Vests** (transfers legal ownership of) Lake Condah in the Kerrup-Jmara Elders Aboriginal Corporation and Framlingham Forest in the Kirrae Whurrong Aboriginal Corporation\n- **Clears the title**—removes existing mortgages, leases, restrictions, and other interests (except minerals underground), converting them into compensation claims\n- **Protects minerals**—the Victorian Government keeps ownership of minerals, but mining companies need permission from both the Aboriginal corporation and the Commonwealth Minister to access the land\n- **Gives management powers**—the corporations can make by-laws about cultural activities, conservation, hunting, visitor fees, and timber harvesting\n- **Establishes governance**—creates Committees of Elders with binding authority over spiritual, cultural, and traditional matters\n- **Sets up a funding account**—the Aboriginal Advancement Account provides money for social and economic advancement of Aboriginal people in Victoria\n\n**Who it affects:**\n- The Kerrup-Jmara and Kirrae Whurrong Aboriginal communities, who gain freehold ownership of their traditional lands\n- Mining companies, who face restrictions and a negotiation process to access minerals\n- Previous landholders, who receive compensation for their lost interests\n\n**Why it matters:**\nThis was landmark legislation returning significant cultural lands to Traditional Owners. It recognises Aboriginal self-determination by giving communities control over land management, cultural heritage protection, and economic development, while balancing mineral rights and public access."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-land-lake-condah-and-framlingham-forest-act-1987","history":"/api/acts/aboriginal-land-lake-condah-and-framlingham-forest-act-1987/history","analysis":"/api/acts/aboriginal-land-lake-condah-and-framlingham-forest-act-1987/analysis","conflicts":"/api/acts/aboriginal-land-lake-condah-and-framlingham-forest-act-1987/conflicts","importantCases":"/api/acts/aboriginal-land-lake-condah-and-framlingham-forest-act-1987/important-cases","documents":"/api/acts/aboriginal-land-lake-condah-and-framlingham-forest-act-1987/documents"}}