{"id":"F2009B00021","name":"Declaration of Aboriginal Land (11/10/1995)","slug":"declaration-of-aboriginal-land-11-10-1995","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121204,"registerId":"commonwealth-F2009B00021-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Declaration of Aboriginal Land (11/10/1995)","content":"Commonwealth of Australia\n\nAboriginal Land Grant (Jervis Bay Territory) Act 1986\n\nDeclaration of Aboriginal Land\n\nI, ROBERT EDWARD TICKNER, Minister for Aboriginal and Torres Strait Islander Affairs, under subsection 9A (1) of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 and being satisfied that:\n\n(a) the land within the Jervis Bay National Park is of significance to the Aboriginals who are members of the Wreck Bay Aboriginal Community Council; and\n\n(b) the land within the Jervis Bay Botanic Gardens is of significance to those Aboriginals; and\n\n(c) it would be appropriate to grant the land referred to in paragraphs (a) and (b) to the Council; and\n\n(d) the Council and the Director of National Parks and Wildlife have entered an agreement under which the Council agrees to grant to the Director a lease of the land referred to in paragraphs (a) and (b);\n\ndeclare that all the land within the Jervis Bay National Park and all the land within the Jervis Bay Botanic Gardens is Aboriginal Land.\n\nDated 11th October 1995.\n\nR E Tickner\n\nMinister for Aboriginal and Torres Strait Islander Affairs\n\n\\[NOTE: The Aboriginal Land Grant (Jervis Bay Territory) Act 1986 identifies the Jervis Bay National Park and the Jervis Bay Botanic Gardens.\\]","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration operates exactly within the scope intended by the parent Act. The Aboriginal Land Grant (Jervis Bay Territory) Act 1986 was specifically enacted to enable the grant of land in the Jervis Bay Territory to the Wreck Bay Aboriginal Community. This 1995 declaration exercises that specific power for the two named areas (National Park and Botanic Gardens), which were explicitly identified in the original Act as land available for such declaration."},"complexity_factors":["Single operative provision with straightforward conditional logic (four satisfaction criteria)","No defined terms within the instrument itself (relies on external Act for definitions)","No cross-referencing beyond the empowering provision (subsection 9A(1))","Simple declarative structure: minister satisfied → declaration made","Only two parcels of land affected, clearly identified by reference to existing statutory designations"],"plain_english_summary":"This 1995 ministerial declaration transfers ownership of Jervis Bay National Park and Jervis Bay Botanic Gardens to the Wreck Bay Aboriginal Community Council, formally making the areas \"Aboriginal Land\" under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986. The Council immediately leases the land back to the Director of National Parks and Wildlife so the parks remain protected and open to the public, restoring Indigenous ownership while preserving conservation and access."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The declaration applies only to the Jervis Bay National Park and Botanic Gardens identified by the 1986 Act and implements the grant-and-lease mechanism set out in that Act. It does not expand the geographic or substantive categories of land beyond those named in the enabling legislation."},"complexity_factors":["Statutory satisfaction requirement: Minister must be 'satisfied' that the land is 'of significance' to the community (paragraphs (a)–(c); relies on subsection 9A(1)).","Dependency on an inter-party agreement: declaration conditioned on an agreement under which the Council grants a lease to the Director (paragraph (d)), creating contractual as well as statutory effects.","Reference to external identification of land: the specified areas are defined by the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 rather than within the declaration text (note), requiring cross-reference to identify precise parcels.","Ministerial discretion and factual findings: the Minister exercises evaluative judgment about cultural significance, introducing administrative discretion and potential evidentiary questions.","Operational overlap between owner and manager: ownership by the Council combined with a lease to the Director creates layered governance and potential coordination/compliance costs."],"plain_english_summary":"The Minister, using subsection 9A(1) of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986, declares the Jervis Bay National Park and the Jervis Bay Botanic Gardens to be Aboriginal Land and grants them to the Wreck Bay Aboriginal Community Council, subject to a lease to the Director of National Parks and Wildlife agreed by the parties. This changes legal ownership and governance: the Council becomes owner, the Director retains management under the lease, and both have new statutory and contractual obligations."}},"importantCases":[],"_links":{"self":"/api/acts/declaration-of-aboriginal-land-11-10-1995","history":"/api/acts/declaration-of-aboriginal-land-11-10-1995/history","analysis":"/api/acts/declaration-of-aboriginal-land-11-10-1995/analysis","conflicts":"/api/acts/declaration-of-aboriginal-land-11-10-1995/conflicts","importantCases":"/api/acts/declaration-of-aboriginal-land-11-10-1995/important-cases","documents":"/api/acts/declaration-of-aboriginal-land-11-10-1995/documents"}}