1
Name of Regulations
1 Name of Regulations
These Regulations are the Aboriginal Land Rights (Northern Territory) Regulations 2007.
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Commonwealth legislation
This instrument clarifies how the Aboriginal Land Rights (Northern Territory) Act operates: it creates a narrow NT‑law exemption for certain subdivision plans tied to Commonwealth leases (time‑limited lodging and title‑formalisation conditions), authorises the Executive Director to contract and charge (non‑tax) for administrative services related to main leases/subleases, and specifies which payments count as accountable amounts. It mainly affects Aboriginal landholders, Land Trusts, the Executive Director and NT planning/title agencies.
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Direct links to the current provisions in Aboriginal Land Rights (Northern Territory) Regulations 2007.
These Regulations are the Aboriginal Land Rights (Northern Territory) Regulations 2007.
In these Regulations:
Act means the Aboriginal Land Rights (Northern Territory) Act 1976.
Note: A number of expressions used in these Regulations are defined in the Act, including:
Aboriginal
Aboriginal land
Director
Land Trust
township.
For sections 19E and 20SB of the Act, Part 5 of the Planning Act 1999 (NT) and subsection 52(10) of the Land Title Act 2000 (NT) do not apply to: (a) a plan of survey for the subdivision of land that: (i) is limited to formalising land title arrangements for land on which buildings or physical infrastructure has been erected on or after the date of commencement of a lease to the Commonwealth mentioned in section 19E or 20SB of the Act; and (ii) is lodged with the Surveyor‑General for the Northern Territory within 3 years of the commencement date of the lease; and (b) a sublease by the Commonwealth of a parcel of land specified in the plan of survey, to a person or entity.
(1) For the purposes of paragraph 20C(c) of the Act, the Executive Director has the functions prescribed by this regulation if: (a) an approved entity holds, or may become the holder of, a lease (the main interest) under section 19A of the Act; or (b) the Executive Director has transferred, or is considering transferring, a sublease (the main interest) to an Aboriginal and Torres Strait Islander corporation under subsection 20CB(1) of the Act. (2) The Executive Director may, on behalf of the Commonwealth, enter into an agreement with the entity or corporation under which the Executive Director will provide to the entity or corporation services related to administering: (a) the main interest; or (b) a sublease or other right or interest derived from the main interest. (3) The Executive Director must provide the services in accordance with the agreement. (4) The agreement may provide for the payment of fees to the Commonwealth for the provision of the services by the Executive Director. (5) A fee provided for by the agreement must not be such as to amount to taxation.
For paragraph 35(4A)(c) of the Act, the kinds of payments are: (a) a payment made: (i) in respect of Aboriginal land; and (ii) by the Director under a lease of the land to the Director; and (iii) under a lease that was entered into in accordance with an agreement made under subsection 12(2B) or (2C) of the Act; and (b) an amount paid under subsection 62(1G) or (5) of the Northern Territory National Emergency Response Act 2007 in relation to Aboriginal land.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Aboriginal Land Rights (Northern Territory) Regulations 2007.
In these Regulations:
Act means the Aboriginal Land Rights (Northern Territory) Act 1976.
Note: A number of expressions used in these Regulations are defined in the Act, including:
Aboriginal
Aboriginal land
Director
Land Trust
township.
For sections 19E and 20SB of the Act, Part 5 of the Planning Act 1999 (NT) and subsection 52(10) of the Land Title Act 2000 (NT) do not apply to: (a) a plan of survey for the subdivision of land that: (i) is limited to formalising land title arrangements for land on which buildings or physical infrastructure has been erected on or after the date of commencement of a lease to the Commonwealth mentioned in section 19E or 20SB of the Act; and (ii) is lodged with the Surveyor‑General for the Northern Territory within 3 years of the commencement date of the lease; and (b) a sublease by the Commonwealth of a parcel of land specified in the plan of survey, to a person or entity.
(1) For the purposes of paragraph 20C(c) of the Act, the Executive Director has the functions prescribed by this regulation if: (a) an approved entity holds, or may become the holder of, a lease (the main interest) under section 19A of the Act; or (b) the Executive Director has transferred, or is considering transferring, a sublease (the main interest) to an Aboriginal and Torres Strait Islander corporation under subsection 20CB(1) of the Act. (2) The Executive Director may, on behalf of the Commonwealth, enter into an agreement with the entity or corporation under which the Executive Director will provide to the entity or corporation services related to administering: (a) the main interest; or (b) a sublease or other right or interest derived from the main interest. (3) The Executive Director must provide the services in accordance with the agreement. (4) The agreement may provide for the payment of fees to the Commonwealth for the provision of the services by the Executive Director. (5) A fee provided for by the agreement must not be such as to amount to taxation.
For paragraph 35(4A)(c) of the Act, the kinds of payments are: (a) a payment made: (i) in respect of Aboriginal land; and (ii) by the Director under a lease of the land to the Director; and (iii) under a lease that was entered into in accordance with an agreement made under subsection 12(2B) or (2C) of the Act; and (b) an amount paid under subsection 62(1G) or (5) of the Northern Territory National Emergency Response Act 2007 in relation to Aboriginal land.