Rod Kemp (Victoria, Liberal Party, Minister for the Arts and Sport) Share this | Hansard source

by leave—I move government amendments (1) to (3), (6), (7), (9) to (13) and (15) to (17) on sheet PF377:

(1)    Clause 2, page 3 (table item 20), omit “201A”, substitute “201”.

(2)    Schedule 1, page 7 (after line 25), after item 4B, insert:

4BA Subsection 3(1) (subparagraph (a)(ii) of the definition of intending miner)

Omit “exploration retention lease or exploration retention licence, or has made an application for the grant of such a lease or licence”, substitute “exploration retention licence, or has made an application for the grant of an exploration retention licence”.

(3)    Schedule 1, item 46, page 22 (line 20), omit “person”, substitute “approved entity”.

(6)    Schedule 1, item 61, page 33 (after line 15), after paragraph 28(3)(b), insert:

           (ba)    section 19A (about grant of township leases);

(7)    Schedule 1, page 60 (after line 29), after item 124C, insert:

124D Subsection 46(1)

Omit “exploration retention lease (whether that licence or lease”, substitute “exploration retention licence (whether that exploration licence or exploration retention licence”.

(9)    Schedule 1, item 189, page 71 (line 28), omit “, (13)”.

(10)  Schedule 1, item 192, page 74 (line 16) to page 75 (line 9), omit subsections 67A(12) and (13), substitute:

      (12)    This subsection applies in relation to an application:

             (a)    that was made under section 50 before the commencement of this subsection by or on behalf of Aboriginals claiming to have a traditional land claim to qualifying land (whether or not recommendations of the kind referred to in subparagraph 50(1)(a)(ii) have been made and whether or not the application covers other land); and

             (b)    that was given the land claim number prescribed by the regulations.

Government amendment (6) refers to the delegation of power to grant township leases. Under the new section 19A of the bill, a land trust may grant a lease for township at the direction of the relevant land council. The bill allows a land council’s power of direction in relation to granting of township leases to be delegated to committees of the land council but not to an incorporated regional body. Consistent with the fact that land councils can delegate decisions about other land use matters to incorporated regional bodies, this amendment will allow the delegation of decisions on township leases to such bodies.

I now turn to government amendments (9) to (12) and (17), which are about the disposal of certain land claims. The bill currently provides for the disposal of certain land claims to the intertidal zone and to beds and banks of rivers which are not contiguous with Aboriginal land. The claims are being disposed of because they cover narrow strips of land for which it is inappropriate to grant land claims. The amendments redraft the provisions in the bill to clarify and simplify them and to ensure that the intent is achieved. The details of the claims to be disposed of will be set out in regulations; I make that important point. Again, this is in line with the proposal put by the Northern Territory Labor government.

Government amendment (15) deals with delegations. It is being proposed to meet concerns expressed by the Senate Standing Committee for the Scrutiny of Bills that, for the delegation of powers, the bill does not specify attributes or qualities which a delegate must possess. The amendment specifies relevant attributes and qualities for delegates. Senator Siewert will be very supportive of that, I am sure. Government amendments (2), (3), (7) and (13) are consequential amendments. They make minor changes to the bill to ensure clarity and consistency.