Nigel Scullion (NT, Country Liberal Party, Minister for Community Services) Share this | Hansard source

I know we have already voted on this, but I undertook to provide the senator with some information regarding his questions about the circumstance where a person who has provided the permit dies and how that works. I am advised that the Aboriginal Land Rights (Northern Territory) Act is in fact the mechanism for the administration of the permit system. This legislation needs to be read in conjunction with the Aboriginal Land Rights (Northern Territory) Act, which refers to traditional owners in the plural. That means that, if the traditional owner who issued the lease dies, another traditional owner can be delegated. This is taken, I understand, straight out of the Aboriginal Land Rights (Northern Territory) Act, so this legislation reflects that. It is in the plural in the original legislation, and it is reflected here.

With regard to the Democrat amendment, we think that the suggested additional exception to the definition of ‘common areas’ is a bit vague and unnecessary. The definition of ‘common areas’ already excludes sacred sites, which has a comprehensive and longstanding definition in the Aboriginal Land Rights (Northern Territory) Act. It would be unnecessary and confusing to add the proposed provision, so the government does not support the amendment.