Lidia Thorpe (Victoria, Australian Greens) Share this | Hansard source

by leave—I move amendments (1) to (13) on sheet 1185 together:

(1) Clause 2, page 2 (table items 2 to 4), omit the table items.

(2) Clause 2, page 2 (table items 5 to 7), omit the table items, substitute:

(3) Clause 2, page 2 (table items 8 to 11), omit the table items.

(4) Schedules 1 and 2, page 4 (line 1) to page 24 (line 5), to be opposed.

(5) Schedule 3, heading to Part 1, page 25 (line 2), omit the heading, substitute:

Part 1—Crown land areas (including park areas)

(6) Schedule 3, heading to Division 1, page 25 (line 3), omit the heading.

(7) Schedule 3, item 1, page 25 (line 11), omit "such as national parks etc.", substitute "of Crown land, including national parks etc.,"

(8) Schedule 3, item 2, page 25 (line 15), omit the heading to section 47C, substitute:

47C Agreed Crown land (including national parks etc.) covered by native title applications

(9) Schedule 3, item 2, page 25 (line 16) to page 26 (line 7), omit subsection 47C(1), substitute:

When section applies

(1) This section applies if:

(a) a claimant application or a revised native title determination application is made in relation to an area that is, or is part of, an area that is:

  (i) Crown land (see subsection (11)); or

  (ii) covered by a freehold estate held by the Crown, or a statutory authority of the Crown, in any of its capacities; and

(b) the operation of this section in relation to an area (the agreement area) that is in an onshore place and comprises the whole or a part of the area referred to in paragraph (a), has been agreed to in writing by:

  (i) any registered native title body corporate concerned or the applicant for any native title claim group concerned; and

  (ii) in the case of an area that is a park area—whichever of the Commonwealth, the State or the Territory by or under whose law the park area was set aside, or the interest over the park area was granted or vested, as mentioned in subsection (3); and

  (iii) in the case of an area other than a park area—whichever of the Commonwealth, the State or the Territory is the Crown in respect of the area; and

(c) none of sections 47, 47A and 47B applies in relation to the agreement area.

(10) Schedule 3, item 2, page 26 (line 8), omit "paragraph (1) (c)", substitute "paragraph (1) (a)".

(11) Schedule 3, item 5, page 29 (line13), omit "national parks etc.", substitute "agreed crown land (including national parks etc.)".

(12) Schedule 3, Division 2, page 31 (lines 8 to 19), to be opposed.

(13) Schedules 4 to 9, page 33 (line 1) to page 60 (line 14), to be opposed.

The CHAIR: Senator Thorpe, even though you have moved the amendments together, the two questions will be put separately.