Version No. 004
AboriginalLand (NorthcoteLand) Act 1989
No. 7 of 1989
Version incorporating amendments as at 1 January 2010
table of provisions
SectionPage
1
SectionPage
1Purpose
2Commencement
3Revocation of Reservation
4Land deemed unalienated Crown land
5Grant to Aborigines Advancement League Incorporated
6No compensation payable by Crown
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SCHEDULE—Land which may be granted to the Aborigines Advancement League Incorporated
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 004
AboriginalLand (NorthcoteLand) Act 1989
No. 7 of 1989
Version incorporating amendments as at 1 January 2010
1
AboriginalLand (NorthcoteLand) Act 1989
No. 7 of 1989
The Parliament of Victoria enacts as follows:
Preamble
The land shown by hatching on the plan in the Schedule is temporarily reserved under the CrownLand (Reserves) Act 1978 as a site for public recreation and is managed by the Aborigines Advancement League Incorporated as Committee of Management;
Under the Aboriginal Lands (Aborigines' Advancement League) (Watt Street, Northcote) Act 1982 land previously included in the Reserve was granted by the Crown to the Aborigines' Advancement League (Victoria), the body later incorporated under the Associations Incorporation Act 1981 under the name of the Aborigines Advancement League Incorporated;
In the interests of the Aboriginal people of Victoria it is desirable to authorise the granting by the Crown to the Aborigines Advancement League Incorporated of the land in the Reserve shown by hatching on the plan in the Schedule:
The Parliament of Victoria therefore enacts as follows:
1Purpose
The purpose of this Act is to authorise the granting by the Crown of land at Northcote to the Aborigines Advancement League Incorporated and to provide for related matters.
2Commencement
s. 2
This Act comes into operation on the day on which it receives the Royal Assent.
3Revocation of Reservation
(1)The Order in Council specified in Part 1 of the Schedule is revoked to the extent to which it applies to the land shown hatched on the plan in Part 2 of the Schedule.
(2)The appointment of the Committee of Management of the land described in Part 1 of the Schedule is revoked to the extent to which it relates to the land shown hatched on the plan in Part 2 of the Schedule.
4Land deemed unalienated Crown land
Despite any Act or law to the contrary, the land shown hatched on the plan in Part 2 of the Schedule is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
5Grant to Aborigines Advancement League Incorporated
(1)In this section the League means the Aborigines Advancement League Incorporated, an incorporated association within the meaning of section 3 of the Associations Incorporation Act 1981.
(2)The Governor in Council on behalf of the Crown may grant the land shown hatched on the plan in Part 2 of the Schedule to the League for an estate in fee simple.
(3)A grant under subsection (2) is subject to—
(a)the condition that the land continue to be used for Aboriginal cultural and recreational purposes; and
(b)any other terms, conditions, covenants, exceptions, reservations, restrictions and limitations (not inconsistent with the condition in paragraph (a)) that the Governor in Council determines.
S. 5(4) amended by Nos 92/1990 s.128(Sch. 1 item 1), 67/1995 s.58(Sch. 1 item 2), 11/2002 s.3(Sch. 1 item 3), 63/2006 s.61(Sch. item3), 6/2009 s.44.
(4)A lease, licence, permit or other authority under the Mineral Resources (Sustainable Development) Act 1990 or the Petroleum Act 1998 must not be granted in respect of any part of the land shown hatched on the plan in Part2 of the Schedule, except with the consent of the League and subject to any terms and conditions that the League determines.
6No compensation payable by Crown
s. 6
No compensation is payable by the Crown in respect of anything done under or arising out of this Act.
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SCHEDULE
Sch.
Ss 3 and 5
Land which may be granted to the Aborigines Advancement League Incorporated
PART 1
Situation and area of land. /Instrument and date of reservation. / Description
of land by reference to Government Gazette. /
Purpose of reservation. /
Extent of revocation
Part of Allotment 66B Section W City of Northcote Parish of Jika Jika County of Bourke, 4942 hectares (less
113 hectares more or less) excised by Order in Council dated 27 October 1981, Government Gazette dated 7 October 1981
page 3337 and 28 October page 3546. / Order in Council dated 14 May 1974. / 22 May 1974 page 1741. / Site for Public recreation. / That part of the reservation which applies to the land shown hatched on plan in Part2.
PART 2
Sch.
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ENDNOTES
1.General Information
Endnotes
Minister's second reading speech—
Legislative Assembly: 3 November 1988
Legislative Council: 22 March 1989
The long title for the Bill for this Act was "A Bill to authorise the granting by the Crown of certain land at Northcote to the Aborigines Advancement League Incorporated and for other purposes.".
The AboriginalLand (NorthcoteLand) Act 1989 was assented to on 9May 1989 and came into operation on 9 May 1989: section 2.
2.Table of Amendments
Endnotes
This Version incorporates amendments made to the AboriginalLand (NorthcoteLand) Act 1989 by Acts and subordinate instruments.
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Mineral Resources Development Act 1990, No. 92/1990
Assent Date: / 18.12.90Commencement Date: / S. 128(Sch. 1 item 1) on 6.11.91: Government Gazette 30.10.91 p. 2970
CurrentState: / This information relates only to the provision/s amending the AboriginalLand (NorthcoteLand) Act 1989
Extractive Industries Development Act 1995, No. 67/1995
Assent Date: / 17.10.95Commencement Date: / Pt 1 (ss 1–7), s. 60(1)(2) on 17.10.95: s. 2(1); rest of Act on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4
CurrentState: / All of Act in operation
Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date: / 23.4.02Commencement Date: / S. 3(Sch. 1 item 3) on 24.4.02: s. 2(1)
CurrentState: / This information relates only to the provision/s amending the AboriginalLand (NorthcoteLand) Act 1989
Mineral Resources Development (Sustainable Development) Act 2006, No.63/2006
Assent Date: / 29.8.06Commencement Date: / S. 61(Sch. item 3) on 30.8.06: s. 2(1)
CurrentState: / This information relates only to the provision/s amending the AboriginalLand (NorthcoteLand) Act 1989
Resources Industry Legislation Amendment Act 2009, No.6/2009
Assent Date: / 3.3.09Commencement Date: / S. 44 on 1.1.10: s.2(2)
CurrentState: / This information relates only to the provision/s amending the AboriginalLand (NorthcoteLand) Act 1989
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3.Explanatory Details
Endnotes
No entries at date of publication.
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