Indigenous Affairs Legislation Amendment Act 2008

No. 67, 2008

An Act to amend laws in relation to Aboriginal land in the Northern Territory, and for other purposes

[Assented to 1 July 2008]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Indigenous Affairs Legislation Amendment Act 2008.

2 Commencement

This Act commences on the day after it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Land rights

Aboriginal Land Rights (Northern Territory) Act 1976

1 Subsection 3(1)

Insert:

Executive Director means the Executive Director of Township Leasing referred to in section 20B.

2 After subsection 19(3)

Insert:

(3A) If a Land Trust is considering granting a lease under subsection (3), the relevant Land Council may, by notice in writing given to the Minister, request that, if the Land Trust and the Commonwealth intend to enter into the lease, the Executive Director:

(a) enter into the lease on behalf of the Commonwealth; and

(b) administer the lease.

(3B) If the Minister receives a request under subsection (3A), the Minister must, by notice in writing given to the relevant Land Council, agree or refuse to agree to the request.

(3C) A notice given under subsection (3A) or (3B) is not a legislative instrument.

3 Subsection 19A(4)

Repeal the subsection, substitute:

Term of lease

(4) The term of a lease granted under this section is the term specified in the lease (which must be at least 40 years and no more than 99 years). The term specified in the lease must not be varied. This subsection is subject to subsections (4A) and (5).

(4A) A lease granted under this section may provide for the variation of the lease by way of one or more extensions of the term of the lease. The extensions must not result in the term of the lease being more than 99 years.

Interpretation

(4B) Subsection (4A) does not limit variations of the lease in relation to other matters.

Operation of Lands Acquisition Act

(4C) If an approved entity is the Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989), the Commonwealth or authority is authorised to acquire the interest (within the meaning of that Act) in land that arises under an extension of the term of a lease granted under this section (as mentioned in subsection (4A)).

4 Application—initial term and extension of headleases over townships

The amendment made by item 3 applies in relation to leases granted after the commencement of that item.

5 Subsection 19A(5)

Omit “before the end of the 69th year of the term of a lease (the original lease) granted under this section”, substitute “at least 20 years before the end of the term of a lease (the original lease) granted under this section (including that term as extended as mentioned in subsection (4A))”.

Note: The following heading to subsection 19A(5) is inserted “Grant of replacement lease”.

6 After subsection 19A(5)

Insert:

Limitation on grant of replacement lease

(5A) The Minister must not, under subsection (1), consent to the grant of another lease as mentioned in subsection (5) unless the Minister is satisfied that the grant of the other lease would not adversely affect a sublease or other right or interest derived from the original lease mentioned in subsection (5).

Note: The following heading to subsection 19A(6) is inserted “Payments”.

7 Application—grant of replacement headleases over townships

(1) The amendment made by item 5 applies in relation to leases granted after the commencement of that item.

(2) Subsection 19A(5A) of the Aboriginal Land Rights (Northern Territory) Act 1976, as inserted by this Schedule, applies in relation to the grant of leases after the commencement of this item (regardless of whether the original lease mentioned in that subsection was granted before or after that commencement).

8 After paragraph 19C(1)(a)

Insert:

(aa) the extension of the term of a lease granted under that section (as mentioned in subsection 19A(4A)) if the lease is held by a Commonwealth entity at the time of the variation mentioned in that subsection; or

9 Subsections 19C(2) and (3)

After “grant”, insert “, extension”.

10 Subsection 20A(1)

Omit “and this section”, substitute “, this section and sections 20SA and 20SB”.

11 Before paragraph 20C(a)

Insert:

(aa) if the Minister has agreed to a request under subsection 19(3A) or 20CA(2) in relation to a lease, and the Commonwealth intends to enter into the lease—to enter into, on behalf of the Commonwealth, the lease; and

(ab) to administer leases covered by paragraph (aa), including administering subleases and other rights and interests derived from such leases, in accordance with their terms and conditions; and

(ac) if the Minister has agreed to a request under subsection 20CA(2) in relation to a sublease, and the Commonwealth intends to enter into the sublease—to enter into, on behalf of the Commonwealth, the sublease; and

(ad) to administer subleases covered by paragraph (ac), including administering other rights and interests derived from such subleases, in accordance with their terms and conditions; and

12 Paragraph 20C(c)

Omit “paragraph (a) or (b)”, substitute “this section”.

13 At the end of Division 2 of Part IIA

Add:

20CA Executive Director to hold leases and subleases of community living areas, town camps and prescribed land on behalf of the Commonwealth

(1) This section applies if:

(a) a proprietor of a community living area is considering granting a lease of some or all of the community living area; or

(b) a proprietor of a lease of a town camp is considering granting a sublease of some or all of the town camp; or

(i) that is prescribed by the regulations for the purposes of this section; and

(ii) that has been granted to the proprietor primarily for the benefit of Aboriginal people in the Northern Territory;

is considering granting a lease of some or all of the land; or

(d) a proprietor of a lease of land:

(i) that is prescribed by the regulations for the purposes of this section; and

(ii) that has been leased to the proprietor primarily for the benefit of Aboriginal people in the Northern Territory;

is considering granting a sublease of some or all of the land.

(2) The proprietor may, by notice in writing given to the Minister, request that, if the proprietor and the Commonwealth intend to enter into the lease or sublease, the Executive Director:

(a) enter into the lease or sublease on behalf of the Commonwealth; and

(b) administer the lease or sublease.

(3) If the Minister receives a request under subsection (2), the Minister must, by notice in writing given to the proprietor, agree or refuse to agree to the request.

(4) A notice given under subsection (2) or (3) is not a legislative instrument.

(5) In this section:

community living area means land granted under subsection 46(1A) of the Lands Acquisition Act of the Northern Territory.

Note: The reference to the Lands Acquisition Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

town camp means land leased primarily for residential, community or cultural purposes for Aboriginal people under:

(a) the Special Purposes Leases Act of the Northern Territory; or

(b) the Crown Lands Act of the Northern Territory.

Note: The reference to the Special Purposes Leases Act and the Crown Lands Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

14 Section 20E

Repeal the section, substitute:

20E Appointment to be full‑time or part‑time

The Executive Director may be appointed on a full‑time basis or on a part‑time basis.

15 Section 20H

Repeal the section, substitute:

20H Restrictions on outside employment

Full‑time Executive Director

(1) If the Executive Director is appointed on a full‑time basis, he or she must not engage in paid employment outside the duties of his or her office without the Minister’s approval.

Part‑time Executive Director

(2) If the Executive Director is appointed on a part‑time basis, he or she must not engage in any paid employment that conflicts or may conflict with the proper performance of his or her duties.

16 Section 20K

Repeal the section, substitute:

20K Leave of absence

Full‑time Executive Director

(1) If the Executive Director is appointed on a full‑time basis:

(a) he or she has the recreation leave entitlements that are determined by the Remuneration Tribunal; and

(b) the Minister may grant the Executive Director leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

Part‑time Executive Director

(2) If the Executive Director is appointed on a part‑time basis, the Minister may grant leave of absence to the Executive Director on the terms and conditions that the Minister determines.

17 Section 20M

Repeal the section, substitute:

20M Termination of appointment

(1) The Governor‑General may terminate the appointment of the Executive Director for misbehaviour or physical or mental incapacity.

(2) The Governor‑General must terminate the appointment of the Executive Director if:

(a) the Executive Director:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or

(b) the Executive Director is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(c) the Executive Director is appointed on a full‑time basis and engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or

(d) the Executive Director is appointed on a part‑time basis and engages in paid employment that conflicts or may conflict with the proper performance of his or her duties; or

(e) the Executive Director fails, without reasonable excuse, to comply with section 20N.

18 Division 6 of Part IIA

Repeal the Division, substitute:

Division 6—Effect on other laws in relation to certain leases or subleases entered into by Executive Director

20S Operation of Lands Acquisition Act

(1) This section applies for the purposes of the Lands Acquisition Act 1989.

(2) The Commonwealth is authorised to acquire a lease or sublease if the Minister has agreed to a request under subsection 20CA(2) in relation to the lease or sublease.

(3) The Commonwealth is authorised to dispose (within the meaning of the Lands Acquisition Act 1989) of a lease or sublease covered by paragraph 20C(aa) or (ac).

(4) The Commonwealth is authorised to grant a sublease, or other right or interest, in relation to a lease covered by paragraph 20C(aa) in accordance with the terms and conditions of the lease.

(5) The Commonwealth is authorised to grant a right or interest in relation to a sublease covered by paragraph 20C(ac) in accordance with the terms and conditions of the sublease.

20SA Modification of certain NT laws in relation to the entry into leases or subleases by Executive Director

(1) This section applies to:

(a) the grant of a lease to the Commonwealth if the Minister has agreed to a request under subsection 19(3A) or 20CA(2) in relation to the lease; or

(b) the grant of a sublease to the Commonwealth if the Minister has agreed to a request under subsection 20CA(2) in relation to the sublease.

Taxes

(2) No stamp duty or similar tax is payable under a law of the Northern Territory in respect of the grant.

Registration

(3) On the application of the Commonwealth, the Registrar‑General or other appropriate officer under the law of the Northern Territory relating to the transfer of land must register the instrument of grant as if it were duly executed under that law.

Subdivision of land

(4) The procedures for the subdivision of land under the law of the Northern Territory relating to the transfer of land do not apply in respect of the grant.

20SB Modification of certain NT laws in relation to land the subject of leases or subleases entered into by Executive Director

(1) This section applies in relation to:

(a) a lease granted to the Commonwealth if the Minister agreed to a request under subsection 19(3A) or 20CA(2) in relation to the lease; or

(b) a sublease granted to the Commonwealth if the Minister agreed to a request under subsection 20CA(2) in relation to the sublease.

(2) The regulations may make modifications of any law of the Northern Territory relating to:

(a) planning; or

(b) infrastructure; or

(d) other prescribed matters;

to the extent that the law applies to land the subject of the lease or sublease.

(3) In subsection (2):

modifications includes additions, omissions and substitutions.

(4) The regulations cease to have effect if the lease or sublease ceases to be held by the Commonwealth.

19 Subsection 20Y(1)

Repeal the subsection, substitute:

(1) If a person has the statutory rights under section 20W or 20X:

(a) if the person is the Commonwealth—the Minister may, on behalf of the Commonwealth, permit, in writing, a person or persons to exercise some or all of the statutory rights in relation to the whole or a part of the construction area; or

(b) in any other case—the person may permit, in writing, a person or persons to exercise some or all of the statutory rights in relation to the whole or a part of the construction area.

20 Section 20ZA

Repeal the section, substitute:

20ZA Variation of initial area

If a person has the statutory rights under section 20W or 20X:

(a) if the person is the Commonwealth—the Minister, on behalf of the Commonwealth, and the Land Council concerned may agree in writing to vary the initial area in a specified way; or

(b) in any other case—the person and the Land Council concerned may agree in writing to vary the initial area in a specified way.

21 Subsection 20ZE(1)

Repeal the subsection, substitute:

(1) If a person has the statutory rights under section 20W or 20X:

(a) if the person is the Commonwealth—the Minister may, on behalf of the Commonwealth, by writing, determine that the buildings or infrastructure is no longer required by the Commonwealth; or

(b) in any other case—the person may, by writing, determine that the buildings or infrastructure is no longer required by the person.

22 Subsection 20ZJ(1)

Repeal the subsection, substitute:

(1) If a person has the statutory rights under section 20ZH or 20ZI:

(b) in any other case—the person may permit, in writing, a person or persons to exercise some or all of the statutory rights in relation to the whole or a part of the construction area.

23 Section 20ZL

Repeal the section, substitute:

20ZL Variation of initial area

If a person has the statutory rights under section 20ZH or 20ZI:

(a) if the person is the Commonwealth—the Minister, on behalf of the Commonwealth, and the Land Council concerned may agree in writing to vary the initial area in a specified way; or

(b) in any other case—the person and the Land Council concerned may agree in writing to vary the initial area in a specified way.

24 Subsection 20ZP(1)

Repeal the subsection, substitute:

(1) If a person has the statutory rights under section 20ZH or 20ZI:

(a) if the person is the Commonwealth—the Minister may, on behalf of the Commonwealth, by writing, determine that the buildings or infrastructure is no longer required by the Commonwealth; or

(b) in any other case—the person may, by writing, determine that the buildings or infrastructure is no longer required by the person.

25 At the end of paragraphs 23(1)(a), (b), (ba), (c), (d), (e), (ea), (f) and (fa)

Add “and”.

26 After paragraph 23(1)(fa)

Insert:

(fb) if a lease of land in the area of the Land Council is or has been granted under section 31 of the Northern Territory National Emergency Response Act 2007 by a Land Trust—to represent the Land Trust in relation to negotiations to agree on an amount to be paid to the Land Trust under subsection 62(1G) of that Act in relation to that grant; and

(fc) if a lease of land in the area of the Land Council is or has been granted under section 31 of the Northern Territory National Emergency Response Act 2007 by the relevant owner of the land (within the meaning of paragraph (b) or (f) of the definition of relevant owner in section 3 of that Act)—to represent that relevant owner, if requested to do so, in relation to negotiations to agree on an amount to be paid to that relevant owner under subsection 62(1G) of that Act in relation to that grant; and

(fd) if a lease of land in the area of the Land Council is or has been suspended under section 40 of the Northern Territory National Emergency Response Act 2007—to represent the holder of the lease, if requested to do so, in relation to negotiations to agree on an amount to be paid to that holder under subsection 62(1G) of that Act in relation to that suspension; and

27 At the end of subsection 23(1)

Add:

; and (i) such other functions as are prescribed by the regulations.

28 After section 33A

Insert:

33B Land Council may charge other fees

(1) A Land Council may charge the Commonwealth a fee for the reasonable expenses incurred by the Council in performing functions referred to in paragraph 23(1)(fb), (fc) or (fd).

(2) A Land Council may charge the Commonwealth a fee for the reasonable expenses incurred by the Council in providing services prescribed by the regulations for the purposes of this subsection.

(3) A fee under subsection (1) or (2) must not be such as to amount to taxation.

(4) Nothing in this section prevents a Land Council charging the Commonwealth a fee under section 33A.

29 Paragraph 34(1A)(a)

After “33A”, insert “or 33B”.

30 Subsection 34(4) (after paragraph (a) of the definition of administrative costs)

Insert:

(aa) expenses for which the Council may charge a fee under section 33B; and

31 Paragraph 35(1)(b)

After “33A”, insert “or 33B”.

32 Subsection 35(4)

Omit “or under a lease or licence under section 19 or 20 but not including a payment under section 64”, substitute “, under a lease or licence under section 19 or 20 or in accordance with section 60 or 62 of the Northern Territory National Emergency Response Act 2007 but not including a payment under section 33A, 33B or 64 of this Act”.

33 At the end of subsection 37(2)

Add:

; and (c) the total fees the Council received under section 33B during that year.

34 Before paragraph 64(4A)(a)

Insert:

(aa) the acquiring of a lease by the Commonwealth if the Minister has agreed to a request under subsection 19(3A) or 20CA(2) in relation to the lease; or

(ab) the administering of a lease covered by paragraph (aa) if the Executive Director entered into the lease on behalf of the Commonwealth; or

(ac) the acquiring of a sublease by the Commonwealth if the Minister has agreed to a request under subsection 20CA(2) in relation to the sublease; or

(ad) the administering of a sublease covered by paragraph (ac) if the Executive Director entered into the sublease on behalf of the Commonwealth; or

35 After subsection 76(1)

Insert:

(1A) The Minister may, in writing, delegate any of the Minister’s functions or powers under Part IIB to:

(a) the Secretary of the Department; or

(b) an SES employee or acting SES employee in the Department; or

(d) an SES employee or acting SES employee in any other Department of the Commonwealth; or

(e) the General Manager of Indigenous Business Australia appointed under section 168 of the Aboriginal and Torres Strait Islander Act 2005.

Northern Territory National Emergency Response Act 2007

36 Subsection 52(8)

Repeal the subsection.

37 At the end of subsection 63(1)

Add:

; (f) an amount that is payable by the Commonwealth under section 33B of the Aboriginal Land Rights (Northern Territory) Act 1976.

Schedule 2—Acquisition of rights, titles and interests in land

Northern Territory National Emergency Response Act 2007

1 Subsection 35(2)

Omit “section 62”, substitute “subsection 62(5)”.

2 Subsections 38(1) and (2)

Repeal the subsections, substitute:

(1) The following have effect despite section 67A of the Aboriginal Land Rights (Northern Territory) Act 1976 (which is about land subject to traditional land claims):

(a) the grant to the Commonwealth, under section 31 of this Act, of the lease of Canteen Creek (as described in clause 65 of Schedule 1 to this Act);

(b) the grant by the Commonwealth, under subsection 35(5) of this Act, of any estate or interest in Canteen Creek (as so described).

(2) Except as set out in this section, the grant of a lease of land, or an estate or interest in land, referred to in paragraph (1)(a) or (b) does not affect any application, made under paragraph 50(1)(a) of the Aboriginal Land Rights (Northern Territory) Act 1976 in relation to that land, that has not been finally disposed of immediately before the lease, or the grant of the estate or interest, takes effect.

3 Subsection 38(3)

After “lease”, insert “referred to in paragraph (1)(a)”.

4 Subsection 47(2)

Omit “land has been resumed or forfeited”, substitute “land has been resumed, or a lease in respect of that land has been forfeited,”.

5 At the end of subsection 52(1)

Add:

Note: The Land Trust for land covered by a lease granted under section 31 may also grant, in respect of the land, an interest of a kind prescribed by the regulations (see subsection (4A)).

6 After subsection 52(4)

Insert:

Grants of interests by a Land Trust under section 19 if prescribed by regulations

(4A) Despite the grant of a lease of Aboriginal land under section 31, the Land Trust for the land may, in accordance with section 19 of the Aboriginal Land Rights (Northern Territory) Act 1976, grant an interest (including a licence but not including a lease) of a kind prescribed by the regulations for the purposes of this section.

7 Subsection 52(5)

Repeal the subsection, substitute:

No other dealings authorised

(5) To avoid doubt, subsections (1) and (4A) do not authorise a Land Trust to deal with an estate or interest in land covered by a lease granted under section 31, other than by granting a lease or an interest as referred to in those subsections.

8 Paragraphs 53(1)(c), 54(1)(c), 58(1)(c) and 59(1)(c)

Omit “land resumed or forfeited”, substitute “land that has been resumed, or land in respect of which a lease has been forfeited,”.

9 Paragraph 61(a)

Omit “section 62”, substitute “subsection 62(5)”.

10 Before subsection 62(1)

Insert:

Agreement on amounts in respect of leases granted under section 31

(1A) The Commonwealth Minister and the relevant owner (the other party) (not being the Northern Territory) of land that is covered by a lease granted under section 31 may agree in writing on an amount to be paid by the Commonwealth to the other party.

(1B) The payment of the amount agreed under subsection (1A) may be made as a one‑off payment, or a periodic payment while the lease is in force, as agreed by the Commonwealth Minister and the other party.

(1C) Before the Commonwealth Minister and the other party agree on an amount under subsection (1A), the Commonwealth Minister may request the Valuer‑General (appointed under section 5 of the Valuation of Land Act of the Northern Territory) to determine an indicative amount for the purposes of subsection (1A).

Agreement on amounts in respect of lease terminated under paragraph 37(1)(b)

(1D) The Commonwealth Minister and the person (the other party) who held a lease of land that is terminated under paragraph 37(1)(b) may agree in writing on an amount to be paid as a one‑off payment by the Commonwealth to the other party.

Agreement on amounts in respect of leases suspended under section 40

(1E) The Commonwealth Minister and the person (the other party) who holds a lease of land that is suspended under section 40 may agree in writing on an amount to be paid by the Commonwealth to the other party.

(1F) The payment of the amount agreed under subsection (1E) may be made as a one‑off payment, or a periodic payment while the lease is suspended, as agreed by the Commonwealth Minister and the other party.

General provisions relating to payment of agreed amounts

(1G) The Commonwealth must pay the other party the amount agreed under subsection (1A), (1D) or (1E).

(1H) If the other party is not represented by a Land Council (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976) in relation to negotiations to agree on an amount under subsection (1A), (1D) or (1E), the Commonwealth must pay the reasonable expenses incurred in representing the other party in relation to the negotiations.

Note 1: The heading to section 62 is altered by omitting “rent” and substituting “agreed amounts or rent etc.”.

Note 2: The following heading to subsection 62(1) is inserted “Payment of rent”.

11 Subsection 62(2)

After “Commonwealth Minister”, insert “under subsection (1C) or (1)”.

Note: The following heading to subsection 62(2) is inserted “General provisions relating to requests for valuation”.

12 Subsection 62(3)

Omit “under this section”, substitute “under subsection (1C) or (1)”.

13 Subsection 62(4)

Omit “subsection (1)”, substitute “subsection (1C) or (1)”.

14 Subsection 62(5)

After “Valuer‑General”, insert “under subsection (1)”.

Schedule 3—Park lands

Aboriginal Land Rights (Northern Territory) Act 1976

1 Subsection 77C(1)

Omit “Part 2, 3 or 4”, substitute “Part, 2, 3, 4 or 5”.

2 At the end of Schedule 1

Add:

Part 5

ARLTUNGA HISTORICAL RESERVE

All that parcel of land near Arltunga in the Northern Territory of Australia containing an area of 5,439 hectares more or less being the whole of Northern Territory Portion 6620 more particularly delineated on Survey Plan S2005/20 lodged with the Surveyor General, Darwin.

CHAMBERS PILLAR HISTORICAL RESERVE

All that parcel of land near Maryvale in the Northern Territory of Australia containing an area of 340.2 hectares more or less being the whole of Northern Territory Portion 843 more particularly delineated on Survey Plan B312 lodged with the Surveyor General, Darwin.

CORROBOREE ROCK CONSERVATION RESERVE

All that parcel of land near Undoolya in the Northern Territory of Australia containing an area of 7.28 hectares more or less being the whole of Northern Territory Portion 758 more particularly delineated on Survey Plan B190 lodged with the Surveyor General, Darwin.

DAVENPORT RANGE NATIONAL PARK

All that parcel of land near Kurundi in the Northern Territory of Australia containing an area of 111,900 hectares more or less being the whole of Northern Territory Portion 4386 more particularly delineated on Survey Plans S2005/21A and B lodged with the Surveyor General, Darwin.

DEVILS MARBLES CONSERVATION RESERVE

All that parcel of land near Wauchope in the Northern Territory of Australia containing an area of 1,775 hectares more or less being the whole of Northern Territory Portion 6621 more particularly delineated on Survey Plan S2005/22B lodged with the Surveyor General, Darwin.

EMILY AND JESSIE GAPS NATURE PARK AND HEAVITREE RANGE EXTENSION

1) Emily and Jessie Gaps Nature Park

All that parcel of land near Alice Springs in the Northern Territory of Australia containing an area of 670.2 hectares more or less being the whole of Northern Territory Portion 6624 more particularly delineated on Survey Plan S2005/23B lodged with the Surveyor General, Darwin.

2) Heavitree Range Extension

All that parcel of land in Alice Springs in the Northern Territory of Australia containing an area of 541.6 hectares more or less being the whole of Lot 9519 more particularly delineated on Survey Plan S2005/23A lodged with the Surveyor General, Darwin.

EWANINGA ROCK CARVINGS CONSERVATION RESERVE

All that parcel of land near Owen Springs in the Northern Territory of Australia containing an area of 6.09 hectares more or less being the whole of Northern Territory Portion 953 more particularly delineated on Survey Plan A447 lodged with the Surveyor General, Darwin.

FINKE GORGE NATIONAL PARK

All that parcel of land near Finke Gorge in the Northern Territory of Australia containing an area of 35,810 hectares more or less being the whole of Northern Territory Portion 6623 more particularly delineated on Survey Plans S2005/24A to S2005/24C inclusive lodged with the Surveyor General, Darwin.

GREGORY NATIONAL PARK

Eastern Segment:

All that parcel of land near Delamere in the Northern Territory of Australia containing an area of 150,400 hectares more or less being the whole of Northern Territory Portion 6512 more particularly delineated on Survey Plans S2005/194A to E inclusive lodged with the Surveyor General, Darwin.

Western Segment:

All those parcels of land near Timber Creek in the Northern Territory of Australia containing a total area of 1,134,800 hectares more or less being the whole of Northern Territory Portions 4734 and 6511 more particularly delineated on survey plans S2005/193A to G inclusive lodged with the Surveyor General, Darwin.

GREGORY’S TREE HISTORICAL RESERVE

All that parcel of land near Timber Creek in the Northern Territory of Australia containing an area of 2.02 hectares more or less being the whole of Northern Territory Portion 554 more particularly delineated on Survey Plan A155 lodged with the Surveyor General, Darwin.

N’DHALA GORGE NATURE PARK

All that parcel of land near Loves Creek in the Northern Territory of Australia containing an area of 501.6 hectares more or less being the whole of Northern Territory Portion 784 more particularly delineated on Survey Plan S2005/26 lodged with the Surveyor General, Darwin.

TREPHINA GORGE NATURE PARK

All that parcel of land near Trephina Gorge in the Northern Territory of Australia containing an area of 1,772 hectares more or less being the whole of Northern Territory Portion 776 more particularly delineated on Survey Plan B230 lodged with the Surveyor General, Darwin.

WEST MACDONNELL NATIONAL PARK

1) Alice Valley

All that parcel of land near Owen Springs in the Northern Territory of Australia containing an area of 16,900 hectares more or less being the whole of Northern Territory Portion 3290 more particularly delineated on Survey Plan S2005/29 lodged with the Surveyor General, Darwin.

2) Alice Valley Extension

All that parcel of land near Owen Springs in the Northern Territory of Australia containing an area of 21,780 hectares more or less being the whole of Northern Territory Portion 6867 more particularly delineated on Survey Plan S2007/29 lodged with the Surveyor General, Darwin.

3) Chewings Range Extension

All that parcel of land near Hamilton Downs in the Northern Territory of Australia containing an area of 21,100 hectares more or less being the whole of Northern Territory Portion 3472 more particularly delineated on Survey Plan S88/13 lodged with the Surveyor General, Darwin.

4) Ellery Creek Big Hole Nature Park

All that parcel of land near Hermannsburg in the Northern Territory of Australia containing an area of 1,752 hectares more or less being the whole of Northern Territory Portion 6631 more particularly delineated on Survey Plan S2005/28 lodged with the Surveyor General, Darwin.

5) Glen Helen Gorge Nature Park

All that parcel of land near Glen Helen in the Northern Territory of Australia containing an area of 386 hectares more or less being the whole of Northern Territory Portion 831 more particularly delineated on Survey Plan A322 lodged with the Surveyor General, Darwin.

6) Ormiston Gorge and Pound National Park

All that parcel of land near Ormiston Gorge in the Northern Territory of Australia containing an area of 4,656 hectares more or less being the whole of Northern Territory Portion 910 more particularly delineated on Survey Plan OP1331 lodged with the Surveyor General, Darwin.

7) Part West MacDonnell National Park

All that parcel of land near Glen Helen in the Northern Territory of Australia containing an area of 75,080 hectares more or less being the whole of Northern Territory Portion 3719 more particularly delineated on Survey Plans S2005/30A to D inclusive lodged with the Surveyor General, Darwin.

8) Part West MacDonnell National Park

All that parcel of land near Milton Park in the Northern Territory of Australia containing an area of 40,280 hectares more or less being the whole of Northern Territory Portion 4156 more particularly delineated on Survey Plan S92/64 lodged with the Surveyor General, Darwin.

9) Part West MacDonnell National Park

All that parcel of land near Narwietooma in the Northern Territory of Australia containing an area of 13,480 hectares more or less being the whole of Northern Territory Portion 4116 more particularly delineated on Survey Plan S92/29A lodged with the Surveyor General, Darwin.

10) Redbank Gorge Nature Park

All that parcel of land near Glen Helen in the Northern Territory of Australia containing an area of 1,295 hectares more or less being the whole of Northern Territory Portion 951 more particularly delineated on Survey Plan OP1362 lodged with the Surveyor General, Darwin.

11) Serpentine Gorge Nature Park

All that parcel of land near Owen Springs in the Northern Territory of Australia containing an area of 518 hectares more or less being the whole of Northern Territory Portion 779 more particularly delineated on Survey Plan OP1333 lodged with the Surveyor General, Darwin.

12) Simpson’s Gap National Park

All that parcel of land near Simpson’s Gap in the Northern Territory of Australia containing an area of 32,570 hectares more or less being the whole of Northern Territory Portion 6625 more particularly delineated on Survey Plans S2005/25A and S2005/25B lodged with the Surveyor General, Darwin.

13) Simpson’s Gap National Park Extension

All that parcel of land near Alice Springs in the Northern Territory of Australia containing an area of 1,921 hectares more or less being the whole of Northern Territory Portion 6629 more particularly delineated on Survey Plans S2005/27A to D inclusive lodged with the Surveyor General, Darwin.

[Minister’s second reading speech made in—

House of Representatives on 29 May 2008

Senate on 16 June 2008]

(119/08)