Territory Stories

Ministerial Statement Application of Territory laws on inalienable freehold title Hon. Daryl Manzie Attorney-General 24 November 1993

Details:

Title

Ministerial Statement Application of Territory laws on inalienable freehold title Hon. Daryl Manzie Attorney-General 24 November 1993

Other title

Tabled Papers 1860

Collection

Tabled Papers for 6th Assembly 1990 - 1994; Tabled Papers; ParliamentNT

Date

1993-11-25

Description

Tabled by Daryl Manzie

Notes

Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.

Language

English

Subject

Tabled papers

File type

application/pdf

Use

Copyright

Copyright owner

See publication

License

https://www.legislation.gov.au/Details/C2021C00044

Parent handle

https://hdl.handle.net/10070/306478

Citation address

https://hdl.handle.net/10070/347167

Page content

MR SPEAKER, IN LOOKING AT THE LEGISLATION IN DETAIL/ IT SHOULD ALSO BE NOTED THAT THE EXEMPTION TO THE APPLICABILITY OF TERRITORY LAWS PROVIDED UNDER SECTION 71 DOES NOT JUST APPLY TO THE HANDFUL OF TRADITIONAL ABORIGINAL OWNERS. UNDER THE ACT/ THE INAPPLICABILITY OF TERRITORY LAWS APPLIES TO A MUCH WIDER CLASS OF PEOPLE - THOSE BEING ALL ABORIGINAL PEOPLE OR GROUPS OF ABORIGINES WHO ARE ENTITLED TO ENTER UPON, AND USE OR OCCUPY THAT LAND IN ACCORDANCE WITH ABOMGINAL TRADFTION. I THINK IT'S FAIR TO SAY MR SPEAKER, THAT TmS MEANS THAT ALMOST EVERY ABORIGINAL TERRTTORIAN WHO HAS THE PERMISSION OF THE LAND OWNERS TO USE OR OCCUPY THAT LAND CAN CLAIM SOME FORM OF EXEMPTION. MR SPEAKER, IN TRYING TO DETERMINE THE EXTENT TO WHICH TERRITORY LAWS MIGHT ULTIMATELY BE FOUND TO NOT APPLY ON ABORIGINAL LAND, WE MUST FmST ADDRESS THE SHEER IMPRECISION AND UNCERTAINTY SURROUNDING THE TERM "ABORIGINAL TRADFTION". ACCORDING TO SECTION 3(1) OF THE LAND RIGHTS ACT, ABORIGINAL TRADITION "MEANS THE BODY OF TRADmONS, OBSERVANCES, CUSTOMS AND BELIEFS OF ABORIGINALS OR OF A COMMUNITY OR GROUP OF ABORIGINALS, AND INCLUDES THOSE TRADITIONS, OBSERVANCES, CUSTOMS AND BELIEFS AS APPLIED IN RELATION TO PARTICULAR PERSONS, SFTES/ AREAS OF LAND, THINGS OR RELATIONSHIPS". MR SPEAKER, OBVIOUSLY THIS DEFINITION IS IN GENERAL TERMS AND IS EXTREMELY WIDE IN SCOPE. BUT AT PARAGRAPH 43.1.12 OF THE WARUMUNGU LAND CLAIM REPORT (8 JULY 1988), THE THEN ABORIGINAL LAND COMMISSIONER/ MR RJSTICE MAURICE, STATES THAT:


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