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

9 WHILE THE CONTRACT HAS BEEN ENTERED TO ALLOW THE COMPULSORILY DESTOCKING TO TAKE PLACE, FT WILL ALSO PROVTOE A "SAFETY NET" IN THE EVENT THAT FT IS ALLEGED IN COURT THAT THE TERRITORY ACTUALLY HAS NO STATUTORY POWER TO IMPLEMENT THAT DESTOCKING PROGRAM ON ABORIGINAL LAND. MR SPEAKER, MEMBERS OPPOSITE MIGHT WELL SCOFF AT THE VEXED ISSUE OF APPLICABniTY, BUT LET ME ASSURE THEM THAT THE NORTHERN LAND COUNCIL AND THE NT GOVERNMENT ALIKE ARE RJLLY AWARE OF THE DOUBT THAT EXISTS OVER OUR JURISDICTION. TO RJRTHER DEMONSTRATE THE POINT, MEMBERS OF THE HIGH COURT OF AUSTRALIA HAVE REFERRED TO THE SITUATION CREATED BY SECTIONS 71 AND 74 ON VARIOUS OCCASIONS. FOR EXAMPLE, HIS HONOUR JUSTICE BRENNAN SAID IN THE QUEEN V KEARNEV EX PARTE NLC (1985) 158 ALR 365 @ 392: "WHEN LAND IS OR BECOMES ABORIGINAL LAND, THE USE OR OCCUPATION TO WHICH AN ABORIGINAL OR GROUP OF ABORIGINALS IS ENTITLED ACCORDING TO ABORIGINAL TRADITION IS GUARANTEED BY S71., AND THE LAWS OF THE NORTHERN TERRITORY - INCLUDING PLANNING LAWS - ARE INCAPABLE OF INTERFERING WITH THAT USE OR OCCUPATION'. DO I NEED TO REPEAT THAT AGAIN FOR THE OPPOSmON? THE mGH COURT SAYS THAT OUR LAWS ARE INCAPABLE OF INTERFERING WITH TRADITIONAL ABORIGINAL USE. FURTHER AGAIN, IN RE KEARNEY : EX PARTE NLC (1984) 523 ALR 1 @ 12 HIS HONOUR JUSTICE WILSON MADE A SIMFLAR REFERENCE IN DISCUSSING THE OPERATION OF SECTION 71 OF THE ACT AND WHY IT APPEARED THAT THE