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

10 COMMONWEALTH HAD SEEN FIT TO PRECLUDE LAND CLAIMS TO LAND "WITHIN A TOWN". "THESE PROVISIONS (SECTION 71) MAKE IT PRACTICALLY IMPOSSFBLE TO SUBFECT ABORIGINAL LAND TO THE EXERCISE OF THE ORDINARY POWERS OF MUNICIPAL OR TERRITORIAL GOVERNMENT..." MR SPEAKER, THE MEMBERS OPPOSITE STILL CARRY ON ABOUT THE APPLICABFLn-Y OF TERRITORY LAWS ON ABORIGINAL LAND AS EF IT WERE A FURPHY OR NON-ISSUE. WHETHER TERRITORY LAWS APPLY ON ABORIGINAL LAND OR NOT WILL INVARIABLY DEPEND UPON THE FACTS AND CIRCUMSTANCES RELATING TO THE SITUATION OR ACTD/TTY SOUGHT TO BE CONTROLLED OR REGULATED BY THE TERRITORY. MR SPEAKER, THERE CAN BE LITTLE DOUBT THAT IN CIRCUMSTANCES WHERE THE OCCUPANTS CAN SUCCESSRJLLY PROVE THAT THE SITUATION OR ACTWTTY FORMS PART OF "ABORIGINAL TRADmON", THEN THE OCCUPANTS WILL BE IMMUNE FROM THE OPERATION AND EFFECT OF STATUTORY TERRITORY LAW. MR SPEAKER, THIS UNTENABLE SITUATION HAS POSSIBLE RAMIFICATIONS FOR THE ENFORCEMENT OF ALL TERRITORY LEGISLATION, AND PARTICULARLY THE STOCK DISEASES ACT/ BHSHFIRES ACT, NOXIOUS WEEDS ACT, SOIL CONSERVATION AND LAND HTIUSATION ACT, FENCES ACT AND FIREARMS ACT TO NAME RJST A FEW. WE DON'T NEED TO LOOK TOO FAR FOR EXAMPLES OF PROBLEMS WHICH MAY OCCUR AS A RESULT OF THIS ANOMALOUS SFTUATION. FOR INSTANCE, THE USE OF FIRE BY ABORIGINAL PEOPLE IN CARING FOR THEIR LAND AND DRWING GAME OUT INTO