Document ID: chunk:federal_register_of_legislation:C2004A04953:body:0:p4
Version: federal_register_of_legislation:C2004A04953
Segment Type: other
Provision Reference: 
Character Range: 7513–10250

to have been elected to that office.".

11. Subsection 38(2):

After "Aboriginal Land" insert "(other than land within the Jervis Bay National Park or the Jervis Bay Botanic Gardens)".

SCHEDULE 1—continued

12. Subsection 38(4):

Add at the end "(other than land within the Jervis Bay National Park or the Jervis Bay Botanic Gardens)".

13. Subsection 38(5):

After "Authority" insert "under this section".

14. After section 38:

Insert:

Agreement to lease land within Jervis Bay National Park etc. to Director

"38A. If a notice is published in the Gazette under subsection 9A(3), the Council and the Director must, as soon as practicable after the notice is published, enter into an agreement under which the Council agrees to grant to the Director a lease of the land described in the notice so as to enable the Director to hold the land for the purposes of the National Parks and Wildlife Conservation Act 1975.

Lease of Jervis Bay National Park etc. to Director

"38B.(1) As soon as practicable after a declaration by the Minister under subsection 9A(1) has come into force, the Council must grant to the Director a lease of the land that has become Aboriginal Land under the declaration.

"(2) The terms and conditions of the lease are those set out in the agreement between the Council and the Director under section 38A.

"(3) Except with the consent of the Minister, the term of a lease must not be more than 99 years.

Minister may grant lease

"38C. If the Minister is satisfied that the Council has refused, or is unwilling, to grant to the Director a lease of Aboriginal Land within the Jervis Bay National Park or the Jervis Bay Botanic Gardens as required under the agreement entered into with the Director under section 38A, the Minister may, on behalf of the Council, grant the lease to the Director as set out in the agreement.".

15. After section 52:

Insert:

By-laws

"52A.(1) In this section 'Aboriginal Land' does not include land declared under section 9A.

SCHEDULE 1—continued

"(2) The Council may make by-laws for or with respect to:

(a) economic enterprise on Aboriginal Land;

(b) cultural activities on Aboriginal Land;

(c) the management, access, conservation, fire protection, development and use of Aboriginal Land;

    (d) the declaration of sacred or significant sites or other areas of significance to Aboriginal people on Aboriginal Land;

(e) the activities to be permitted on Aboriginal Land or any part of it;

(f) protection and conservation of flora or fauna found on Aboriginal Land;

    (g) in relation to Aboriginal Land, the cutting, removal and sale of timber, the granting of revocable licences and the payment of royalties for timber to the Council;

(h) hunting, shooting and