Document ID: chunk:federal_register_of_legislation:C2011C00065:clause:4_70b:p1
Version: federal_register_of_legislation:C2011C00065
Segment Type: clause
Provision Reference: sch 4 cl 70B (pt 1/2)
Character Range: 56048–58652

70B  Entering or remaining on Aboriginal land—access roads to communities

 (1) Subject to this section, a person may enter or remain on:
 (a) a road:
 (i) that is on vested Aboriginal land; and
 (ii) that is outside community land; and
 (iii) that provides access to community land; and
 (iv) that is specified in a determination under subsection (2) or that provides access to an aerodrome, or a landing place for vessels, that services the members of the community concerned; or
 (b) an area that is within 50 metres either side of the centreline of such a road (to the extent that area is on vested Aboriginal land and is not a sacred site);
if the entry or remaining is for the purpose of travelling to or from any community land and is not for a purpose that is unlawful.

Note: See section 70A for the definitions of vested Aboriginal land and community land.

Specification of roads

 (2) The Minister may, by written determination, specify roads for the purposes of subparagraph (1)(a)(iv). A road may be specified by reference to a start point and end point. A road specified under this subsection includes that road as it lies from time to time.

 (3) A determination made under subsection (2) is not a legislative instrument.

 (4) The Minister must ensure that notice of a determination under subsection (2) is given in the manner the Minister thinks appropriate.

 (5) A failure to comply with subsection (4) does not invalidate the determination.

Limitation

 (6) Subsection (1) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

 (7) For the purposes of subsection (6), the regulations may provide that specified provisions of a law of the Northern Territory apply in relation to a road or an area to which subsection (1) applies as if the road or area were open to or used by the public.

 (8) Subsection (7) does not limit subsection (6).

No obligation to maintain roads or areas

 (9) The Land Trust concerned is under no obligation to maintain a road or an area to which subsection (1) applies to a level that is suitable for use by the public.

Protection from liability

 (10) No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1).

No limit on section 19 or 19A

 (11) This section does not limit the application of section 19 or 19A in relation to a road or an area to which subsection (1) applies.

Temporary restrictions