Document ID: chunk:federal_register_of_legislation:F2021L01354:body:0:p104
Version: federal_register_of_legislation:F2021L01354
Segment Type: other
Provision Reference: 
Character Range: 295359–298155

resources is also covered by ss.354 and 354A of the EPBC Act if the resources are members of a native species and/or if access is for commercial purposes. Access is covered by r.12.10 of the EPBC Regulations if it is in the course of scientific research; in that case access must be in accordance with a management plan.

 Penalties

 Civil and criminal penalties may be imposed for breaches of the EPBC Act and criminal penalties may be imposed for breaches of the EPBC Regulations.

   Aboriginal Land Rights (Northern Territory) Act 1976 (the Land Rights Act) and the park lease agreement (the lease)

   All of the park is Aboriginal land under the Land Rights Act with title held by the Uluṟu-Kata Tjuṯa Aboriginal Land Trust. The Land Trust has leased its land to the Director in accordance with the Land Rights Act for the purpose of being managed as a Commonwealth reserve.

   The park lease agreement expires on 25 October 2084. With the exception of the term, the provisions of the lease may be reviewed by the Land Trust, the Central Land Council and the Director every five years, or at any agreed time. Five years before the Lease expires the Land Trust and the Director will negotiate for its renewal or extension. The Land Trust and the Director may agree in writing to terminate the lease at any time.

   If any legislation enacted in connection with the park is inconsistent with the Lease and substantially detrimental to the Land Trust or to 'relevant Aboriginals' in terms of the park's administration, management or control, the lease is deemed to be breached. Such action may lead to termination of the lease on
   18 months' notice being given by the Land Trust, subject to an obligation to negotiate bona fide with a view to a new lease being granted.

   Under the lease the rights of 'relevant Aboriginals' are reserved, subject to reasonable constraints set out in a management plan for reasons of safety, security, privacy or protection of the park.

   Central Land Council

   The Central Land Council's functions under the Land Rights Act for the Central Land Council region include:

    •      ascertaining and expressing the wishes and opinions of Aboriginal people about the management of their land and legislation about their land;
    •      protecting the interests of traditional Aboriginal owners and other Aboriginal people interested in Aboriginal land;
    •      assisting Aboriginal people to protect sacred sites;

    •      consulting with traditional Aboriginal owners of, and other Aboriginal people interested in Aboriginal land   in the region, about proposals for the use of that land;

    •      assisting Aboriginal people to carry out commercial activities; and

    •      supervise and assist Land Trusts that hold title to Aboriginal