Document ID: chunk:federal_register_of_legislation:C2004A04953:body:0:p2
Version: federal_register_of_legislation:C2004A04953
Segment Type: other
Provision Reference: 
Character Range: 2671–5450

as in the National Parks and Wildlife Conservation Act 1975.

Note: The Director is an Authority within the meaning of the definition of Authority.

Jervis Bay Botanic Gardens means the part of the Australian National Botanic Gardens that is in the Jervis Bay Territory.

Jervis Bay National Park means the area of the Jervis Bay Territory declared to be a park, and to which that name was assigned, by Proclamation under subsection 7(2) of the National Parks and Wildlife Conservation Act 1975.

land, unless the contrary intention appears, includes any seabed or any subsoil.".

3. After paragraph 6(c):

Insert:

    "(ca) in consultation with the Minister, to consider and, where practicable, take action for the benefit of the Community in relation to the housing, social welfare, education, training or health needs of the members of the Community;

     (cb) to provide community services to members of the Community;

     (cc) to protect and conserve natural and cultural sites on Aboriginal Land;

     (cd) to engage in land use planning in relation to Aboriginal Land;

     (ce) to manage and maintain Aboriginal Land; and

     (cf) to conduct business enterprises for the economic or social benefit of the Community;".

SCHEDULE 1—continued

4. Subsection 7(3):

Omit "$1,000", substitute "$100,000".

5. After section 9:

Insert:

Grants of land within Jervis Bay National Park etc. to Council

"9A.(1) The Minister may declare in writing that land within the Jervis Bay National Park or the Jervis Bay Botanic Gardens is Aboriginal Land if he or she is satisfied that:

(a) the land is of significance to the Aboriginals who are members of the Community; and

(b) it would be appropriate to grant the land to the Council.

"(2) The Minister may not make a declaration under subsection (1) unless the Council and the Director have entered into an agreement under which the Council agrees to grant to the Director a lease of all land that is to become Aboriginal Land under the declaration. The terms and conditions of the lease are to be set out in the agreement.

"(3) If the Minister proposes to make a declaration under subsection (1), the Minister must publish a notice in the Gazette:

(a) stating his or her intention to do so; and

(b) describing the land that would become Aboriginal Land under the declaration.

"(4) The Minister's declaration is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901".

6. Section 10:

Omit "or 9", substitute ", 9 or 9a".

7. Subsection 25(4):

Omit "At a general meeting", substitute "Subject to section 26A, at a general meeting".

8. Subsection 26(1):

Omit "Subject to subsection (2)", substitute "Subject to subsection (2) and section 26A".

9. After section 26:

Insert in