Document ID: chunk:federal_register_of_legislation:C2016C00958:front:0:p3
Version: federal_register_of_legislation:C2016C00958
Segment Type: other
Provision Reference: 
Character Range: 5267–7364

Aboriginals;
 (vii) it is expedient to acknowledge, recognise and assert the traditional rights of Aboriginals to that part of Condah land and the continuous association they have with the land; and
 (b) that:
 (i) Framlingham Forest was originally Aboriginal land and was later part of lands reserved temporarily from sale and for the use of Aboriginals under the exercise of the power vested in the Government of the State of Victoria with the advice of the Executive Council by Act No. 24 Victoria 117 and pursuant to the order of the Executive Council made on 19 September 1861;
 (ii) Framlingham Forest was traditionally owned, occupied, used and enjoyed by Aboriginals in accordance with Aboriginal laws, customs, traditions and practices;
 (iii) the traditional Aboriginal rights of ownership, occupation, use and enjoyment concerning Framlingham Forest are deemed never to have been extinguished;
 (iv) Framlingham Forest has been taken by force from the Kirrae Whurrong (Pertobe) Clan without consideration as to compensation under common law or without regard to Kirrae Whurrong Law;
 (v) Aboriginals residing at Framlingham Forest and other Aboriginals are considered to be the inheritors in title from Aboriginals who owned, occupied, used and enjoyed Framlingham Forest since time immemorial;
 (vi) Framlingham Forest is of spiritual, social, historical, cultural and economic importance to the Kirrae Whurrong community and to local and other Aboriginals;
 (vii) it is expedient to acknowledge, recognise and assert the traditional rights of Aboriginals to Framlingham Forest and the continuous association they have with Framlingham Forest:
  AND WHEREAS the Government of Victoria has requested the Parliament of the Commonwealth to enact an Act in the terms of this Act:
  AND WHEREAS the Commonwealth does not acknowledge the matters acknowledged by the Government of Victoria, but has agreed to the enactment of such an Act:
  BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Part I—Preliminary