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Aboriginal Lands Warning “Queensland Statute Reprints” QUT Digital Collections This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld). This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain. ©State of Queensland [Reprinted as at 1 September, 19831 As amended by ea% ~e~d~en~Act 1978, N Part I1 co~menced18 January 1979 (Proc. pubd. Gaz. 13 January 1979, p. 88). An. Act to provide for the creation of a Local Authority Area at Aurukun and a Local Authority Area at Mornington Island and for purposes connected therewith / [ASSENTED TO 22 MAY, 19781 BE IT ~~~~T~~ by tihe ~ueen'sMost Excellent ~aj~sty,by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PARTI-PRELIMINARY 1. Short title. This Act may be cited as the Locnl ~~v~r~~~~~~ (~~~rj~i~~~Lands) Act 1978. Collectivc title conferred by Act of 1981, No. 106, s. 1 (3). 2. Arr~~~~e~tof Act. This Act is divided into Parts and a schedule as follows:- PART 1-PRELIMINARY (ss. 1-3) ; PART 11-INCORPORATION OF ABORIGINALCOUNCILS AND GRANT OF LEASE (SS, 4-8); PART I~I-LOCAL AUTHORITYAREAS AND 'COUNCLLS (SS. 9-16>; PART IV-CO-ORDINATING AND ADVISORY COMMlTTEES (SS. 17-22) ; 2 s. 3 LOCAL COV. (A~O~I~~~LPLNTS) ACT 1978-1981 PART V-P~UVISI~NS ~~NC~~~~NGTHE SHIRES AND THEIR @OUNCILS (SS. 23-39); SCHEDULE. As amended by Act of 19811, No, 106. s. 2. 3. ms. (1) In this Act, save where a contra^ in tentio “Aborigine” means a person who is a descendant of an in~igenous inhabitant of Australia, other than the Torres ,Strait Islands; ‘~~boriginalCouncil” means an Aboriginal Council established pursuant to section 31 of the Aborigines Act 1971-1975; “Aurukun Reserve” means the reserve that existed for the benefit of the Aboriginal i~ab~tantsof the State at Au~kunand that was abolished by Order in Council dated 6 April 1973 published in the Gazette Extraordinary of the same date; c‘liquor” means wines, spirits, beer, ale, porter, stout, cider, perry or any other spirituous or fermented fluid whatever vf an intoxicating nature; inister” means the IMinister for Local Government and Main Roads and includes any person for the time being performing the duties of the IMinister; ornington Reserve” means the reserve that existed for the use of the Aboriginal inhabitants of the State at Mornington Island and that was abolished by Order in Council dated 6 April 1978 published in the Gazette Extraordina~of the same date; “public purposes” means any purpose defined as such by the Land Act 1962-1975 and the purpose of townships. (2) In this Act- (a) a reference to the Min~sterincludes reference to the person who for the time being is the Minister of the Crown charged with responsibility for Local ~o~e~~entin Queensfland; (b) a reference to the Minister tor Aboriginal and Island Affairs includes reference to the person who for the time being is the Minister of the Grown charged with responsibility for A~or~~inalAffairs in (c) a r to the Minister of State for the Co~~onw~alth #or nal Affairs includes reference to the person who fur being is the 1;Minister of State for the Common- wealth charged with res~nsibility for Aboriginal Affairs in Austpalia. ~~~d by Act of 1981, No. 106, s. 3 PART II-I~~~RP~RA~I~NOF A~~RI~~NAL ~~UNC~LS AND GRANT OF LEASE 4. ~~~~~~~t~0~0% Ab~~i ~~~n~~~.(I) Each of them, the Aborigina~ Council, which im tely prior to 6 April 1978 existed for the Au~kunReserve, and the A~origin~~Council, which immediately prior to 6 April 1978 existed for the Mornington Reserve, shall be deemed to have con~inuedin existence and to exist at the passin Act not~~~hstandingthe abolit~onof those reserves. (2) For the purpose oP acquiring and holding the interest in Ian required by section 6 to be granted to it- (a) the Aboriginal Council firstly referred to in subsection (I) is hereby constituted a body corporate in the name, Council of the Shire of Aurukun; and (b) the Aboriginal Council secondly referred to in subsection (1 1 is hereby constituted a body corporate in the name, Council of the Shire of ~ornin~ton. (3) Each of the bodies corporate incorporated by subsection (2) has perpetual succession and a common seal which shall be judicia,lly noticed and shall, under the name assigned to it by subsection (2), be capable in. law of suing and being sued, of holding the interest in land granted to it pursuant to section 6 and, subject to this Act, of doing and suffering all such other acts and things as bodies corporate may in law do and suffer. (4) The persons who first constitute the bodies corporate incor- porated by subsection (2) shall be- (a) in the case of Council of the Shire of Aurukun, the persons who immediately prior to 6 April 1978 constituted the Aboriginal Council for the Aurukun Reserve; (b) in the case of Council of the Shire of ~o~ingt~n,the persons who immediately prior to' 6 April 1978 constituted the Aboriginal Council for the Mornington Reserve, or, in either case, such of those persons who are living at the passing of this Act. ~~t~.For as long as section 13 applies to a body corporate incorporated by section 4 (2) a vacancy in its membership may be filled in the same manner as a vacancy in the membersh~~of the Aboriginal ~~uncilso incor~orated as that body corporate could have 'been filled prior to 6 April 1978. s. (1) As soon as ~racticableafter the passing of this Act, the Governor in Council shall, subject to subsection (3) grant- (a) to Council of the Shire of Aumkun, incurpuratg~by section 4 (21, a lease of the: whole of the land comprising the Shire of Aurukun declared by section 9; and 4 s. 6 LOCAL GOIV. (ABORIGINAL LANDS} ACT 1978-1981 (b) to Council of the Shire of ornington, incorporated by section 4 (2), a #leaseof the whole of the land comprisin~ the §hire of ~orning~ondeclared by section 10. The land to which such a grant relates together with i~provements included in the grant is in tihis Act referred to as the demised land. (2) A grant pursuant to subsection (1)- (a) shall be made under and in accordance with this Act by way of a lease for the objects and p~~osesof this Act; (b) shall be subject to the conditions and reservat~onsset out in ithe schedule; (c) shall be construed in accordance with this Act; and (d) save as is prescribed by subsection (4), shall not be one to which the Land Act 1962-1975 applies. '(2~)The reservation and setting apart, prior to tlhe date of com- mencement of Part I!. of the Locat Government (Aboriginal Lands) Act ~~e~~~~tAct 1978, of #land, which pursuant to section 9 or 10 is part of the Shire of Aurukun or, as the case may be, Shire of ~o~ington, as a reserve for any public purpose is hereby cancelled and each Order in Council by which the same was reserved and set apart shall be deemed to have been rescinded. (3) When making a grant pursuant to subsec~io~( 1) the Governor in Council may reserve to the Crown- (a) in &e case of the grant to Council oif the Shire of Au~~un~ the right to reserve and set apart for one or more of prescribed public purposes, whether specified or not- (i) parts of the demised land being the shaded areas shown on the plan contained in Schedule 2; and (ii) parts of the demised land in or adjacent to the existing township in the Shire being of an aggregate area of 4 hectares approximately, ~ithoutspecifying, in relation to the parts referred to in provision (ii), in the grant or in the instr~mentof lease evidencing the same the parts of the demised land affected by the reservation; (b) in the case of the grant to Council of the Shire of ~ornington, the right to reserve and set apart for one or more of prescribed public purposes, whether specified or not- (i) parts of the demised land being the shaded areas shown on the plan contained in Schedule 3; and (ii) parts of the demised land in or adjacent to the existing township in the Shire being of an aggregate area of 4 hectares approximateiy, without specifying, in relation to the parts referred to in provision (ii), in the grant or in the inst~mentof lease evidencing the same the parts of the demised land affected by tlhe reservation; LOCAL GOlV. (AIBOBIOINAL ~~S)1978-fP811 s. 6 5 (c) in the case of each grant, the right to ~eserveand set apa~ for public purposes, whether specified or not, any part or parts of the demised land of an area to be specified but not exceeding 500 hectares in the case of the grant to Council of the Shire of Aurukun and 100 hectares in the case of the grant to Council of the Shire of ~orningt.on,without s~ifyin~in the grant or in the instrument of lease evidencing the same the part or parts of the demised land affected by the reser- vation. For the purposes of subparagraphs (a) and (b) of the preceding ~aragrapha ~resc~~edpublic ~urposeis one of the foll~wingpurposes:-- departmental and official purposes; educational institutions or education purposes; health or hos pi t a1 s ; police The reservation and setting apart of land pursuant to the right reserved under the first paragraph of this subs~tionshall be effected by the Governor in Council by Order in Council and the provisions of of the Lurid Act 1962-1978 apply in re~ationthereto as if the question were Crown land and the reservation and setting apart were authorized by that Part of that Act.
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