Warning

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 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 , 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 ; 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. Upon publication in the Gazette of the (a) the land so reserved and set apart shall thereby be excised from the demised land, shall be taken to have been reserved and set apart for the public purpose ~~~ifiedby the in Council and may be dealt with in accordance with P of the ~~d Act 1962-1975; (b) the Registrar of DcaIings shall make all necessary entries and endorsements in and on the registers of deallings affecting

land under the ~~ Act 1962-1975 and the relevant instru- ment ob lease to evidence the excision of the land so reserved and set apart from the demised land. i~ompensationin respect of the excision of land from the demised land pursuant to the right reserved under this subsection shall be limited to the value of any i~provementson the land so excised that are not the property of the Crown. (4) The provisions of the Lmd Act, 1962-197s that provide for regis~ationuf grants made pursuant to that Act and of inst~~entsof lease evidencing such grants and o€ other instruments affecting the same apply to a grant made pursua~tto subsection (1) and to an inst~ment of lease evidencing the grant and any other instrument affeGtin~the smne. (5) The Governor in Council may grant a further lease to the Council of the Shire of Au~~un.or the Council of the Shire of Mornington for such term and upon such conditions and reservations as he thinks fit if he is satisfied- (a) that the terms and condition^ of the lease granted to the council concerned pursuant to subsection (1) have been satisfact~r~lycomplied with; and 6 SS. 7-11 LCC'AL GOV. (AIBORIGINAL LAN'DS) ACT 1978--1981

(b) that it is desirable in the light of ail the circu~stancesexisting at that time that a further lease should be granted. As amended by Act of 1975, No. 87, 5, 5. ~v~~e~t§.A grant made pursuant to scction 6 (1) shall incl 11 be taken to inc~ud~improve~ents, the property of the Crown, which- (a) are on the land to which the grant relates at the time when the grant is made; or (b) are erected on the demised land after the time when the grant is rnade. As amended by Act of 1978, No. 87, s. 6. s to be tr~$tee§. AI1 interests in land herd by Council of rukun or Council of the Shire of ~ornington,tihe bodies incorporated by section 4 (2) or by the Council of the Shire of Aurukun or the Council of the Shire of Mornington, the Local Authorities con- stituted under the Local ~ov~rn~~n~Act 1936-1977, shall be deemed to be held in trust for the benefit of persons who for the time being reside on any part of the land and the holder of those interests shall be deemed to be a trustee of the same for that purpose.

PART 111-LOCAL AuT~~~z~YAREASAND C~U~CI~S 9. Shire r~~~~.(1 ) The area delineated on Map R-0. SC 212 deposited in epartment of Mapping and Surveying at as the Shire of Aurukun is h declared to be an Area and a Shire within the meaning of the Local e~n~~n~Act 1936-197'1 which, unless its name is duly altered acco to law, shall be called by the name, Shire of Aurukun. (2) The land comprising the Shire of Aurukun is hereby excluded from the and the Area in which the Ad~inistratorof the Council of the Shire of Cook has jurisdiction is hereby reduced accord- ingly. (3) Unless the boundaries of the Shire of Cook are altered according to law, the boundaries of that Shire are as delin ed on map No. SC 2113 deposited in the ~epartmentof ~appin~and rveying at Brisbane as the Shire of Cook. o~~~~gto~.The area delineated on map No. SC 212 deposited in the ~e~art~entof map pin^ and ~urveyin~at Brisbane as the Shire of ~orningtonis hereby declared to be an Area and a Shire within the meaning of the Local Government Act 1936-1977 which, unless its name is duly changed according to law, shall be called by the name, Shire of Morii~ng~on. 11. ~~p~~s~f maps to be held, (1) A copy of the map referred to in section 9 (1) sihall be held in the office of the Director of Local Government at Brisbane and in the office of Council of the Shire of A ti ru kri 11. (2) A copy of the map referred to in section 9 (3) shall be held in the office of the irector of Local ~ove~entat Brisbane and in the office of the Adm istrator of the Council of the Shire of Cook. (3) A copy of the map referred to in sect n 10 shall be held office of the Director of Local ~ove~~entat rigbane and in tbe of the Council of the Shire of ~o~ing~on. (4) The obligation to hold a map specified in the foregoing sub- sections in an office specified therein shall continue only until another map is substituted for that map f~llowin~an alteration of the bounda~es to which that map relates. the of the ornin~tonshall be thin the meaning of the Local Government Act 1936-1977, shall be deemed to1 be constituted under that Act and, subject to this Act, shall have the functions, powers, duties and obligations of a Local Authority under that Act in respect of its Area, (2) The chairman and members who shall first constitute the Council of the Shire of Aurukun or the Council of the Shire of Mornington shall be elected at elections 'held in accorda with the Local ~~~e~nrne~t 1936-1977 on a day declared by the overnor in Council by Orde Council as the day on which either both ob such elections shall be held or on the last Saturday in March 1979, whichever day shall be the earlier, or. if, in respect of either Shire, an e'lection to constitute its council is not held on the day on which. it should have been held to accord with the forego~n~provis~ons of &is subsect~o~,then on a date as soon there- after as is reasonable and each such council shall be taken to be duly constituted upon conclusion of that election. (3) The return~n~officers at the elections of the ch~irmanan embers who shall first constitute the councils referred to in this sectio shall be persons appointed by the Governor in Council on the recom- mendation of the Minister, by notification published in the Gazette. (4) Where either of the councils referred to in this section is con- stituted pu~~uantto an election held on a day prior to the last Saturday of March 1979 the Governor in Council may direct by Older in Council that, in respect of that council, the triennial election required by the Locd G~~e~~~~~tAct 1936-1978 to be held on that ~aturday shall1 not be held ~he~euponthat council shall continue in office as if such triennial election had been duly held and each {member of that council shall be deemed to have been. duly elected thereat. As amended by Act of 1978, Nu. 87, s. 7.

by section 12, the body corporate inc 4 shall be deemed to be the Council of subject to this Act, the funct~ons,powers, duties and obligat~onsof a Local Authority under the Local Government Act 1936-1977 in the Shire as if it were the Council of the ire of Au~kunduly constituted under that Act. (2) Until the ~ouncilof the Shire of Mo~in~tonis duly c~s~ituted as prescribed by section 12, the body corporate incorporated in that name by section 4 shall be deemed to be the Council of the Shire of Mo~in~ton and to have, subject to this Act, the functions, powers, duties and obliga- tions of a Local Authority under the Local Gove~n~e~tAct 9936-1977 in the Shire as if it were the Council of the Shire of Aurukun duly con- stituted under that Act. (3) For as long as subsection (1) or (2) has effect the person who for the time being is chairman of the Aboriginal Council at Aurukura or the Ab~riginalCouncil at ~orningtonIsland shall be deemed to be chairman of the Council of the Shire of Aurukun or, as the case may be, chairman of the Council of the Shire of M~rnington.

14. A~~~ic~~~o I) Subject to this Act, the provisions of the Eocd Government Act 1936-1977 apply to and in relation to- (a) the Areas and Shires declared by sections 9 and 10. each o€ which shall 'be deemed to be an Area constituted under that Act; and (b) the councils constituted for those Shires as prescribed by that Act and the bodies corporate deemed to be such councils as prescribed by this Act. 115. Effect of election of Shim Cooncils. (1) Upon the conclusion of the election at which the Council of the Shire of Aurukun is duly constituted- (a) the persons who then are m embers of the body corporate inc~rporat~dby section 4 in the name, Council of the Shire of Aurukun, shall go out of office as such members; (b) property held on behalf of the Aboriginal Council at Aurukun but not vested in the body corporate referred to in paragraph (a) shall by force of this Act vest in the Council of the Shire of Aurukun so constituted; (c) rights and ob~i~ationshad by or incurred by or on behalf of the body corporate referred to in paragraph (a) may be enforced by or against the Council of the Shire of Aurukun so constituted; (d) it shall be deemed that the body c~r~~rat~referred to in paragraph (a) is continued in existence and preserved as the Council of the Shire of Aurukun so constituted. (2) Upon the conclusion of the election at which the Council of the Shire of ~~rni~~t~nis duly constitutd- (a) the persons who then are members of the body corporate inc~rporatedby section 4 in tihe name, Council of the Shire of Mornington, shall go out of office as such members; (b) pr~~rtyheld on behalf of the Abori~nalCouncil at Morn- ington Island but not vested in the body corporate referred to in paragraph (a) shall by force of this Act vest in the Council of the Shire of Mornin~onso ~onstituted; (c) rights and obligations had by or incurred by or on behalf of the body Cor~ratereferred to In para~raph(a) may be enforced by or against the Council of $he Shire of Mornington so constit~ted; (d) it shall be deemed that the boldy corporate referred to in paragraph (a> is continued in existence and preserved as the ICouncil of the Shire of Morn~~o~so c~nstituted. P s, The power to dissolve cou the Governor in Council by section 4 (9) of the Local Governlment Act 193 977 shall not be exercised in relation to the Council of the Shire of kun or the Council of the Shire of Mornington in the circumstances specified in the first paragraph of that subsection but may be exercised in relation to those. councils on the reco~~endationof the Minister made after consultation with the Minister for Aboriginal and Island Affairs and the Minister of State for the Com~on~ealt~for ~~~ri~inal Affairs.

PART~~-CO-~~~INATIN~ AND 3.7, ~~~o~~~~~tof co~mdaees. s soon as practicable after the passing of this Act there shall be td and, for the res scribed period, maintained two committees e which shall be called the Co-ordinating Advisory Committee. One such committee shall be appointed for the Shire of Aurukun the other such cobmmittee shall be appointed for the Shire of n~~~ton. (2) The prescribed period referred to in subsectio~(1) is three years commencing on the date cm which the co~itteein question is first appointed and, if $he council of the Shire for which the committee is app~intedrequests that the co~itteebe continued in ex is ten^^, such further period or periods as the council so requests. Each C~o~~nati~gand

(a) a ~epresentat~veof the ~inister; (b) esentative of the Minister far Aboriginal and Island

$ (e) a representative of the Minister of State for the Cornmon- wealth for Aboriginal Affairs. (2) Each person propolsed foir memb ip of a committee shall be ~o~~atedby the Minister whom he is represent and, subject to section 20, shall [beappointed by the over^^ ia. Council by ~~t~~a~i~~ published in the Gazette. (3) The term Of appointment of each member of a committee shaIl be three years co~enc~~on the date #on which his appointment is ~ot~edin the Gazette,

nt rs, Upon a vacancy in the Of Advisory committee before the expiration by effluxion of time of his term of appointment or at any e term of appointment of a member of a committee another e ap~~ntedin the manner prescribed by section 18 (2) er of the committ~- (a) in the case of a vacancy, for the balance of the term of appointment of the member in whose oEce the vacancy has occurred; and (b) in any 'other case, during the absence or incapacity of the member for whom he is appointed as a substitute.

es. A person shall not be app~intedas a CO- and Advisory Committee unless he is such to all Ministers who are entitled to nominate a proposed member.

af ~~~~es,The functions of a ~o-ordinat~~g y Com~itteeare- (a) to assist the council of the Shire for which the committee is appointed in the formulation of policy towards the control and management of the Shire for which the committee is appointed; (b) to assist in the fiscal ~~ag~m~n~and economic planning of the Shire for which the c~mmitt~eis (c) to advise the council of the Shire for the committee is appointed with respect to by-laws proposed by the couacili of that Shire; (d) to advise generally the council of the Shire for which the co'~~tteeis appointed atters relevant to the interests of the ~esi~entsof that (e) to keep the ster for A~~~ginaland Island Affairs and the Minister of State for the ~om~on~ealthfoy Aboriginal Affairs informed of matters in respect of which the committee has tendered advice or provided assistance.

clils, (1) The Governor i own motion or on the ~ecomm~ndationof the er of the Crown in right of Queensland assistance as, in the opinion of the Governor in Council, is necessary he Council of the Shire of Aurukun or the Council of the mington to perform its functions. persun who is assi~edto mrk by ~a~ of am to either council aforesaid shall be taken to be ~rf~ga ~~~t~~~ under this Act while he is so engaged,

PART ~~UNCr~~ es* The following persons are auth in the Shire of Aurukun or the

(a) an A~riginewho on 5 April 1978 was ~awf~lyentitle reside in the Au~~unReserve or, as the case may ~o~ingt~nReserve; (b) a descendant of an Abor.@ne referred to in paragr (c) an Aborigine who at any time lawfu~~yresided in the Reserve or, as the case may be, the ~umin in the Shire of Au~~unor, as the case may Mornington and who has obtained the approval council of the Shire concerned to return to1 reside in Shire; ) a ~es~e~~antof an Aborigin~ referred to in ~~agrap~(c); (e) a desce~dantof an Aborigine who, if he had obtained the approval of the appropriate council would be an. Aborigine referred to in paragraph (c), which descendmt has obtained the approval of the council of the Shire ~~nce~e~to resli in the Shire; (f) a pers~n, other than one referred to in. the foregoing provisions, who intermarries or has intermarried with Aborigine who is authorized or becomes authorized tot reside Aurukw or, as the case may be, the Shire

) a ers son whu seeks entry to or is in the Shire; of A& or, as the case may be, the Shire of ~~r~n~o~for the purpose of performing or exercising in the Shire a function or power under this oc any other Act or under an Act of th, if it is ~ec~ssaryor e ce or exerc~seof that f or nt in the Shire and if such function or power is directed to the needs or service of the Shire QT of any resident in the Shire; (6) a persg who is the holder of Ian or, as the case may be, the Shir public purpose or who is the holder of a lease, licence, it or other authurity issued under any Act which in its express terms authorizes him to enter upoa land that is in th case may be, the Shire af ~esira~lefvr the: 12 ss. 24, 25 LOCAL 'GClV. (ABORIGIINAI, LANDS) ACT lY78-19&1 proper exercise sf the entitlement conferred by the lease, licence, permit or other author~ythat he be resi~entin the Shire; (i) a person who is assisting or is acting under the d~e~ti~nor cantrol of a persun authorized by paragraph (g) or (h) to reside in the Shire of Aurukun or, as the case may be, the Shire of M~rnin~on,whether or not such la3t-mentio~ed person resides in the Shire. As amended by Act of 1978, No. 87, s. 8. es. (1) The follow~ng Shire of Auru~unor the Shire of Mornington and to remain atherein until the purpose of their entry to the Shire is fulfilled:- (a) the ~over~or-~eneralof Australia and the Governor d Queensland; (b) a person whuse purpose in the Shire is to bring tu residents of the Shire religious instruction, material comforts or medical aid; (c) a person whose purpose in the Shire is to instruct himself on affairs within the Shire as a member of the ~~g~s~~tiv~ Assembly of Queensland or of either Ouse of the Parliament of the Comrnonwealth; (d) a person whose purpose in the Shire is to ca~pai~as a bona fide candidate for election to the Legislative Assembly of Queens~an~or either House of the Parliament of the Commonwealth at an election for which a writ that requires its holding has been duly issued; (e) a person who sting or is acting under the direction or control of a referred to in the forego if such last-rn d person is in the Shire. (2) A person shall not be taken to have the purpose of bring' ious instruction to residents of either Shire referred to in subsectio unless he is a person or is of a class of person ord~nari~ywed by a or other religious organi~at~on,which itself is recognized as roughout Australia, as a religious instructor. senee in . Each of the Coun the Shire of ton may, pursuant to its power to make by-laws conferre Local ~~v~r~~~~~Act 1936-1977 as modi~edby this Act- (a) make by-laws that authorize persons of a class specified therein to ~~ter,to be in or to reside in its Area; fb) make by-laws not inconsistent with this Act that exclude persons of a class specified therein from its Area or prohibit or restrict persons of a class specified therein from entering, in or residing in its Area. wer af ~~ec~~e~~1. (1) In addition to all other POW by it to remove ons from land of which it is lessee, the Council of the Shire of Aurukun and the Council of the Shire of ~or~ngto~may cause its agents to summarily remove from its Area- (a) any person who is there without authorjty conferred by this Act or by the by-laws of the council; (b) any person- (i) who belongs to a class of per so^ that is excluded fro Area by its by-laws; or (ii) who belongs to a class of person whose entry to its Area is prohibited by its by-laws; or (iii) who, being if member of a class of person whose en being in or residing in its Area is restricted by its by-laws; has contravened or failed to comply with the relev~t by-laws. (2) Any member of the Police Force, upon being requested SO to do by an agent of either council r~ferredto in subse~tionQ: 11, shall assist in the summary removal of any person under that subsection and, while so acting, is authorized to be in the Shire concerned. all attach to any member of the Police orce by reason only of the fact that a person in whose removal from an Area he has assisted should not have been so removed. (3) It is lawful to rase reasonable force in the exercise of conferred by subsection (1) and in assisting therein. (4) A person who is lawfully removed from the Shire or from the Shire of ~orningtonand who at the time of his qualified to be nominated as a candidate and to be elected or member of the Local uthority of the Shire shall, after his removal, not be ~uali~e~to be inated as a candidate or to be appointed or to act as rman or member of that Local unless he becomes a resident in the Shire, duly authorized according to law. As amended by Act of 1978, WO, 87, s. 9.

7. SO refused entry to or is pon or remaining in the Shire of Aurukun or the Shire of Mornington the council of the Shire con~e~edshall, on the de~andof that person, cause to be given to him a notice in writing that scts out the reason for the refusal or prevention. (2) A person who is refused entry to or is prevented from entering on or remaining in a Shire referred to in subs~tion( 1) and who claims to be authorized by this Act or by-Jaws referred to in section 25 to enter, be in or reside in the Shire may appeal in respect of such refusal. or vention by written application to ~t~~en~ia~~ag~tratewho the time being is appointed as a oca1 ~ove~ent( Abori Lands) Appeals Magistrate. The Governor in Council may by notification published in the Gazette appoint such number of Stipendiary Magistrates as he thinks fit to be Local ~over~e~t(Abori~n Lands) Appeals ~a~istrates as he thinks fit. (3) ~ponan a~plicationreferred to in subs~tion(2) having been made the magistrate may require the applicant and the Council of the Shire to which the application relates to furnish to him such i~ormation as he deems necessary to enable him to determine the matter of the application. (4) Upon receipt by him of the i~o~a~onsought by him or in default of any such information being furnished to him within a time specified by him, when he is satisfied of the facts of the case, the m~~istrate may make such order as appears to him to be in accordance with law. The order of the magistrate- (a) shall be find; (b) shall bind the applicant and the council of the Shire concerned and its agents; and (c) shall be given effect.

. (1) A person shall or the Shire of ngton unless he is autho~zedby this Act or by-laws of the counc~lof the Shire. person who is authorized to enter, be in or reside in either of hire of Aumkun or the Shire of Momin~tonshall not, by reason of that authority alone, be authorized to enter, 'be in or reside in the other of the said Shires.

n of A~o~~~~$'~~~~~~ ~o~w~thstandingthe provisions of any Act an Aborigine who lawfully resides in the Shire of Aurukun or the Shire of Mornington- (a) may capture, have in possession, and kill within the Shire any specimen of native fauna and consume the same to the extent necessary for the sustenance of himself and members of his family or ho~sehold; (b) may gather, dig and remove forest products, quarry material mcf similar material wi~hi~the Shire to the extent that he requires the same for his domestic use.

es, (1) From a grant made pursuant to section 6 (1) there shall be reserved to the Crown-

(a) all gold and minerals within the mean~gof the ~~~~~ Act 1968-1976 and all mines of gold and minerals on or below the surface of the demised land; (b) all petroleum within the meaning of the ~e~~u~~~~Act 1923- 1976 on or below the surface of the demised land; LOCAL GOV. (ABORIGTNAL LANDS) ACT 1978-1981 SS. 31, 32 15

(c) the free right of access, including ingress, egress and regress into, upon, over and out of the demised land for the purpose of searching for or working gold and minerals or mines of gold or minerals or of searching for or conducting the operations of obtaining petroleum; (d) all rights of the way for access and for pipe lines and con- veyors and for other purposes requisite for obtaining and ~onveyingpetro~eum, gold, minerals, ore and other material from the demised land. (2) Sections 29 and 30 of the ~~o~~g~~e~Act 1971-1975 apply in respect of prospecting or mining in the Shire of Aurukun and the Shire of Mornington as if each of those Shires were a serve for Aborigines ~stab~shedunder that Act but for the purpose of at application- (a) a reference therein to the trustee of the reserve shall be read and construed as a reference to the counc~of the Shire in which the prospecting or mining may occur; (b) a reference therein to the Minister shall be read and construe^ as a reference to the Governor in Council. (3) Nothing in subsection (2) or in the provisions of law therei referred to shall affect the rights conferred by or the obligations assume under or the status of any person under the agreement made with re to mining bauxite in the Auru~unReserve, a copy of which agre is set out in the Aurukun Associates Agree~e~~Act 1975, or under any amendment of that agreement.

31, Forestry rights in Shires. (1) From a grant made pursuant to section 6 (1) there shall be reserved to the Crown all forest products and quarry mater~alwithin the ~eaningof the ~o~e~~ryAct 1959-1976, which Act shall apply to the demised land as if it were a Crown holding within the meaning of that Act. (2) Notwithstanding the provisions of the Forestry Aci 1959-1976 the Council of the Shire of Aurukun and the Council of the Shire of o~~gtonmay authorize the gathering, digging and removal of forest products and quarry material on or in the demised land for the purpose of i~provingthe demised land or of using the same on the demised land and the same may be gathered, dug and removed to the extent duly authorized without the payment of royalty in respect thereof,

wep Over Im ~ Notwithstanding the provisions of the LOG^ ~~ver~~e~#Act 1936-1977 or section 4 of this Act each of them, the Council of the Shire of Aurukun, the body corporate incorporated by section 4 in that name, the Council of the Shire of ~orningtonand the body corporate incorporated by section 4 in that name is not empowered- (a) to sublet the land to which a grant made ~ursu~~to section 6 ( 1) relates or any part of the demised land or to create any 16 S. 33 LOCAL GOlV. I(ABORI;G~NALLANDS) A'CT 1978-1981 interest in the demised land or any part thereof less than the interest held by it under such grant; (b) to sell or othe~isedispose of the interest in the demised land held by it under such grant; (c) to grant any licence to occupy or other right to exclusive possession in the demised land or any part thereof; (d) to mortgage or otherwise charge the interest in the demised land held by it under such grant; (e) to subdivide or agree to the subdivision of the demised land or any part thereof; (I) to acquire or hold land or any interest in land otherwise than as provided in section 6 (I), save in accordance with proposals sub~ittedby the council or, as the case may be, the body corporate to the Minister and approved by the overnor in Council.

order in ~~~~~$.(1) For the purposes of any law that confers powers exercisable in public places the Shire of Aurukun and the Shire of ~orningtonshall be dee~edto be public places except for such parts thereof as are used by a resident therein as his residence or place of business. Persons exercising or about to exercise such powers or any of them are authorized to be in the Shire in which the exercise is occurring or is about to occur. (2) The function of maintaining peace and good order in all parts of the demised land in the Shire of ~uru~unor the Shire of Mornin~on shall be that of persons who are appointed, for the time being, as Aboriginal police for the Shire pursuant to this subsection. The council of each of the Shires aforesaid may, subject to the approval of the Minister for Police, appoint such number of persons as it considers necessary for the peace and good order of the Shire to be Aboriginal police for the Shire and shall equip such persons appoint~d with a uniform and such other marks of authority as it thinks fit to enable such persons to perform their function. Abo~~inalpolice appointed for a Shire shall have and may exercise, within the area of their jurisdiction prescribed by this subsection, such powers as are confe~redon them by by-law of the council of the Shire, and if at any time a member of the Police Force is stationed in the Shire or is in the Shire in execution of his duty they shall perform their function and exercise their powers subject to the directio~and control of such members. (3) It is lawful for a person charged by subsection (2) with the m~in~e~a~ceof peace and good order to use reasonable force in the performance of that function. 34. ettf ~~~~~~~.(1) Until a date to be appo~te ~ouncilon the reco~enda~onof the Minister made after consultation with the Minister for Aboriginal and Island Affairs and the Minister of State for the Commonwealth for Aborig~alAffairs, a person appointed by the Council of the Shire of ~urukunor the Council of the Shire of Mor~i~gtonor by a body corporate deemed to be such a council to be clerk of the Shire shall be taken not to be such clerk unless, before his appointment he was approved for such appointment by the ~i~sterafter such co~sultationas aforesaid. (2) Subject to subsectivn ( I), the a~int~entof a person as clerk of the Shire of ~uruk~or, as the case may be, the Shire of M~r~~t~ shall be taken to have been duly made under the Local ~09~~~~entAct 1936-1977 and the appointee shall be taken to be clerk of the Shire notwi~st~~~~that he has not the ~u~i~~ati~nsre~ui~edof such a clerk by that Act. (3) If at any time the Council of the Shire of ~u~~unor the Council of the Shire of Mornington or a body corporate deemed to be such a council fail to duly int a person to be clerk of the Shire,, the person n~~n~tedby the nor in Council to pe the duties of clerk of the Shire in question shall be taken to be such clerk while he wn- tinues to perform such duties.

at s. (1) The first orporate incorporated by sectiron 4 in the names, Council of the Shire of Aurukun and Council of the Shire of ~or~gton,shall be wnvened in ac~rdancewith the hx-1 ern- rnent Act 1936-1977 by the Minister cm a date as soon as ~actic~b~~ after the passing of this Act at the place ordinarily used by the Aboriginal Council at ~u~kunor, as the case may be, on Island for its meetings. (2) The first meeting o€ the CO of the Shire of A~~ku~ and of the Ceuncil of the Shire of ington first constituted as pro~dedfor by this Act- fa) shall be convened in acc~rdan~ewith the ~0~~~~ov~~~~~~~ Act 1936-1978 by the person who was retu~ingofEcer at the election of the council first constituted; and (b) shall be convened Ion a date as soon as practicable after the co~lusi~~of that election. (3) Until by-laws that provide for the business and procedure at meeti~gsof fahe Council of the Shire of Au~unor, as &e case may be, the Council of the Shire of ~o~~gtenare duly made and have taken effect the conduct (3.9' meetings of the council shall be as the council fr~time to the resolves. This subs~ti~nalso applies ;to the conduct of meetings of each of them the bodies corporate ~n~or~oratedby s~~on 4. As amended by Act of 1978, No, 87, s. 10. Shires, (1) Each of them, the nd the Council of the Shire of ~ornington,is authorized to establish and ma~tainwithin its Shire premises for the sale and supply of beer to persons in the Shire and to conduct within its Shire the business of selling and su~p~yingbeer to such persons. (2) The authority conferred by subsection (1) on the Council of the Shire of M~r~gtonincludes authority to take over and maint~n the premises known as the Canteen on ~orningtonIsland and to conduct in and from those premises the business of selling and supply~gbeer to persons in the Shire, (3) If the authority conferred by subsection (1) is exercised by a council, it shall be exercised as a function of local government and as an undertaking of that council subject tu and in accordance with the Local Government Act 1936-1978 and may be exercised through such person or persons as are nominated by the Council and approved by the Governor in Council by Order in Cauncil. (4) The provisions of the Liquor Act 1912-1976, other than section 81 thereof, do not apply in respect of the establis~entor maintenance of premises for the sale and supply of beer pursuant to the author~tyconferred by subsection (1) or in respect of the condu~~ therein and therefrom of the business of selling and supplying of beer pursuant to that authority or in respect of the consu~ptionof beer so sold and supplied. For the purpose of the application of section 81 of the Liquor ct 1912-1976 in respect of such premis~sin the Shire of Au~kun or the Shire of Mornington the pre

Of (1) the Shire of ber olice Force is authorized- (a) to search for liquor any person who is subject to a pr~hibiti~~ order made under section 37 (3); (b) to search for liquor any pre~sesor place occupied or used by any person who is subject to a prohibition order made under section 37 (3); (c) to search for liquor any property of or thing in the ~ss~~ion of any person who is subject to a pro~~i~o~order made under section 34 (3) ; (d) to seize, carry away and hold as evidence all liquor found in the course of a seaxch authorized by this subsection and suspected of being had ia possession in contravention of a pr~h~biti~norder made under section 37 (3); (e) for a purpose specified in paragraph (b) or (c), and subject to subs~ti~n(2), to enter into or upon premis~sor a place of a description referred to in paragraph (b), by force if necessary, and to break open any property or thing of a descripti~nreferred to in paragraph (c) and, in the exercise of a power conferred by this subsection, to make use of such a~istantsas he ~nsidersn~es~a~. (2) ~u~section(1) does not, in pa rag rap^ (e), a~tho~zeany person to enter into or upon any premises or place or part thereof, which premises, place or part is used solely as a ~~e~~n~unless--- (a) he has obtaiin~the permission of the occupier of the premises, place or part; or (b) he is in ~ssessi~nof a waTra~tof a justice that authorizes him to enter into or upon the premises, place or part for the purpose of searching for liquor therein. For the ~u~osesof this ~u~se~~onthe curtilage of any premises or place shall not be taken to be a part of those premises or that place wed as a ~~el~ing. (3) A justice who is satisfied complaint on oath of a me~ber of the Police Force that there is re le cause to suspect that in any ~r~isesor place, or in any part thereof, used solely as a d~e~lilngthere is liquor had in possession in contravention of a hibition order made under section 37 (3) may issue his warrant dire. to the plaina ant all members of the Police Force or a particula ber of the Police orce specified therein to enter into or upon the premises, place or part whether by day or by night for the purpose of searching for that liquor. (4) A warrant issued under subseGtion (3) shall, for a period of one month from the date of its issue be au~horityto the person to1 whom it is directed or a person sf a description of person to which it is directed and to any person acting in aid of him to enter into or upon the ~re~ises, place or part thereof specified in the warrant and to exercise the further pawers specified in paragraph (e) of subsection (1). Inserted by Act of 1981, No. 106, s. 4.

3 swi s. (1) Roads within. the Shire of Aurukun or the Shire of ~or~~tonwhether constructed or formed before the commencement of the Local Gmernment (~~~r~~~nulLands) Act ~~en~~en€Act 1978 or c~~tructedor formed thereafter shall be delineated on maps deposited in. the Department (of Mapping and Surveying at Brisbane, A copy sf each such map shall be held in the office of the Director 'of Local Government at Brisbane and in the office of Council of the Shire of Aurukun or, as the case may be, Council of the Shire of ~or~n~ton. (2) The location sf a road de~ineated on a map referred to in subsection (2) may be su~cient~yde~ineated thereon by a dotted line and may be varied, should the case require it, by an amended delineation in like manner on a later map deposited in the Department. (3) Where possible the width of each road delineated on a map pursuant to this section shall be specified on that map and in any case where such width is not so specified it shall be taken be 60 metres. (4) A, road constructed or formed within the §hire of Aurukurn or the Shire of Morningtan, whether before or after the commencement of the Local ~o~ern~e~~(Aboriginal Lands) Act ~~en~~eIz~Act 1978 shall be deemed to be a road dedicated to public use and tu be a road within the mean in^ of- (a) the Main Roads Act 1920-1976; (b) the Traffic Act 1940-1977; or (c) any other Act the application of which in or in relation to any place depends upon that place being a road or part of a road. (5) No person shall be entitled to be on a road referred to in subsection (4) by reason af that subsection unless he is author~zed by some other provision oif this Act to be in the Shire of Au~k~n or, as the case may be, the Shire of Mornington at the material time. Present s. 39 (original s. 37) inserted by Act of 1978, No. 87, s. 12; renumbered by Act of 1981, No, 106, s. 5,

SCH~~UL~1 Is. 6 (2?1 Original schedule renumbered as schedule 1 by Act of 1978, No, 87, s. 13 (a). he term shall be 50 years commencing on the date of the grant. 2. The rent shall be $1 per year, if demanded. 3. The area of the ~~mis~dland shall be defined in the inst~ment of lease by reference to approx~atedistances and compass readings and by reference to a map deposited in the Department sf Mapping and S~~ey~~at Brisbane. 4. The bounda~sf the demised land shall extend to and shall be the high water mark at mean spring tides of the main sea. he lessee shall maintain the airstrip on the demised land in good order and condition and shall permit the use of the airstrip by cmmercid aircraft and by other aircraft on reasonable terns and conditions. 24 Sch. P LOGAL GON. (ABOREGINAL LANDLS) ACT 1978-19811 6. The lessee shall mainitah the demised land free from noxious plants and animal pests. 7. The lessee shall not interfere with forest products or remove quarry material within the ~me~in~of those terms in the Folvestry Act 1959-1976 son or in the demised land without the Minister's permission except under the authority of the cal ~~~er~~e~~(Aburigi~l ~~~~~) Act 1978 or under the authurity of and in, accordance in every respect with a permit, licence, agreement or contract granted or made under the ~o~e~~ryAct 1959-1976. 8. The lease shall ;be subject to such reservations as are authorized by the Local Government (Aboriginal Lmds) Act 1978 and are specified in the i~s~umentof lease and to such reservations as are re~uiredby that Act, whether or not so specified. 9. The lease shall contain such provisions as the Gsvemss in Council considers necessary to secure, for the ;benefit 08 Aborigines who reside on the demised land, ~r~servatiunof their trad~tion~lrights, 'use and mupancy of the demised land enjoyed by them as at 6 April 1978. 10, Such other conditions and reservations as the Governor in ~ouncilthinks fit to provide for any ~atternot incons~stantwith the conditions or reservations set out in this scheduIe or with the Local ~~ver~~~~~(Aboriginal Lands) Act 1978. LOCAL GOV. {A~OR~~rNALLANDS) ACT 1978-1981

SCHEDULE2 Inserted by Act of 1978, No. 87, s. 13 (b). 26 LOCAL GOV. (ABORIGINAL LANDS) ACT 1978-1981

S~H~DU~E3 Inserted hy Act of 1978, NO,

6!>1494y Autbority: S. R. H,tr*riw)u. Government PIiilter. Queens!~~d TO

Page

Aboriginal Council- for Aurukun Reserve- to be Council of the Shire of Aurukun being body s. 4(2) .. .. 3 corporate to continue in existence ...... 4 (1) .. *. 3 for Mornington Reserve- to be Council of the Shire of Mornington being body 4 (2) .. .. 3 corporate to continue in existence .. .* .' .. .* 4 (1) .. .. 3 meaning of term . . .. ,...... 3 (1) .. .. 2 Aboriginal police-.

to be appointed to maintain law and order .. .. 33 I. .. f. 16 Aborigine- m~ni~ofterm...... , *. .' 3 (1) .. .I 2 Act- arrangementof ...... 2 .. f. .. 1 Aurukun Reserve-

meaningofterm ...... I. .. .. 3 (1) .. 1. 2

Beer- sale and supply of, in Shires ...... 36 ...... in

Clerk of Councils- appointment of ...... ' .. .' .. 34 , ...... 17 Co-ordinating Advisory Committees- appointment of ...... 17 ...... 9 appo!ntment of member 'tb be approved by Ginister .. 20 ...... 10 10 appointment of substitute members of .. .f .. 19 ...... composit~onof ...... 18 .. .. *. 9 10 functions of ...... 21 .f .. *. Council of the Shire of Aurukun- being Shire Council- appoi~tmentof clerk of ...... 34 ...... 17 assistance to ...... 22 ...... 10 chairman, first, elec&n of ...... 12 .. .. .I 7 effect of election of...... 15 ...... 8 meetings of ...... ' 35 .. .' 17 members of, first, efection of 12 (2j * .. .. 7 modjfication of power under Locai Gov&neA; Act io 16 .. .. '. 9 dissolve power to make by-laws to regulate presence in Shire . . 25 ...... 12 restriction of power over land '...... 32 ...... 15 to be local authority ...... 12 ...... 7 when incorporated body deemed to be ...... 13 ...... 7 incorporated under section 4- appointment of clerk of I...... 34 ...... 17 filling of casual vacancies in ...... 5 .* .. *. 3 . . 3 grant of leases to I...... 4,23 conditions of . . I. .. -. Governor in Councit &ay grGt fur& eases .. .. 5 land under may be reserved by Crown ...... 4. 24 Provisions of Land Act to apply to ...... 5 lo include improvements ...... t 6 3 in~orpora€~onof , . . ~ , . . , ...... 17 meetinrq of' . , . .. _. . , .. I. f', 28 INDEX -~____ -- - Page Council for the Shire of Aurukun~onZinu~~ incorporated under section 4-continued members of- first ** s. 4 (4) . . 3 to go out' bf office upon'electiii of sire Cobncil . . 15 .... 8 powers of ...... 4(3) . . 3 restriction of power over land ...... 32 .... 15 to be trustees ...... 8 .... 6 when deemed to be Shire Council' * ...... 13 .... 7 Council of the Shire of ~ornington- being Shire Council- appointment of clerk of ...... 34 .... 17 assistance to ...... 22 .... 10 chairman of, first, election of ...... 12 .... 7 effect ofelection of...... *. 15 .... 8 meetings of ...... ' 35 .... 17 members of, first, election of ...... 12 .. '. 7 modi~cationof power under Local ~osernmentAct '.to 16 .... 9 dissolve power to make by-laws to regulate presence in Shire 25 .... 12 restriction of power over land ...... 32 .... f5 to be local authority ...... 12 .... 7 when incorporated body deemed to be .... *. 13 .... 7 incorporated under section 4- appointment of clerk of ...... 34 .... 17 filling of casuai vacancies in ...... *. 5 *. .f 3 grant of leases to ...... *. 6 3 conditions of ...... 6 i2j,'sch. i' 4, 23 Governor in Council may grant further leases . . 6 (5) 5 land under, may be reserved by Crown .... 6 (2~),Sch: 2 4, 24 provisions of Land Act to apply to ...... q(4) . . 5 to include improvements ...... 6 incorporation of ...... 4 .... 3 meetings of ...... 35 .... 17 members of- first .. 4 14) .. 3 to go Out'bfoffiEe upon'e~ectibnof &ire C;t;ncii .. 15 .. 8 powers of ...... 4(3j' .. 3 restriction of power over land ...... 32 .... 15 to be trustees ...... 8 .... 6 when deemed to be Shire C&xil' * ...... 13 .... 7

F Forestry- rights in Shires . , ...... 31 .... 1s

G Gold-- mining of, in Shires ...... ,. 30 .... 14 Governor in Council- may direct assistance to Councils ...... 22 .... 10 may grant further leases to Councils ...... 6 (5) 5 may reserve part of land granted on lease to Councils .. 6 (2~),Sch. 2, Sch: 3 4, 24 to grant leases to Councils ...... 6 .. .. 3

.. 32 .. .. 15 Land Act- 5 to appIy to grant of leases to Councils ...... 6 (4) f. Liquor- abuse, prohibition order upon ...... 37 .. .. 19 authority to search for and seize ...... 38 .. .. 21 meaning of term ...... 3 (1) .. 2 Liquor Act- application of ...... 36 (4) .. 18 Local Government Act- application of ...... I4 . . .. 8 modification of powers under, to dissolve Shire Councils 16 .. .. 0 Meaning of term- Aboriginal Council ...... *. Aborigine ...... f. Aurukun Reserve ...... liquor ...... Minister ...... Mornington 'Reserve ...... public purposes ...... MineraIs- mining of, in Shire .... .* Minister- meaning of term ...... Minister for Aboriginal and Island Affairs- meaning of reference to ...... Minister of State for the Commonwealth for Abori~ina~ARairs- meaning of reference ...... Mornington Reserve- meaning of term ......

Order in Councii- declaring land to be reservation which is part of Shire of 4 Aurukun rescinded declaring land,to be reservation which is part of Shire of 4 ~orningtonrescinded

Petroleum- mining of, in Shires ...... 30 .... 14 I'rohibition orders upon liquor abuse ...... 37 .... 19 PubJic purposes- meaning of term ...... 3 (1) . . 2

s Shire of Anrukun- 9-10 Co-ordinating Advisory Com~i~tee,p~~~ision~ re . . .I .. copies of map of, to be held ...... 6 declaration of ...... 6 entry in, to be authorized ...... 14 exclusion from- 13 powers re ...... ,. 26 .. I. .. .. 13 reasons for, to be given ...... * 27 (1) .. 13 right of appeal re ...... 27 .... I. forestry rights in ...... 31 ...... 15 law and order in 33 f. *. 16 ...... 14 mineral rights in . . ** 30 .' .. .. Preservation of Aboriginis' hun;[ng and gathihng &its in 29 ...... 14 prohibition orders upon liquor abuse in 37 ...... 19 ...... 20 appeals re ...... *. 37 (5) . . 20 offences re 37 (6) . . ** ...... ' 20 penalty fbi ...... 37 (7) '. 21 proceedings re ...... :;f(8). (9) '. *. 21 Dower of member of the p&e ...... 21 power ,of member of the police dice to' search 'for aid 38 ...... seize liquor tn respect of rights of residence in .' li ...... 23 .... 22 roads in, provisions re ...... 39 *. I. .. 18 sale and su~plyof beer in ...... 36 ...... 6 to be excluded from Shire of Cook . . , . ' , . 9 (2) I. 12 may enter and temporarily stay in .... *. 24 .... :: i Shire of Cook- i 6 alteration of boundaries of ...... * 6 ofmap of to be held .... , ...... I 30 INDEX

Page Shire of Mornington- Co-ordinating Advisory Committee. previsions re .... ss . 17-21 .. 9. 10 copies of map of. to be held ...... s . 11 (3). (4) .. .. 6 declaration of ...... 10 ...... 6 entry in. to be authorized ...... 28 ...... 14 exclusion from- powers re ...... 26 .. .. 13 reasons for. to be given ...... 27(1j' .. .. 13 right of appeal re ...... 27 ...... 13 forestry rights in ...... 31 ...... 15 law and order in ...... 33 ...... 16 mineral rights in ...... 30 ...... 14 preservation of Aborigines'. hunting and gathering rights in 29 ...... 14 prohibition orders upon liguor abuse in ...... 37 .. .. 19 appeals re ...... 37 (si' . . .. 20 offences re ...... 37 (6) . . .I 20 penalty for ...... 37 (7) . * .. 20 proceedings re . . 37 (8h (9) . . .. 21 power of member of the poiice dice to'dearch for and 3s ...... 21 seize liquor in respect of rights of residence in ...... 23 .~ .. .. 11 roads in. provisions re ...... 39 .... If 22 sale and supply of beer in ...... 36 ...... 18 who may enter and temporarily stay in ...... 24 .. f. .. 12 Short title ...... 1 ...... 1

M449-By Authoriiy : S. R . HAMPSDW.Government Printer. Queensland