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Legislative Assembly for the ACT: 2006 Week 11 Hansard (16 November) . . Page.. 3653..


Mr Stanhope

: The answer to the member's question is as follows:

The ACT's authority to grant and dispose of land derive from the Australian Capital Territory (Planning and Land Management) Act 1988 (Cth) and the Land (Planning and Environment) Act 1991 (ACT). The ACT's authority under these enactments is not affected by the existence of native title claims. If native title were found to exist in the ACT then the provisions of the Native Title Act 1993 (Cth) would have to be complied with when exercising these powers.

Land-native title

(Question No 1368)

Mrs Burke asked the Minister for Indigenous Affairs, upon notice, on 19 October 2006:

Is the Minister able to explain how the Crown's presumed eminent domain can override the sovereign proprietary right of the Ngu(n)nawal people to the area known as the Australian Capital Territory.

Mr Stanhope

: The answer to the member's question is as follows:

The doctrine of 'eminent domain' is a doctrine in United States constitutional law relating to powers of the Federal Government. It has no application to the ACT.

Land-native title

(Question No 1369)

Mrs Burke asked the Minister for Indigenous Affairs, upon notice, on 19 October 2006:

(1) How does Native Title recognition establish proprietary right under Commonwealth and State law;

(2) Does the ACT Government hold proprietary rights over the land area known as the Australian Capital Territory; if not, who holds the proprietary right and what instrument of government grants, to the ACT Government, the power to require Native Title aspirants to surrender their sovereignty in order to participate in such agreements as the Namadgi Park Joint Management Agreement.

Mr Stanhope

: The answer to the member's question is as follows:

(1) The Native Title Act 1993 (Cth) makes provision for the recognition and protection of native title rights in Australia in all States and Territories.

(2) The ownership of the ACT is vested in the Commonwealth by virtue of section 125 of the Constitution. The ACT Government has received powers to manage and to grant and to dispose of interests in land under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cth).


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