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Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 (Cth) |
| Category: | Legislation | |
| Place: | Lake Condah |
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| State/Country: | Victoria, Australia |
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| URL: | http://www.austlii.edu.au/au/legis/cth/consol_act/alcaffa1987374/ | |
| Summary Information: | |
The Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 (Cth) was passed by the Commonwealth Government at the request of the Victorian Government to vest the freehold title to 53 hectares of land at Lake Condah (shown in Schedule 1 to the Act) in the Kerrup-Jmara Elders Aboriginal Corporation, and 1130 hectares of land at Framlingham Forest (shown in Schedule 2 to the Act) in the Kirrae Whurrong Aboriginal Corporation.
The Act provides for full management, control and enjoyment by the Aboriginal corporations of the land granted to them, allowing for the making of by-laws with respect to certain matters, including access, conservation, fire protection, development and use of the land. The Act also provides that each of the corporations shall compile and keep a register of sacred and significant sites in the areas of land granted, and sets out a procedure for mining applications in respect of the areas. |
| Detailed Information: | |
This Act is an abridged version of a Bill recognising limited Aboriginal land rights in Victoria which the Cain Labour Government repeatedly tried to pass in the mid 1980s, but which was blocked by the Legislative Council. As a means of circumventing the deadlock, the Victorian Government asked the Commonwealth to pass its own legislation vesting ownership to certain areas in Aboriginal corporations. The Act is site-specific and does not provide for further claims except near the specific areas listed. The original Victorian proposal had wider application and would have created a tribunal to hear further claims.
The preamble to the Act reproduces the preamble to the earlier Victorian Bill, acknowledging the prior ownership of the land by the Kerrup-Jmara and Kirrae Whurrong tribes, recognising that their rights to traditional title had never been extinguished and that the land had been taken without compensation being granted. However, this preamble is subject to a proviso that this acknowledgment is from the Victorian Government only, and that the Commonwealth does not endorse it on its own behalf. | |
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