WARNING:
This Digest is prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments.
This Digest was available from 17 September 1996.
CONTENTS
Aboriginal Land Rights (Northern Territory) Amendment
Bill 1996
Date Introduced: 26 June 1996
House: Senate
Portfolio: Aboriginal and Torres Strait Islander
Affairs
Commencement: Royal Assent
To add three parcels of land to those granted to Aboriginal Land
Trusts in the Northern Territory for the benefit of the traditional
Aboriginal owners.
The Aboriginal Land Rights (Northern Territory) Act
1976 (Cwlth) (the Principal Act) provides a mechanism for the
grant of traditional Aboriginal land in the Northern Territory to
Land Trusts who hold title for the benefit of the traditional
Aboriginal owners. In general, traditional land claims can be made
to either unalienated Crown land outside a town, or land outside a
town in which all the estates and interests not held by the Crown
are held by, or on behalf of, Aboriginals.
Title
As a general rule, where land is granted following a traditional
land claim, the title is held by an Aboriginal Land Trust in fee
simple. This is the most complete and secure form of title to land
and is granted by the GovernorGeneral on the recommendation of the
Minister for Aboriginal and Torres Strait Islander Affairs.
Although a "fee simple" title usually means freehold ownership a
title clear of any condition, limitation or restrictions the
Principal Act is actually prescriptive about the ways in which a
Land Trust can deal with or dispose of any estate or interest in
land vested in it. By way of example, Aboriginal land cannot be
sold by the Land Trust holding title to it, though it can be
transferred to another Land Trust or surrendered to the Crown (the
Commonwealth or the Northern Territory). Furthermore, although
Aboriginal Land cannot be resumed, compulsorily acquired or
forfeited under any law of the Northern Territory, the Commonwealth
could acquire it by virtue of its constitutional power to acquire
property for any purpose in respect of which the Commonwealth
Parliament has power to make laws.
Title to Aboriginal land is also subject to a reservation that
the right to any minerals remains with the Crown. In addition, the
Principal Act preserves a variety of interests in, and uses of,
land which became (or may become) Aboriginal land. For example, any
road over which the public has a right of way is expressly excluded
from the grant.
However, the Principal Act also creates rights in the
traditional Aboriginal owners of the land to control other uses of
the land. It also requires that anyone wishing to explore for
minerals or acquire mining interests over land granted to
indigenous owners must negotiate with the appropriate land council
and may not directly approach the traditional owners.
Settlement of Land Claims
Under the Aboriginal Land Rights (Northern Territory) Act
1976 land claims are lodged with the Aboriginal Land
Commissioner. The Commissioner is a statutory office holder whose
functions include inquiring into and reporting on traditional land
claims made by Aboriginal people.(1)
When a land claim has been made under the Aboriginal Land
Rights (Northern Territory) Act 1976, a settlement is
sometimes reached by agreement between the Northern Territory
Government and the relevant Land Council.(2) In such cases, the
Aboriginal Land Commissioner's office is asked to adjourn the land
claim until the land can be scheduled under the Aboriginal Land
Rights (Northern Territory) Act 1976 and an approach is made
to the Minister for Aboriginal and Torres Strait Islander Affairs
asking for the land to be scheduled. Land which is added to the
Schedule becomes Aboriginal land under the Principal Act. Once
scheduling has occurred, then no further inquiry by the Aboriginal
Land Commissioner is needed.
Bauhinia Downs
The Bauhinia Downs Land Claim (No.150) was received by the
Aboriginal Land Commissioner in September 1994. In May 1995, the
Commissioner's Office was notified that the claim had been settled
by agreement on 19 May 1995 between the claimants, the Northern
Land Council and the Attorney-General for the Northern
Territory.(3) The parcel of land involves an area of about 1449
square kilometres.
Brumby Plains
The Brumby Plains Station Land Claim (No.149) was received by
the Aboriginal Land Commissioner in August 1994. The claim was
settled by agreement between the Northern Territory Government, the
claimants and the Central Land Council(4) on 7 November 1995. The
parcel of land comprises an area of about 117,000 hectares.
Western Desert (North) Locality
This claim is a repeat land claim. The claim was originally
lodged in 1978 (Land Claim No.27). It was settled by agreement
between the Northern Territory Government, the claimants and the
Central Land Council(5) on 23 May 1996. The parcel of land is about
239,200 hectares.
The Schedule to the Bill adds three parcels of land to Schedule
1 of the Aboriginal Land Rights (Northern Territory) Act
1976. These parcels of land are Bauhinia Downs, Brumby Plains
and Western Desert (North) Locality.
- Section 50(1), Aboriginal Land Rights (Northern Territory)
Act 1976.
- Land Councils are established under the Aboriginal Land
Rights (Northern Territory) Act 1976. The traditional owners
instruct the Land Councils and through the Land Councils, the Land
Trusts.
- Explanatory Memorandum, Aboriginal Land Rights (Northern
Territory) Amendment Bill 1996.
- Ibid.
- Ibid.
Jennifer Norberry Ph. 06 277 2476
17 September 1996
Bills Digest Service
Parliamentary Research Service
This Digest does not have any official legal status. Other
sources should be consulted to determine whether the Bill has been
enacted and, if so, whether the subsequent Act reflects further
amendments.
PRS staff are available to discuss the paper's contents
with Senators and Members and their staff but not with members of
the public.
ISSN 1323-9032
© Commonwealth of Australia 1996
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Published by the Department of the Parliamentary Library,
1996.
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Commonwealth of Australia
Last updated: 16 September 1996
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