Bills Digest 31 1996-97
Aboriginal Land Rights (Northern Territory) Amendment Bill 1996
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.
This page was prepared by the Parliamentary Library, Commonwealth of
Australia
Last updated: 16 September 1996
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