Aboriginal Land Rights Act 1976

Aboriginal Land Rights (Northern Territory) Act 1976
Parliament of Australia
Long title An Act providing for the granting of Traditional Aboriginal Land in the Northern Territory for the benefit of Aboriginals, and for other purposes
Citation	No. 191, 1976
Territorial extent	Northern Territory
Royal assent	16 December 1976
Amended by
Aboriginal Land Rights (Northern Territory) Amendment Bill 2006; Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021
Status: In force (amended)

The Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA) is

, and legislated the concept of inalienable freehold title, as such was a fundamental piece of social reform. Its long title is An Act providing for the granting of Traditional Aboriginal Land in the Northern Territory for the benefit of Aboriginals, and for other purposes.

The Act has been amended 27 times between 1978 and 2021. Significant amendments were the Aboriginal Land Rights (Northern Territory) Amendment Act 2006, and Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021.

The results of the

The

The Bill lapsed upon the dismissal of the government in 1975.^[2] The Liberal government, led by Malcolm Fraser, reintroduced a similar Bill, and this was signed by the Governor-General of Australia on 16 December 1976.^[3]

It was the first law by any Australian government that legally recognised the Aboriginal system of land ownership, legislating the concept of

Description

The main purpose of the Act is "to reinstate ownership of traditional Aboriginal land in the Northern Territory to Aboriginal people" (Austrade). It provides for the grant of inalienable freehold title for Aboriginal land, meaning that the land cannot be bought or otherwise acquired, including by any NT law.^[5]

In the original Act, only claims to unalienated Crown land in the NT were permissible, under three district sections, and the Act specified an end date of June 1997 by which claims had to be lodged.^[2]

The Act allows for a claim of Australian native title if claimants can provide evidence of their traditional association with land. About 50% of the Northern Territory land and 85% of its coastline are owned communally by Aboriginal peoples.^[5]

Since 1976, many amendments to the Act have been passed. As of July 2020^[update], the most recent compilation (No. 41) came into force on 4 April 2019. As of 2021^[update], the major sections of the Act are:^[6]

• Part I—Preliminary
• Part II—Grants of land to Aboriginal Land Trusts
• Part IIA—Executive Director of Township Leasing
• Part III—Aboriginal Land Councils
• Part IV—Mining
• Part V—Aboriginal Land Commissioners
• Part VI—Aboriginals Benefit Account
• Part VIA—Northern Territory Aboriginal Investment Corporation
• Part VII—Miscellaneous
• Schedules 1–7

Aboriginal Land Trusts are established under the Act. Their main functions are:^[6]

• to hold title to land vested in it in accordance with this Act; and
• to exercise its powers as owner of land for the benefit of the Aboriginal people concerned.

Title to the land granted under the Act is held by these land trusts; as of 2020^[update], there are 151 Aboriginal land trusts, each administered by the a land council, dependent on location of the trust.^[5]

The Act specified that at least two

The

New Land Councils can be created under the Act: Section 23 of the Act specifies the functions of Land Councils;[2]^[6] however, the four original land councils continue to exist as of 2020^[update].^[5]

Land development, including exploration and mining activities, on Aboriginal land are undertaken through negotiations with

groups and facilitated by land councils. Various types of payment for the land, other financial and non-financial benefits may be included in negotiations. The Act prescribes how the land councils and land trusts may grant usage rights and access, but in some circumstances a federal or NT Minister's approval is also required. Income received for the use of the land is distributed by the land councils according to the agreements with the traditional owners and as the Act provides.

Royalties paid to the NT and Federal governments for the use of the land are processed and directed to the Aboriginals Benefit Account (ABA) (Part VI of the Act^[6]) and the funds are to be used for certain purposes prescribed by the Act which benefit Aboriginal peoples in the NT.^[5]

Section 69 (under "Part VII - Miscellaneous") of the Act defines a special category of land, the

)

1997 Reeves Report

A significant review of the Act (referred to as ALRA) was undertaken from October 1997, when the government appointed barrister John Reeves to examine its effectiveness, operation of aspects relating to mining and the Aboriginal Benefits Trust Account, and the role of the Land Councils. The Reeves Report concluded that the ALRA had been very effective in granting traditional Aboriginal land in the NT, with benefits exceeding their costs for the Aboriginal people, but it also made many recommendations for change.^[7]

After examination of the recommendations by various bodies in the following years, the

It was agreed that there were benefits in the new proposals, but various details were debated at length. Following the Government making changes to the ALRA in 2005,

2006 Amendments

On 17 August 2006, the Howard government amended the Act. The Aboriginal Land Rights (Northern Territory) Amendment Bill 2006, in effect from 1 July 2007,^[9] added several clauses to the Act.

The government summary of the Amendments includes "to increase access to Aboriginal land for development, especially exploration and mining; facilitate the leasing of Aboriginal land and the mortgaging of leases; provide for a tenure system for townships on Aboriginal land that will allow individuals to have property rights; devolve decision-making powers to regional Aboriginal communities", and change the provisions governing land councils to increase accountability.^[10]

The most significant amendments enabled Aboriginal groups to more directly manage their land. Two Land Councils (Central and Northern) manage manage mainland NT Aboriginal land. By comparison, New South Wales has 121 Land Councils. These new sections of the Act included Section 19a, which introduced the option of Township Leasing, and Section 28a, which introduced the option of a 'delegation of powers' to a local Aboriginal corporation.

The Act specifies methods for Land Councils to support local Aboriginal groups to make decisions regarding their land, including:^[6]

• Part II (Grants of Land to Aboriginal Land Trusts): Section 19A: Land Trust may grant headlease over township
• Part III (Aboriginal Land Councils), Section 28A: Delegation of a Land Council’s functions or powers to Aboriginal and Torres Strait Islander corporation

ALRA S.19A (Township Lease) v S.28A (Delegation) comparison

ALRA Section		S.19A Township Lease	S.28A Delegation of Powers
Legal Structure	Different	CATSI or ASIC Corporation, or Office of Township Leasing	CATSI Corporation
Representation of TOs and Residents	Similar	Defined in the rules of the receiving Corporation (S.19A and S.28A) and / or S.19A Lease. Both alternatives support the same representation options.
Governance	Similar	Defined in the rules of the receiving Corporation (S.19A and S.28A) and / or S.19A Lease. Both alternatives support similar governance options.
Length of Agreement	Different	Minimum 40 years; maximum 99 years	May be enduring or limited by agreement
Revocation	Different	Virtually non-revokeable, even for poor performance.	Subject to revocation by the Land Council
Consultation for Establishment	Different	For both S.19A and S.28A, the Land Council consults with TOs and residents, and must be satisfied that the decision is reasonable, and broadly understood and supported. For a S.19A Township Lease, a failure by the Land Council to consult properly with TOs and residents, or a failure to consult at all, does not invalidate the Lease.
Sub-Agreements	Different	S.19 Sub-Leases Maximum term is dependent on the remaining S.19A term.	S.19 Leases Term is not dependent on S.28A term.
Consultation for Sub-Agreements	Different	Consultation is different from traditional Land Council practice. Any requirements for consultation for sub-leases would be part of the S.19A head lease. It is possible that no consultation with TOs and residents is necessary. Approval by TOs and residents at the time the S.19A Lease is issued, effectively bind later TOs and residents.	Consultation is consistent with traditional Land Council practice. Each sub-agreement (S.19 Lease or Licence) is subject to a clear process of consultation to ensure input/approval by current TOs and residents.

Existing Section 19A Township Leases:^[11]

Location	Land Council	Towns Included	Lease
			Term	Issue Date
Tiwi Islands	Tiwi LC	Wurrumiyanga	99 Years	20 Aug 2007
		Milikapiti & Wurankuwu	99 Years	22 Nov 2011
		Pirlangimpi	99 Years	26 Jun 2017
Groote & Bickerton Islands	Anildilyakwa LC	Anguragu, Umbakumba, & Milyakburra	40 Years	4 Dec 2008
Mutijulu	Central LC	Mutijulu (near Uluru)	67 Years	16 Mar 2017

• Indigenous land rights in Australia
• Aboriginal land rights legislation in Australia
• Indigenous land rights
• List of laws concerning Indigenous Australians

• "Aboriginal Land Rights (Northern Territory) Act 1976 - Series". Federal Register of Legislation. Australian Government.