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The Land Rights Act

About the Act Woodward Commission How the Act Works
Changes to the Act Claims View Legislation

How the Act Works

Commonwealth Law Government "Reserves"
Land Claims Land Councils Access to Aboriginal Land
Mining Royalties

Commonwealth Law

The Land Rights Act is Commonwealth legislation which applies only to the Northern Territory, and the Northern Territory Legislative Assembly does not have the power to amend the Act or affect its operation.

Government "Reserves"

When the Act was passed, the former government "reserves" became Aboriginal land. The land was granted without the need for a land claim. It is referred to as Schedule One land.

Land Claims

The only land able to be claimed is unalienated Crown land - land owned by the government that no-one else has a legal interest in - or land which is wholly owned by Aboriginal people.

A successful land claim requires the Aboriginal landowners to prove their traditional relationship to the land under claim. This involves extensive research by anthropologists and the claimants providing evidence before the Aboriginal Land Commissioner. The Commissioner must be satisfied that the claimants are the right traditional owners according to Aboriginal law.

Land Commissioner
The Land Commissioner makes his recommendation to the Federal Minister for Aboriginal Affairs. He must also comment on any detriment to others that may occur should the land be granted and the effect a grant may have on existing or proposed patterns of land usage in the region. The Minister for Aboriginal Affairs decides whether to recommend to the Governor General to grant all or part of the land under claim.

Status of land
Land successfully claimed is granted under inalienable freehold title. It cannot be bought, acquired or mortgaged. However, the land can be leased, and those leases of Aboriginal land can be mortgaged - for instance to raise business finance.

Communal title is formally vested in Aboriginal Land Trusts comprised of Aboriginal people who hold the title for the benefit of all the Aboriginal people with a traditional interest in the land.

Click here for a more detailed discussion of land ownership.

Land Councils

The Land Rights Act established Land Councils in the Northern Territory as statutory authorities and sets out their roles and responsibilities.

The Land Councils are representative bodies of Aboriginal people. The councils determine policy and employ expert legal, anthropological and land management staff to assist Aboriginal people in the claiming and management of their land, the protection of their sacred sites and the financial management of income received under the Act.

There are four Land Councils in the Northern Territory: the Central, Northern, Anindilyakwa and Tiwi Land Councils. The Act provides for other Land Councils to be created.

Access to Aboriginal Land

Like other private landowners in Australia, Aboriginal landowners have the right to control access to their land.

To facilitate applications for entry onto Aboriginal land, the Land Councils provide a permit service to the general public.

Mining

Under the Land Rights Act, Aboriginal landowners have the right to say "yes" or "no" to applications from exploration and mining companies wanting access to Aboriginal land.

It is not an absolute veto power: the Governor-General can over-ride landowners decision "in the national interest"; and a company that is refused access may re-apply after five years. Where landowners agree to exploration, mining, or other development, they have the right to negotiate the terms and conditions for it to proceed.

Royalties