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The Land Rights Act

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Claims

Sunset Clause Land Under Claim Land Corporation Land
Parks and Reserves

As at June 2002, five of the 249 claims lodged under the Act were in progress.

In a substantial number of other claims, a report has been submitted to the Federal Minister by the Aboriginal Land Commissioner but the Minister has yet to make a final decision on handback of land. Some claims remain unresolved after more than 20 years, during which time many of the original claimants have died.

There are also outstanding issues such as the status of seas and waterways and Northern Territory government land corporation land - substantial areas of land owned by the NT Government and vested in the NT Government corporations, to avoid claim under the Land Rights Act.

Sunset Clause

The Aboriginal Land Rights (Northern Territory) Act 1976 is subject to a sunset clause, which became effective on 4 June 1997.

Land claims lodged after that date cannot be heard by the Aboriginal Land Commissioner. Claims lodged by that date will still be heard. Land councils are legally obliged to ensure that Aboriginal interests to land are advanced. This includes lodging claims, on behalf of traditional owners, prior to the cut-off date.

Consequently, a total of 85 'sunset' claims were lodged by the Northern and Central Land Councils. These are not ambit claims, being based on anthropological advice and clear instructions.

The sunset clause means that all relevant claims had to be lodged to preserve Aboriginal rights, rather than a small number of cases to test certain legal issues.

Land Under Claim

The vast majority of the land under claim is presently held as national parks by the Conservation Land Corporation (NT), or as undeveloped Crown land by the Northern Territory Land Corporation.

Other vacant Crown land claimed includes the beds and banks of particular rivers, the seabed of some bays and gulfs, some islands, and some smaller areas of land (eg: the intertidal zone).

Land Corporation Land

In an effort to thwart land claims under the Aboriginal Land Rights Act, the NT Government has ensured that substantial areas of Crown land are vested in the Northern Territory Land Corporation or the Conservation Land Corporation.

Such corporation land has been unavailable for claim following High Court's 1984 Japanangka decision. This decision has resulted in substantial injustice.

Areas of land owned by the Conservation Land Corporation and the Northern Territory Land Corporation include Gregory, Litchfield and Keep River National Parks, and the old St Vidgeons pastoral lease which adjoins south-east Arnhem Land.

Both of these Corporations are clearly an arm of Government and, in practice, are subject to the effective control of the Minister. However the respective statutes include a provision which states that the Corporations are "not an authority or instrumentality of the Crown".

The Corporations are limited to one statutory function, namely the ownership of land, and operate as a "bare trustee". Crown lands may be vested directly in the respective corporations by the NT Government. Management of the land is under the control of the Minister, either directly or by means of an additional body (ie; the NT Parks and Wildlife Commission). Funds for the purchase of land are provided by the Government and monies generated by the sale of Land Corporation land is received by the Northern Territory.

These Corporations are purely a legal device created for the sole purpose of defeating land claims. The Northern and Central Land Councils have launched legal proceedings which are intended to establish that corporation land can be claimed.

Parks and Reserves

However, in October 2002 the NT Government unveiled legal advice which suggested that at least 50 parks and reserves had been invalidly declared between 1978 and 1998, leaving them open to claim by Aboriginal people.

Subsequent discussions with the Land Councils led to a commitment by the Government to negotiate with traditional owners over future management arrangements for the parks and reserves. In November 2002 the Government re-declared 38 parks and reserves but admitted that another 11 could not be re-declared and were available for claim under the Land Rights Act.

It is hoped that negotiations will lead to the establishment of joint management regimes between traditional owners and the Territory Parks and Wildlife Service over all the parks and reserves, and that economic opportunities will flow through to Aboriginal people associated with the parks' operations.

In return, the Land Councils have committed to retain free public access to parks and reserves and to lease back parks claimed under the Land Rights Act to the government.

To see National Parks Map: CLICK HERE