Permit FAQs

A permit is a written document authorised by NLC on advice of the Traditional Owners that sets out permission, terms and conditions to enter the private land and/or intertidal waters of a group of Aboriginal people.

Permits generally only provide for entry and access to Aboriginal land. This means that unless your permit includes specific conditions that allow for other activities (eg. fishing, camping, commercial filming) you do not have permission to engage in such activities. If you want to engage in particular activities you need to include that in your permit application.

Yes. Commonwealth and Northern Territory law states that entry to Aboriginal land requires a written permit. Aboriginal land is privately owned and permission to enter must be sought under the Aboriginal Land (Northern Territory) Act 1978. This includes access to intertidal waters over Aboriginal land.

The permit system manages and regulates access to traditional lands. People visiting Aboriginal land for work, recreation, transit or residence apply for access through the permit system. The permit system enables permit holders to understand their obligations and responsibilities, be safe and informed, and create beneficial experiences when visiting Aboriginal land. The permit system shows Traditional Owners who is on their country, who is coming, and what those visitors can and can’t do.

Aboriginal land is private land. It is not Crown land, nor public land. Aboriginal people have the legal right to grant or refuse permission to people wishing to enter or travel through their land. The permit system enables Traditional Owners to set the rules about who can come on to their land.

All persons who wish to enter onto or remain on Aboriginal land or use a private road on Aboriginal land for any purpose need a permit. Asking for permission first is the right way to access Aboriginal land. The Northern Land Council encourages all visitors to apply for a permit even though some exemptions and defences may apply. An Aboriginal person who is entitled by Aboriginal tradition to enter or remain on that area may do so without a permit.

Yes. A permit to enter onto and remain on Aboriginal land has to be in writing and cannot be transferred. A visitor must produce their permit when requested, either on paper (hard copy) or on an electronic device (soft copy).

A permit is needed for the following activities on Aboriginal land:

• Enter Aboriginal land for any purpose

• Travel by road through Aboriginal land

• Enter or visit an Aboriginal Community

• Stay overnight or longer on Aboriginal land

Yes, you still need a written permit. Traditional Owners may issue a permit, however the permit must be in writing. If you get a verbal invitation from a Traditional Owner contact your nearest Northern Land Council office to enquire about getting it in writing.

In most cases, there is no charge for a permit. Traditional Owners have set access and camping fees for some locations.

No. If you are all travelling together on the one trip, then one traveller can apply for the permit on behalf of everyone. All people need to be listed on the application and abide to the terms and conditions of the permit issued to the permit holder. Each person should carry a copy of the permit in case they are asked to present it.

Yes. The NLC recommends that there is one application per vehicle when travelling in a convoy.

Check the Kenbi Open Area Declaration Map to find out where you need a permit. There are some areas where access, including fishing, is prohibited and other areas where restricted access, fishing and camping is permitted without a permit.

You do not need a permit to use the following roads and tracks in this area: Cox Peninsula Road, Wagait Tower Road, Charles Point Road, Harney’s Beach Track off Charles Point Road, Talc Head Road to Mica Beach off Cox Peninsula Road, Pioneer Beach track off Bynoe Harbour Access Road, Rankin Point track off Bynoe Harbour Access Road, Keswick Point track off Bynoe Harbour Access Road, Tower Beach Road to Masson Point, and Raft Point track off Bynoe Harbour Access Road. All other roads and tracks on Aboriginal land require a permit.

At least 10 days may be required to consult with Traditional Owners. Complex permit applications, eg. for media and research over large areas of land, may requires more extensive consultation and time. Applicants will be updated on expected timeframes.

For same day permit processing over-the-counter you need to visit one of our permit officers during business hours in Katherine, Darwin, Nhulunbuy or Jabiru.

Yes. All persons who wish to enter onto or remain on Aboriginal land or use a private road on Aboriginal land for any purpose need a permit, including government employees. Government employees and contractors performing government work are protected from prosecution for lacking permits, however this statutory protection under section 70(2D) of Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) should not be confused with a right to enter and remain on Aboriginal land without a permit. Work permits should be sought in all circumstances. Insurance claims may not be valid if a claimant is trespassing.

Yes, you will need to apply for a recreation permit, in addition to any work permit. You will need to select the location and dates you want to visit. Please note, special conditions such as quotas will exist on some locations.

Yes. To support the consideration of your permit application, provide, on request, to the NLC a report about the objectives, ethics approval and methodology for the Research Project in a format suitable for presentation to the traditional Aboriginal owners. If your permit is approved, you are required to credit intellectual property rights appropriately. You agree that nothing in the permit is intended to affect or derogate from any rights, title or interest in indigenous cultural expression or intellectual property.

Yes in some circumstances.