{"id":"aboriginal-land-act-1978","name":"Aboriginal Land Act 1978","slug":"aboriginal-land-act-1978","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29817,"registerId":"nt-aboriginal-land-act-1978-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aboriginal Land Act 1978","content":"Note\nThis Act has been modified by section 74AA of the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth).\nSee https://www.legislation.gov.au/Details/C2016C00111\nNORTHERN TERRITORY OF AUSTRALIA\nABORIGINAL LAND ACT 1978\nAs in force at 28 August 2013\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n3A Status of roads ................................................................................ 2\nPart II Entry onto Aboriginal land\n4 Entry onto, &c., Aboriginal land or road ........................................... 2\n5 Issue of permits ............................................................................... 3\n5A Administrator may issue permits to use roads in certain\ncircumstances.................................................................................. 4\n6 Minister may issue permits to certain government employees ........ 4\n6A Permit to include immediate family .................................................. 5\n7 Members of Parliament and others may enter Aboriginal land ........ 5\n8 Entry of dwellings ............................................................................ 5\n9 Defence in certain circumstances .................................................... 6\n10 Estates or interests on Aboriginal land protected ............................ 6\n11 Open areas ...................................................................................... 6\nPart III Control of entry onto seas adjoining\nAboriginal land\n12 Administrator may close seas .......................................................... 6\n13 Administrator may re-open closed seas .......................................... 7\n14 Entry onto, &c., closed seas ............................................................ 8\n15 Issue of permits ............................................................................... 8\n16 The Minister may issue permits to government employees on\ncertain conditions............................................................................. 9\n17 Members of Parliament and others may enter closed seas ........... 10\n18 Permit to be granted to protect existing rights ............................... 10\n19 Defence in certain circumstances .................................................. 10\n\nAboriginal Land Act 1978 ii\n20 Seas open to transit vessels .......................................................... 11\nPart IV General\n21 No prosecution except on authority of Land Council ..................... 11\n22 Vehicles, &c., may be stopped and questions asked..................... 11\n23 Offence to refuse to produce permit, &c. ....................................... 11\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 28 August 2013\n____________________\nABORIGINAL LAND ACT 1978\nAn Act to provide for access to Aboriginal land, certain roads bordered\nby Aboriginal land and the seas adjacent to Aboriginal land\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Aboriginal Land Act 1978.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act:\nAboriginal means a person who is a member of the Aboriginal race\nof Australia.\nAboriginal land has the same meaning as in the Aboriginal Land\nRights (Northern Territory) Act 1976 of the Commonwealth.\nAboriginal tradition has the same meaning as in the Aboriginal\nLand Rights (Northern Territory) Act 1976 of the Commonwealth.\nAboriginal Land Commissioner means the Aboriginal Land\nCommissioner established by the Aboriginal Land Rights (Northern\nTerritory) Act 1976 of the Commonwealth.\nAct includes an Act of the Commonwealth.\nclosed seas means seas closed by notice published in the Gazette\nunder section 12.\nLand Council means an Aboriginal Land Council established by or\nunder the Aboriginal Land Rights (Northern Territory) Act 1976 of\nthe Commonwealth.\n\nPart II Entry onto Aboriginal land\nAboriginal Land Act 1978 2\nLand Trust means an Aboriginal Land Trust established under the\nAboriginal Land Rights (Northern Territory) Act 1976 of the\nCommonwealth.\nroad means that part of the land within the boundaries of Aboriginal\nland described in Schedule 1 of the Aboriginal Land Rights\n(Northern Territory) Act 1976 of the Commonwealth, the title to\nwhich has been granted under section 12 of that Act to a Land\nTrust, in respect of which:\n(a) in pursuance of section 12AA(1) of that Act, agreement has\nbeen reached between a Land Council and the Territory; or\n(b) in pursuance of section 12AB(1) of that Act, a declaration has\nbeen made by the Supreme Court,\nthat the part of the land is:\n(c) land on which there was, at the time of commencement of\nsection 3 of the Aboriginal Land Rights (Northern Territory)\nAct 1976 of the Commonwealth a road over which the public\nhad, at that time, a right of way; or\n(d) land on which there was, at the time of the execution of the\ndeed of grant issued under section 12 of that Act, a road over\nwhich the public had, at that time, a right of way.\ntraditional Aboriginal owners has the same meaning as in the\nAboriginal Land Rights (Northern Territory) Act 1976 of the\nCommonwealth.\n3A Status of roads\nNothing in this Act shall be construed as affecting the status of any\nroad (including a road not falling within the definition of road in\nsection 3).\nPart II Entry onto Aboriginal land\n4 Entry onto, &c., Aboriginal land or road\n(1) Subject to this Part and to any provision to the contrary in a law of\nthe Territory, a person shall not enter onto or remain on Aboriginal\nland or use a road unless he has been issued with a permit to do so\nin accordance with this Part.\nMaximum penalty: 8 penalty units.\n\nPart II Entry onto Aboriginal land\nAboriginal Land Act 1978 3\n(1A) Nothing in subsection (1) shall prevent a person who is entitled or\npermitted under this Part to enter onto or remain on Aboriginal land\nfrom using a road that is bordered by that Aboriginal land.\n(2) An Aboriginal who is entitled by Aboriginal tradition to enter onto an\narea of Aboriginal land may enter onto that area of Aboriginal land.\n(3) An Aboriginal who is entitled by Aboriginal tradition to remain on an\narea of Aboriginal land may remain on that area of Aboriginal land.\n5 Issue of permits\n(1) The Land Council for the area in which Aboriginal land or a road is\nsituated may issue a permit to a person to enter onto and remain on\nthat Aboriginal land or use that road subject to such conditions as\nthe Land Council thinks fit.\n(2) The traditional Aboriginal owners of an area of Aboriginal land may\nissue a permit to a person to enter onto and remain on that\nAboriginal land, or use a road that is bordered by that Aboriginal\nland, subject to such conditions as the traditional Aboriginal owners\nthink fit.\n(3) A permit to enter onto and remain on Aboriginal land or use a road\nshall be in writing.\n(4) A Land Council, or the traditional Aboriginal owners, may delegate\nall or part of its or their authority to issue permits under this section\nand such delegation may be made upon such conditions as the\nLand Council, or the traditional Aboriginal owners, as the case may\nbe, think fit.\n(5) A Land Council may revoke a permit issued by it, under its\nauthority, by the traditional Aboriginal owners or under the authority\nof the traditional Aboriginal owners over Aboriginal land or a road\nwhich is within the area for which it is established.\n(6) The traditional Aboriginal owners of an area of Aboriginal land may\nrevoke a permit issued by them, under their authority, by a Land\nCouncil or under the authority of a Land Council, where the permit\nrelates to the area of Aboriginal land of which those Aboriginals are\ntraditional Aboriginal owners, or a road that is bordered by that\nAboriginal land.\n(7) A Land Council shall, before commencing to issue permits for an\narea of Aboriginal land or a road, consult with and come to an\nagreement with the traditional Aboriginal owners of the area, or the\narea that borders the road, as to the terms and conditions upon\nwhich the Land Council may issue permits or delegate its authority\nto issue permits.\n\nPart II Entry onto Aboriginal land\nAboriginal Land Act 1978 4\n(8) Notwithstanding the provisions of section 4, the Aboriginal Land\nCouncil for the area in which an area of Aboriginal land is situated\nor the traditional Aboriginal owners of an area of Aboriginal land\nmay, by notice published in a newspaper or broadcast over a radio\nstation, waive the requirement for a permit to enter the Aboriginal\nland or use a road bordered by that Aboriginal land specified by the\nLand Council or the traditional Aboriginal owners in the notice for\nthe period or periods specified in that notice and the requirements\nof section 4 shall not apply over that area, or in respect of that road,\nfor that period or those periods.\n5A Administrator may issue permits to use roads in certain\ncircumstances\nWhere a person has applied to a Land Council or traditional\nAboriginal owners for a permit to use a road in respect of which,\nunder this Part, that Council or those owners have the authority to\nissue a permit, and that Land Council or those traditional Aboriginal\nowners, as the case may be, have refused to issue the permit\nsought or have not, within a reasonable time, so issued the permit,\nthe person may apply to the Administrator who may issue the\npermit to use the road subject to the conditions set out in the\npermit.\n6 Minister may issue permits to certain government employees\n(1) Where a person who is employed under or by virtue of an Act or as\na member of the personal staff of a Minister, the Leader of the\nOpposition or the Deputy Leader of the Opposition, has a need, in\nthe performance of his duties, to enter upon and remain on\nAboriginal land or to use a road, the Minister may issue a permit\nwhich will, subject to any law in force in the Territory, authorize the\nperson to whom it is issued to enter and remain on Aboriginal land\nor to use a road subject to the conditions set out in the permit.\n(2) A permit issued under subsection (1):\n(a) shall be in writing and shall contain the name, the signature\nand an identification photograph of the person to whom the\npermit is issued;\n(b) shall specify the area of Aboriginal land or the road that the\nperson to whom the permit is issued is permitted to enter and\nremain on or use;\n(c) shall specify that the permit is issued to allow the person to\nwhom it is issued to enter and remain on Aboriginal land or\nuse the road in the course of his duty only; and\n\nPart II Entry onto Aboriginal land\nAboriginal Land Act 1978 5\n(d) may contain conditions and restrictions subject to which the\npermit is issued.\n(3) A permit issued under subsection (1) may be revoked by the\nMinister upon the request of the relevant Land Council.\n6A Permit to include immediate family\nA permit issued under section 6 to a person who is required, in the\nnormal performance of his duties, to reside on Aboriginal land or\nuse a road shall, unless expressed to the contrary, be deemed to\nbe a permit issued in respect of the person and any of the following\npersons if they are living with the person:\n(a) any spouse or de facto partner of the person;\n(b) any infants.\n7 Members of Parliament and others may enter Aboriginal land\nThe following persons may enter and remain on Aboriginal land:\n(a) the Administrator, or an Acting Administrator, acting in the\ncourse of his or her duty;\n(b) a member of the Legislative Assembly engaged on the\nbusiness of the Assembly;\n(c) a member of either House of the Commonwealth Parliament\nengaged on the business of the Parliament;\n(d) a candidate for election as a Senator for the Northern Territory\nor as a member of the House of Representatives for a\nNorthern Territory electorate;\n(e) a candidate for election as a member of the Legislative\nAssembly for the purposes of conducting his or her campaign.\n8 Entry of dwellings\n(1) Nothing contained in this Part authorizes the entry of a person to a\ndwelling without the permission of the owner or the occupant.\n(2) For the purposes of this section dwelling includes the living area of\na camp occupied by or belonging to an Aboriginal.\n\nPart III Control of entry onto seas adjoining Aboriginal land\nAboriginal Land Act 1978 6\n9 Defence in certain circumstances\nIt shall be a defence to a charge under section 4(1) if the person\ncharged proves that:\n(a) the entry onto Aboriginal land or use of the road was due to\nnecessity, or beyond his control;\n(b) it was impractical, in the circumstances, to apply for a permit;\nand\n(c) he removed himself from the Aboriginal land or the road as\nsoon as it was practicable in the circumstances.\n10 Estates or interests on Aboriginal land protected\nWhere a person other than a Land Trust has an estate or interest in\nan area of Aboriginal land, this Part shall not authorize an entry or\nremaining on that area of Aboriginal land of a person if his presence\non that area of land would interfere with the use or enjoyment of\nthat estate or interest by the owner of the estate or interest.\n11 Open areas\n(1) The Administrator may, on the recommendation of a Land Council,\ndeclare by notice in the Gazette, an area of Aboriginal land or a\nroad to be an open area or open road, as the case may be.\n(2) Where a declaration is made under subsection (1), a person may\nenter and remain on the area of Aboriginal land, or use the road,\ndescribed in the notice without obtaining a permit.\nPart III Control of entry onto seas adjoining Aboriginal\nland\n12 Administrator may close seas\n(1) The Administrator may, by notice in the Gazette, close the seas\nadjoining and within 2 kilometres of Aboriginal land to any persons\nor classes of person, or for any purpose other than to Aboriginals\nwho are entitled by Aboriginal tradition to enter and use those seas\nand who enter and use those seas in accordance with Aboriginal\ntradition.\n(2) The notice in the Gazette referred to in subsection (1) shall specify:\n(a) the area closed by the notice by description of the boundaries\nand by a diagram showing the approximate position of the\nboundaries;\n\nPart III Control of entry onto seas adjoining Aboriginal land\nAboriginal Land Act 1978 7\n(b) the persons or classes of persons to whom the area is closed;\nand\n(c) the purpose for which the area of the sea is closed.\n(3) The Administrator may, before deciding to close a part of the seas\nin accordance with this section, and in the event of the\nAdministrator not being prepared to close an area of seas within 56\ndays of the matter being referred to him, the Administrator shall\nrefer the matter of the closure to the Aboriginal Land Commissioner\nand request that the Aboriginal Land Commissioner inquire into and\nreport on:\n(a) whether, in accordance with Aboriginal tradition, strangers\nwere restricted in their right to enter those seas;\n(b) whether the use of those seas by strangers is interfering with\nor may interfere with the use of those seas in accordance with\nAboriginal tradition by the Aboriginals who have traditionally\nused those seas;\n(c) whether the use of those seas by strangers is interfering with\nor may interfere with the use of the adjoining Aboriginal lands\nby the traditional Aboriginal owners;\n(d) whether any person would be disadvantaged if the seas were\nclosed to him;\n(e) the commercial, environmental and recreational interests of\nthe public; and\n(f) such other matters as the Aboriginal Land Commissioner\nconsiders relevant to the closure of those seas.\n(4) The Aboriginal Land Commissioner shall report to the\nAdministrator.\n13 Administrator may re-open closed seas\n(1) The Administrator may, by notice in the Gazette, revoke or vary a\nnotice made under section 12 so as to open the whole or part of an\narea of closed seas.\n(2) Before a notice under subsection (1) is published the Administrator\nshall refer the matter of the revocation or variation of the previous\nnotice to the Aboriginal Land Commissioner.\n\nPart III Control of entry onto seas adjoining Aboriginal land\nAboriginal Land Act 1978 8\n(3) The Aboriginal Land Commissioner may, if he considers that the\ncircumstances require, inquire into and report on the change in\ncircumstances which would justify the revocation or variation of the\nprevious notice.\n(4) The Aboriginal Land Commissioner shall, in deciding whether to\nconduct an inquiry under subsection (3), have regard to the consent\nor otherwise of the Land Council and the traditional Aboriginal\nowners of the land adjoining the seas affected by the intended\nnotice.\n14 Entry onto, &c., closed seas\n(1) Subject to this Part and to any provision to the contrary in a law of\nthe Territory, a person shall not enter onto or remain on closed\nseas unless he has been issued with a permit to do so in\naccordance with this Part.\nMaximum penalty: 8 penalty units.\n(2) An Aboriginal who is entitled by Aboriginal tradition to enter and use\nthe seas adjoining an area of Aboriginal land may enter and use the\nresources of the seas adjoining and within 2 kilometres of that area\nof Aboriginal land notwithstanding that a notice published under\nsection 12 affects those seas.\n15 Issue of permits\n(1) The Land Council for the area in which closed seas are situated\nmay issue a permit to a person to enter onto and remain on those\nseas subject to such conditions as the Land Council thinks fit.\n(2) The traditional Aboriginal owners of an area of Aboriginal land\nadjoining closed seas may issue a permit to a person to enter onto\nand remain on that area of closed seas subject to such conditions\nas the traditional Aboriginal owners think fit.\n(3) A permit to enter onto and remain on closed seas shall be in\nwriting.\n(4) A Land Council or the traditional Aboriginal owners may delegate all\nor part of its or their authority to issue permits under this section\nand such delegations may be made upon such conditions as the\nLand Council or the traditional Aboriginal owners, as the case may\nbe, think fit.\n(5) A Land Council may revoke a permit issued by it, under its\nauthority, by the traditional Aboriginal owners or under the authority\nof the traditional Aboriginal owners over seas closed by notice\nunder section 12 which is within the area for which it is established.\n\nPart III Control of entry onto seas adjoining Aboriginal land\nAboriginal Land Act 1978 9\n(6) The traditional Aboriginal owners of an area of Aboriginal land may\nrevoke a permit issued by them under this section, under their\nauthority, by a Land Council or under the authority of a Land\nCouncil, where the permit relates to an area of closed seas which is\nadjacent to Aboriginal land of which those Aboriginals are the\ntraditional Aboriginal owners.\n(7) A Land Council shall, before commencing to issue permits for an\narea of Aboriginal land, consult with and come to an agreement\nwith the traditional Aboriginal owners of the area as to the terms\nand conditions upon which the Land Council may issue permits or\ndelegate its authority to issue permits.\n(8) Notwithstanding the provisions of section 14, the Aboriginal Land\nCouncil for the area in which an area of seas closed under\nsection 12 is situated or the traditional Aboriginal owners of an area\nof adjacent Aboriginal land may, by notice published in a\nnewspaper or broadcast over a radio station, waive the requirement\nfor a permit to enter the closed seas specified by the Land Council\nor the traditional Aboriginal owners in the notice for the period or\nperiods specified in that notice and the requirements of section 14\nshall not apply over that area for that period or those periods.\n16 The Minister may issue permits to government employees on\ncertain conditions\n(1) Where a person who is employed under or by virtue of an Act or as\na member of the personal staff of a Minister, the Leader of the\nOpposition or the Deputy Leader of the Opposition, has a need in\nthe performance of his duties to enter upon and remain on closed\nseas, the Minister may issue a permit which will, subject to any law\nin force in the Territory, authorize the person to whom it is issued to\nenter and remain on closed seas subject to the conditions set out in\nthe permit.\n(2) A permit issued under subsection (1):\n(a) shall be in writing and shall contain the name, the signature\nand an identification photograph of the person to whom the\npermit is issued;\n(b) shall specify the area of closed seas that the person to whom\nthe permit is issued is permitted to enter and remain on;\n(c) shall specify that the permit is issued to allow the person to\nwhom it is issued to enter and remain on closed seas in the\ncourse of his duty only; and\n(d) may contain conditions and restrictions subject to which the\npermit is issued.\n\nPart III Control of entry onto seas adjoining Aboriginal land\nAboriginal Land Act 1978 10\n(3) A permit issued under subsection (1) may be revoked by the\nMinister upon the request of the relevant Land Council.\n17 Members of Parliament and others may enter closed seas\nThe following persons may enter and remain on closed seas:\n(a) the Administrator, or an Acting Administrator, acting in the\ncourse of his or her duty;\n(b) a member of the Legislative Assembly engaged on the\nbusiness of the Assembly;\n(c) a member of either House of the Commonwealth Parliament\nengaged on the business of the Parliament;\n(d) a candidate for election as a Senator for the Northern Territory\nor as a member of the House of Representatives for a\nNorthern Territory electorate;\n(e) a candidate for election as a member of the Legislative\nAssembly for the purposes of conducting his or her campaign.\n18 Permit to be granted to protect existing rights\n(1) Subject to the Fisheries Act 1988, the holder of a licence issued\nunder the Fish and Fisheries Act 1979 (and kept in force under\nsection 71 of the Fisheries Act 1988), or the holder of a licence\ngranted under the Fisheries Act 1988, who held the licence before\nthe publication of a notice under section 12, may, together with any\npersons who assist or work for the holder, enter and fish the area of\nclosed seas referred to in that notice.\n(2) Before entering and fishing any closed seas under subsection (1) a\nperson shall notify the Land Council for the area in which the closed\nseas are situated.\n19 Defence in certain circumstances\nIt shall be a defence to a charge under section 14(1) if the person\ncharged proves that:\n(a) the entry onto closed seas was due to necessity, or beyond\nhis control;\n(b) it was impractical, in the circumstances, to apply for a permit;\nand\n(c) he removed himself from the closed seas as soon as it was\npracticable in the circumstances.\n\nPart IV General\nAboriginal Land Act 1978 11\n20 Seas open to transit vessels\nNothing in this Part shall prevent the bona fide transit of a vessel\nthrough seas which are otherwise open to that vessel.\nPart IV General\n21 No prosecution except on authority of Land Council\n(1) No complaint for an offence against section 4 or section 14 shall be\nheard unless the hearing of the complaint is supported by a notice\nin writing given by the Land Council established for the area in\nwhich the alleged offence took place.\n(2) A Land Council may authorize a person to sign a notice under\nsubsection (1) and a statement by the person signing a notice\nunder subsection (1) that he is so authorized shall be prima facie\nevidence of his authorization.\n22 Vehicles, &c., may be stopped and questions asked\n(1) A member of the Police Force may require a person who is on or is\nabout to enter Aboriginal land or open road or closed seas (other\nthan an open area or enter or use a road declared under\nsection 11) to:\n(a) produce to him a permit issued to the person under this Act; or\n(b) state his name and address,\nand for that purpose may stop a person or any motor vehicle, as\ndefined in the Motor Vehicles Act 1949, power cycle, push-bike,\nvessel or animal in or on which a person is riding.\n(2) A person who is called upon to do so by a member of the Police\nForce shall stop and cause any motor vehicle, power cycle,\npush-bike, vessel or animal in his control to stop.\nMaximum penalty: 8 penalty units.\n23 Offence to refuse to produce permit, &c.\nA person required under section 22(1) to produce a permit or state\nhis name and address who:\n(a) refuses or fails to produce a permit issued to him under this\nAct that is in his possession; or\n\nPart IV General\nAboriginal Land Act 1978 12\n(b) refuses or fails to state his name and address, or states a\nfalse name or address,\nis guilty of an offence.\nMaximum penalty: 8 penalty units.\n\nENDNOTES\nAboriginal Land Act 1978 13\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAboriginal Land Ordinance 1978 (Act No. 106, 1978)\nAssent date 9 November 1978\nCommenced 1 February 1979 (Gaz G4, 26 January 1979, p 18)\nStatute Law Revision Act 1979 (Act No. 98, 1979)\nAssent date 10 August 1979\nCommenced 26 October 1979 (Gaz G43, 26 October 1979, p 1)\nAboriginal Land Act 1979 (Act No. 138, 1979)\nAssent date 16 November 1979\nCommenced 16 November 1979\nAboriginal Land Act (No. 2) 1979 (Act No. 141, 1979)\nAssent date 12 December 1979\nCommenced 25 January 1980 (s 3, s 2 Fish and Fisheries Act 1979 (Act\nNo. 4, 1980) and Gaz G4, 25 January 1980, p 4)\nAboriginal Land Act 1980 (Act No. 54, 1980)\nAssent date 10 June 1980\nCommenced 6 March 1981 (Gaz G9, 6 March 1981, p 1)\nStatute Law Revision Act 1980 (Act No. 6, 1981)\nAssent date 9 January 1981\nCommenced 9 January 1981\nStatute Law Revision Act 1984 (Act No. 28, 1984)\nAssent date 20 July 1984\nCommenced 20 July 1984\nAboriginal Land Amendment Act 1988 (Act No. 22, 1988)\nAssent date 1 September 1988\nCommenced 1 September 1988\n\nENDNOTES\nAboriginal Land Act 1978 14\nStatute Law Revision Act 1988 (Act No. 66, 1988)\nAssent date 22 December 1988\nCommenced s 7: 14 December 1988; rem: 22 December 1988 (s 7(2) and\ns 2 Fisheries Act 1988 (Act No. 58, 1988))\nStatute Law Revision Act 1990 (Act No. 33, 1990)\nAssent date 11 June 1990\nCommenced 11 June 1990\nDe Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991)\nAssent date 24 December 1991\nCommenced 1 January 1992 (s 2)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 18 and 22.\n4 LIST OF AMENDMENTS\nlt amd No. 54, 1980, s 4; No. 6, 1981, s 4\nss 1 – 2 amd No. 6, 1981, s 4\ns 3 amd No. 98, 1979, s 3; No. 54, 1980, s 5; No. 6, 1981, s 4; No. 29, 2010, s 3\ns 3A ins No. 54, 1980, s 6\ns 4 amd No. 54, 1980, s 7; No. 6, 1981, s 4; No. 22, 1988, s 3; No. 23, 2013, s 12\ns 5 amd No. 54, 1980, s 8\ns 5A ins No. 54, 1980, s 9\ns 6 amd No. 98, 1979, s 3; No. 138, 1979, s 3; No. 54, 1980, s 10\ns 6A ins No. 138, 1979, s 4\namd No. 54, 1980, s 11; No. 82, 1991, s 3; No. 1, 2004, s 62\ns 7 amd No. 138, 1979, s 5\nsub No. 29, 2010, s 3\ns 9 amd No. 54, 1980, s 12\ns 11 amd No. 54, 1980, s 13\ns 12 amd No. 28, 1984, s 3\ns 14 amd No. 6, 1981, s 4; No. 22, 1988, s 4; No. 23, 2013, s 12\ns 16 amd No. 98, 1979, s 3; No. 138, 1979, s 6\ns 17 amd No. 138, 1979, s 7\nsub No. 29, 2010, s 3\ns 18 amd No. 141, 1979, s 4; No. 66, 1988, s 7; No. 33, 1990, s 9\npt IV hdg sub No. 138, 1979, s 8\n\nENDNOTES\nAboriginal Land Act 1978 15\ns 22 ins No. 138, 1979, s 9\namd No. 54, 1980, s 14; No. 23, 2013, s 12\ns 23 ins No. 138, 1979, s 9\namd No. 23, 2013, s 12","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act has not grown significantly beyond its original purpose of regulating entry onto Aboriginal land, bordered roads and adjoining seas following land grants under the federal regime. Amendments have primarily updated language, penalties, family definitions and procedural details while preserving the core permit-based access control framework established in 1978."},"complexity_factors":["Extensive cross-referencing to the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) for all key definitions including 'Aboriginal land', 'traditional Aboriginal owners' and 'Aboriginal tradition'","Parallel but slightly different permit regimes for land/roads versus closed seas, with overlapping issuing authorities (Land Councils, traditional owners, Administrator, Minister)","Multi-step procedural requirements for sea closures including mandatory referral to the Aboriginal Land Commissioner and consideration of six specific inquiry factors","Nested exceptions, defences and deeming provisions (e.g. s 6A on family members, s 9 and s 19 necessity defences, s 3A on road status)","Delegation, consultation, revocation and waiver mechanisms that interact conditionally across multiple sections"],"plain_english_summary":"**The Aboriginal Land Act 1978 (NT)** regulates who can enter or stay on Aboriginal land (land granted under the federal Aboriginal Land Rights (Northern Territory) Act 1976), certain roads that cross it, and the seas within 2 km of that land. \n\nIt creates a permit system so that Land Councils or traditional Aboriginal owners (people with ancestral responsibilities under Aboriginal tradition) control most access. Aboriginal people can enter areas their own traditions entitle them to without a permit. Exceptions exist for politicians, senior public servants performing duties, emergency situations, and people with existing legal rights. \n\nThe Administrator can temporarily close seas to protect traditional uses after an inquiry by the Aboriginal Land Commissioner, but must consider public interests. Police can stop vehicles or vessels to check permits. Breaching the rules can lead to fines, but prosecutions only start with Land Council approval. The law aims to balance respect for Aboriginal land rights with practical access for government, transit, and limited public use."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The source text records that the Act has been modified (noted as modified by section 74AA of the Aboriginal Land Rights (Northern Territory) Act 1976) and the endnotes list multiple amendments and insertions (for example the insertion of s 3A, s 5A, s 6A, s 22 and s 23, and various amendments recorded in the list of amendments). Those amendments altered the Act’s provisions on roads, permits, ministerial/administrative powers, enforcement and penalties (see the Note at the start and the list of amendments and endnotes in the provided text)."},"complexity_factors":["Multiple decision-makers with overlapping powers: Land Councils, traditional Aboriginal owners, the Administrator, Ministers and the Aboriginal Land Commissioner (s 5; s 15; s 5A; s 6; s 12–13).","Different regimes for land, roads and seas, including a separate closure process for seas within 2 km (s 4; s 5A; s 12–15).","Delegation, revocation and condition-setting powers for permit issuers, and consultation requirements between Land Councils and traditional owners (s 5(4), (5), (6), (7); s 15(4), (5), (6), (7)).","Enforcement procedure that requires Land Council support to initiate prosecutions, together with police stop-and-check powers and specified defences (s 21; s 22; s 23; s 9; s 19).","Interplay with other statutory regimes and protected existing rights (cross-reference to Aboriginal Land Rights (NT) Act 1976; Fisheries Act provisions and protection for existing fishing licences under s 18).","Administrative inquiry procedure involving the Aboriginal Land Commissioner for sea-closure decisions and reviews, adding procedural layers and potential delay (s 12(3)–(4); s 13(2)–(4))."],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes a permit regime controlling who may enter or remain on Aboriginal land, use certain roads bordered by Aboriginal land, and enter seas adjoining Aboriginal land (see sections 4, 14, 12–15).\n- Gives primary authority to issue and revoke permits to the Land Council for the relevant area and to the traditional Aboriginal owners of the land or adjacent seas (s 5; s 15). Permits must be in writing (s 5(3); s 15(3)).\n- Allows Land Councils or traditional owners to delegate permit-issuing authority and to set conditions on permits (s 5(4); s 15(4)). Land Councils must consult and reach agreement with traditional owners before issuing permits or delegating that power (s 5(7); s 15(7)).\n- Provides a limited administrative backstop for road access: if a Land Council or traditional owners refuse or unreasonably delay issuing a road-use permit, the Administrator may issue the permit for that road (s 5A).\n- Permits for government employees may be issued by a Minister where entry is required to perform duties; such permits must be written, contain ID, specify the permitted area and be limited to the course of duty; Ministers may revoke them on a Land Council’s request (s 6; s 16 for closed seas). A permit issued for someone required to live on the land is taken to include immediate family living with them (s 6A).\n- The Administrator may, by Gazette notice, close seas adjoining Aboriginal land (up to 2 kilometres) to persons or classes of persons and for specified purposes; closure proposals can be referred to the Aboriginal Land Commissioner for inquiry and report (s 12). The Administrator may later vary or revoke a closure (s 13).\n- Sets out exceptions and defences: Aboriginal people entitled by tradition may enter their land and adjacent seas (s 4(2)–(3); s 14(2)); entry or use due to necessity or beyond control is a defence if it was impractical to obtain a permit and the person left as soon as practicable (s 9; s 19).\n- Protects existing private estates and interests on Aboriginal land from interference by permit holders (s 10).\n- Creates limited public-access mechanisms: areas or roads may be declared open by Gazette notice so no permit is required during the declared period (s 11); Land Councils/traditional owners may temporarily waive permit requirements by public notice (s 5(8); s 15(8)).\n- Sets enforcement and procedural rules: police may stop people, vehicles, vessels or animals and require production of a permit or name and address (s 22); refusing to produce a permit or giving false details is an offence (s 23). Prosecutions for breaches of the entry sections require written support from the relevant Land Council (s 21). Maximum penalties for unauthorized entry are stated in the entry sections (s 4(1); s 14(1)).\n\nWho it affects\n\n- People who wish to enter or stay on Aboriginal land or use certain roads bordered by Aboriginal land (s 4).\n- People who wish to enter or fish in seas adjoining Aboriginal land that are closed by notice (s 12; s 14). Fishing licence holders who had licences before closure retain certain rights but must notify the Land Council before fishing (s 18).\n- Land Councils and traditional Aboriginal owners, who hold primary decision-making authority over permits and the power to delegate, condition, revoke and waive permits (s 5; s 15; s 5(4), 5(7), 15(4), 15(7), 5(8), 15(8)).\n- The Administrator and Ministers, who have specified powers to close seas, issue permits in limited circumstances and step in where Land Councils delay or refuse regarding roads (s 12; s 5A; s 6; s 13).\n- Police, who are given statutory powers to stop and require production of permits and to ask for name/address (s 22).\n\nStated purpose and how the law aims to achieve it\n\n- The Act’s stated objective is to provide for access to Aboriginal land, certain roads bordered by Aboriginal land and the seas adjacent to Aboriginal land (title and opening provisions). The mechanical approach to that objective is a permit system controlled by local Aboriginal decision-makers (Land Councils and traditional owners) with limited Territory/administrative override powers in specified situations (s 5; s 5A; s 6; s 12–13; s 15).\n\nCosts, incentives, trade-offs and practical effects (source-grounded)\n\n- Who decides: Land Councils and traditional Aboriginal owners make the primary access decisions (s 5; s 15). The Administrator and Ministers have secondary powers in specific circumstances (s 5A; s 6; s 12–13). Police implement compliance at point-of-entry (s 22).\n\n- Compliance burden on visitors and businesses: people and businesses that need to enter land or closed seas must obtain written permits and carry them for inspection (s 5(3); s 15(3); s 22). Failing to carry or produce a permit can lead to an offence (s 23). This creates time and administrative costs for applicants and potential operational disruption for activities that rely on access (s 4; s 14; s 22–23).\n\n- Discretion and administrative risk: the Act vests broad discretion in Land Councils and traditional owners to set permit conditions, delegate issuance, and revoke permits (s 5(1), (4), (5), (6); s 15(1), (4), (5), (6)). The Administrator may close seas and refer closure matters to the Aboriginal Land Commissioner for inquiry (s 12(1), (3)) and may re-open or vary closures after referral (s 13). Those powers create points where administrative choice and timing affect access outcomes.\n\n- Remedies and backstops: for roads, where a Land Council or traditional owners refuse or unreasonably delay issuing a permit, an applicant can apply to the Administrator who may issue the road permit (s 5A). For closed seas, pre-existing fishing licence holders may enter to fish subject to notification of the Land Council (s 18). Prosecutions for unauthorised entry require written support from the relevant Land Council (s 21), which limits who can initiate enforcement proceedings under these provisions.\n\n- Interaction with private rights and commercial activity: the Act explicitly protects existing private estates or interests on Aboriginal land from interference by a person entering under this Part (s 10). Licensed fishers who held licences before closure retain rights to enter and fish but must notify the Land Council (s 18). These rules create a framework where permit controls can affect commercial access and must be navigated alongside protections for pre-existing rights.\n\n- Exceptions and costs of enforcement: Aboriginal persons entitled by tradition are not subject to the permit requirement for their traditional areas (s 4(2)–(3); s 14(2)). Police are empowered to stop and check permits, which allocates enforcement costs to the Territory’s police resources and places compliance checks at points of movement (s 22).\n\nImplementation risks and opportunity costs\n\n- Time and resource costs for Land Councils/traditional owners in issuing, monitoring and revoking permits and for police in enforcement (s 5; s 15; s 22).\n- Potential delays or uncertainty for applicants where decisions are discretionary or where referral to the Aboriginal Land Commissioner is used (s 5A; s 12(3); s 13(2)–(3)).\n- Trade-offs between localized decision-making (Land Council/traditional owner control) and central administrative powers (Administrator/Minister) that can alter access outcomes in particular cases (s 5A; s 6; s 12–13).\n\nKey procedural safeguards and limits\n\n- Written permits with specified content for government employee permits (s 6(2); s 16(2)).\n- Requirement for Land Council written support before a complaint under the entry provisions is heard (s 21).\n- Defences for necessity or impracticality to obtain a permit and requirement to leave as soon as practicable (s 9; s 19).\n\nPractical summary: who pays and what changes in behaviour\n\n- Visitors, tourists, fishers, contractors and businesses that need access will bear time and administrative costs to secure written permits and to carry them for inspection (s 5; s 15; s 22–23).\n- Land Councils and traditional owners will incur administrative costs and exercise decision-making authority over access conditions (s 5; s 15; s 5(7); s 15(7)).\n- The Territory (Administrator/Ministers) retains specified powers to close/reopen seas, issue permits in limited circumstances and step in for road access delays, so some access outcomes may be resolved administratively outside the Land Council/traditional owner process (s 5A; s 6; s 12–13).\n\nSource references: statutory provisions cited above are from the Aboriginal Land Act 1978 as provided (noting related definitions and cross-references to the Aboriginal Land Rights (Northern Territory) Act 1976 where indicated in the text)."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-land-act-1978","history":"/api/acts/aboriginal-land-act-1978/history","analysis":"/api/acts/aboriginal-land-act-1978/analysis","conflicts":"/api/acts/aboriginal-land-act-1978/conflicts","importantCases":"/api/acts/aboriginal-land-act-1978/important-cases","documents":"/api/acts/aboriginal-land-act-1978/documents"}}