{"id":"F2007L01935","name":"Aboriginal Land Rights (Northern Territory) Regulations 2007","slug":"aboriginal-land-rights-northern-territory-regulations-2007","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"184 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":66802,"registerId":"commonwealth-F2007L01935-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Aboriginal Land Rights (Northern Territory) Regulations 2007.","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Definition","content":"#### 4 Definition\n\n  In these Regulations:\n\n> Act means the Aboriginal Land Rights (Northern Territory) Act 1976.\n\n> Note: A number of expressions used in these Regulations are defined in the Act, including:\n\n    Aboriginal\n    Aboriginal land\n    Director\n    Land Trust\n    township.","sortOrder":1},{"sectionNumber":"6A","sectionType":"section","heading":"Northern Territory laws not to apply to certain subdivisions of land (Act ss 19E and 20SB)","content":"#### 6A Northern Territory laws not to apply to certain subdivisions of land (Act ss 19E and 20SB)\n\n  For sections 19E and 20SB of the Act, Part 5 of the Planning Act 1999 (NT) and subsection 52(10) of the Land Title Act 2000 (NT) do not apply to:\n    (a) a plan of survey for the subdivision of land that:\n    (i) is limited to formalising land title arrangements for land on which buildings or physical infrastructure has been erected on or after the date of commencement of a lease to the Commonwealth mentioned in section 19E or 20SB of the Act; and\n    (ii) is lodged with the Surveyor‑General for the Northern Territory within 3 years of the commencement date of the lease; and\n    (b) a sublease by the Commonwealth of a parcel of land specified in the plan of survey, to a person or entity.","sortOrder":2},{"sectionNumber":"7","sectionType":"section","heading":"Functions of the Executive Director (Act s 20C)","content":"#### 7 Functions of the Executive Director (Act s 20C)\n\n  (1) For the purposes of paragraph 20C(c) of the Act, the Executive Director has the functions prescribed by this regulation if:\n    (a) an approved entity holds, or may become the holder of, a lease (the main interest) under section 19A of the Act; or\n    (b) the Executive Director has transferred, or is considering transferring, a sublease (the main interest) to an Aboriginal and Torres Strait Islander corporation under subsection 20CB(1) of the Act.\n  (2) The Executive Director may, on behalf of the Commonwealth, enter into an agreement with the entity or corporation under which the Executive Director will provide to the entity or corporation services related to administering:\n    (a) the main interest; or\n    (b) a sublease or other right or interest derived from the main interest.\n  (3) The Executive Director must provide the services in accordance with the agreement.\n  (4) The agreement may provide for the payment of fees to the Commonwealth for the provision of the services by the Executive Director.\n  (5) A fee provided for by the agreement must not be such as to amount to taxation.","sortOrder":3},{"sectionNumber":"9","sectionType":"section","heading":"Kind of payment that is an accountable amount (Act s 35(4A))","content":"#### 9 Kind of payment that is an accountable amount (Act s 35(4A))\n\n  For paragraph 35(4A)(c) of the Act, the kinds of payments are:\n    (a) a payment made:\n    (i) in respect of Aboriginal land; and\n    (ii) by the Director under a lease of the land to the Director; and\n    (iii) under a lease that was entered into in accordance with an agreement made under subsection 12(2B) or (2C) of the Act; and\n    (b) an amount paid under subsection 62(1G) or (5) of the Northern Territory National Emergency Response Act 2007 in relation to Aboriginal land.","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations appear to maintain their original scope as machinery provisions supporting the Aboriginal Land Rights (Northern Territory) Act 1976. They deal with specific technical matters (subdivision exemptions, administrative services, and accountable amounts) that are clearly ancillary to the parent Act's purpose. There is no evidence of significant scope creep beyond the original regulatory intent."},"complexity_factors":["Heavy reliance on external definitions — the Regulations don't define key terms like 'Aboriginal', 'Aboriginal land', or 'Land Trust' themselves, instead pointing to the parent Act","Multiple cross-references to specific sections of the parent Act (ss 19E, 20SB, 20C, 35(4A)) and other legislation (Planning Act 1999 (NT), Land Title Act 2000 (NT), Northern Territory National Emergency Response Act 2007)","Nested conditional logic in regulation 6A — the exemption only applies if the subdivision is (i) limited to formalising existing arrangements AND (ii) lodged within 3 years","Regulation 7 contains layered conditions: the Executive Director's functions only apply if specific lease arrangements exist, and the services must be provided according to agreement, with a specific prohibition on fees amounting to taxation","Regulation 9 uses a four-part test for payments in paragraph (a) (respect of Aboriginal land, by the Director, under a lease, entered into under specific agreement provisions)"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations set out detailed rules for how the Aboriginal Land Rights (Northern Territory) Act 1976 operates in practice. They deal with three main things:\n\n* **Land subdivisions:** They prevent certain Northern Territory planning and land title laws from applying to specific subdivisions of Aboriginal land — but only when those subdivisions are just formalising land titles for buildings or infrastructure already built on land leased to the Commonwealth, and only if the paperwork is lodged within 3 years of the lease starting.\n\n* **Executive Director's role:** They give the Executive Director (a Commonwealth official who administers certain leases) power to enter into agreements to provide administrative services to approved entities or Aboriginal corporations that hold leases. These agreements can include fees, but the fees can't be so high they effectively become a tax.\n\n* **Accountable amounts:** They specify what kinds of payments count as \"accountable amounts\" — money that must be properly tracked and managed. This includes certain lease payments made by the Director and specific payments made under the Northern Territory National Emergency Response Act 2007 (the \"Intervention\" legislation).\n\n**Who it affects:**\n\n* Aboriginal Land Trusts and traditional owners in the Northern Territory\n* The Commonwealth Executive Director of Township Leasing\n* Approved entities and Aboriginal corporations holding leases over Aboriginal land\n* The Northern Territory government (whose laws are partially excluded in specific circumstances)\n\n**Why it matters:**\n\nThese rules create practical mechanisms for managing the complex system of leasing Aboriginal land, particularly in townships. They balance Aboriginal land rights with practical needs for development and infrastructure, while ensuring financial accountability for money flowing from land use."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations are procedural and supplementary to the parent Act, filling in specific details without expanding the original purpose of the legislation."},"complexity_factors":["Only three substantive regulations (6A, 7, 9) with clear conditions","Short length and minimal cross-references","Few defined terms, most imported from the parent Act"],"plain_english_summary":"These regulations set out specific rules for Aboriginal land in the Northern Territory. They exempt certain subdivision plans from Northern Territory planning and land title laws if the subdivision is needed to formalise title for buildings or infrastructure built after a lease to the Commonwealth started, and the plan is lodged within 3 years of that lease. They also allow the Executive Director (a Commonwealth official) to enter agreements to help manage leases on Aboriginal land, with fees that cannot be a tax. Finally, they list two types of payments that must be accounted for: payments from a lease made under certain agreements, and amounts paid under the Northern Territory National Emergency Response Act related to Aboriginal land. These regulations affect Aboriginal land owners, the Commonwealth, and entities holding leases on Aboriginal land."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-land-rights-northern-territory-regulations-2007","history":"/api/acts/aboriginal-land-rights-northern-territory-regulations-2007/history","analysis":"/api/acts/aboriginal-land-rights-northern-territory-regulations-2007/analysis","conflicts":"/api/acts/aboriginal-land-rights-northern-territory-regulations-2007/conflicts","importantCases":"/api/acts/aboriginal-land-rights-northern-territory-regulations-2007/important-cases","documents":"/api/acts/aboriginal-land-rights-northern-territory-regulations-2007/documents"}}