Aboriginal Land Rights (Northern Territory) Act 1976

Section 3(1) defines key terms. "Aboriginal" means a member of the Aboriginal race of Australia. "Aboriginal land" means land held by a Land Trust for an estate in fee simple or the subject of a deed of grant held in escrow by a Land Council. "Traditional Aboriginal owners" means a local descent group of Aboriginals who have common spiritual affiliations to a site on the land that place the group under a primary spiritual responsibility for that site and for the land, and who are entitled by Aboriginal tradition to forage as of right over that land. "Aboriginal tradition" means the body of traditions, observances, customs and beliefs of Aboriginals or a community or group of Aboriginals, including those applied to persons, sites, areas of land, things or relationships.

"Sacred site" means a site that is sacred to Aboriginals or is otherwise of significance according to Aboriginal tradition, including land declared to be sacred under a law of the Northern Territory. "Land Council" and "Land Trust" refer to bodies established by or under the Act. "Approved entity" means the Commonwealth, a Commonwealth authority or an Aboriginal and Torres Strait Islander corporation approved under section 3AA for a named area. "Township" means a prescribed area of Aboriginal land vested in a Land Trust or, for the Kakadu Aboriginal Land Trust, the Jabiru town land. "Mining interest" means any lease or other interest in land granted under a law of the Northern Territory relating to mining, other than for extractive mineral deposits, or certain rights under the Lands Acquisition Act 1989.

Section 3(2) excludes mining interests, Atomic Energy Act interests, extractive mineral interests and certain occupations from references to an estate or interest in land. "Crown land" excludes land set apart for a public purpose or subject to an escrow deed. Land Trusts are bodies corporate with perpetual succession established by Gazette notice under section 4, holding title and exercising powers only on Land Council directions under section 5. Land Councils are bodies corporate with functions under section 23 and performance requirements under section 23AA. The Act distinguishes unalienated Crown land from alienated Crown land and provides for township leases under sections 19A to 19E and preservation of pre-grant occupation rights.

The Northern Territory Aboriginal Investment Corporation is a body corporate under section 65B with purposes under section 65BA to promote self-management, economic self-sufficiency and social and cultural wellbeing of Aboriginal people in the Northern Territory. A strategic investment plan under section 65C covers a period of three, four or five financial years and states priorities for payments and investments.

The Act affects traditional Aboriginal owners and other Aboriginals entitled by tradition to use or occupation of land in the Northern Territory. It affects Land Trusts established under section 4 and Land Councils established to represent Aboriginals in their areas. The Commonwealth and Northern Territory Governments are bound under section 3B, with the Minister exercising powers of consent, direction and appointment under sections 19A, 34, 39, 44, 46, 48F, 64 and 65BH. The Governor-General executes grants under sections 12, 12AAA and 12AAB and issues Proclamations under sections 40(b) and 48C.

Mining proponents and Northern Territory mining authorities are affected by consent and agreement requirements under Part IV. The Director of National Parks is affected in relation to Commonwealth reserves such as Kakadu and Uluru under sections 12A and 19A(1C). Missions are affected under section 18. Approved entities receiving township leases under section 19A and Aboriginal and Torres Strait Islander corporations receiving distributions under section 35 are affected. The Northern Territory Aboriginal Investment Corporation, its Board under section 65E, committees under section 65F and CEO under section 65G are affected. Persons holding or seeking mining interests, exploration licences or other estates or interests in Aboriginal land are affected. The Act applies to Crown land vested in the Northern Territory under section 3A and to persons entering or remaining on Aboriginal land or sacred sites under sections 69 and 70.

Land Trusts must hold title for the benefit of entitled Aboriginals, exercise ownership powers accordingly, acquire interests in escrow land for surrender to the Crown, and act only on Land Council directions under section 5. Land Councils must ascertain and express Aboriginal wishes on land management, protect interests of traditional owners and other interested Aboriginals, assist protection of sacred sites, consult traditional owners and affected groups on proposals, negotiate estates or interests, assist commercial activities and traditional land claims, maintain registers, supervise Land Trusts, determine priorities, allocate resources efficiently, perform functions in a timely manner and maintain structures ensuring satisfactory representation and fair consultation under sections 23 and 23AA.

Traditional Aboriginal owners must understand and consent as a group, and affected Aboriginal communities or groups must be consulted with adequate opportunity to express views, before Land Councils consent to grants of estates or interests under section 19(5), township leases under section 19A(2), exploration licences under section 42(6) or mining interests under section 46. Aboriginals are entitled to enter, use and occupy Aboriginal land in accordance with Aboriginal tradition under section 71. Land Councils must apply amounts received under section 64(1), fees under sections 33A or 33B and other income to administrative or capital costs per approved estimates under section 35(1) and pay specified amounts to Aboriginal and Torres Strait Islander corporations or traditional owners within six months under sections 35(2) to 35(4B).

The Executive Director of Township Leasing must enter and administer leases and subleases on behalf of the Commonwealth where the Minister agrees to requests under section 20C. Mining requires Land Council consent after consultation and agreement on terms including compensation for damage and disturbance under sections 40, 42, 44, 44A and 46. The Minister must recommend grants for Schedule 1 land under section 10 and other Crown land on Commissioner recommendations under section 11. Approved entities must prepare and comply with expenditure estimates under section 19B. The Northern Territory Aboriginal Investment Corporation must have regard to its purposes and strategic investment plan, act on sound business principles, maximise Aboriginal employment and use of Aboriginal-owned businesses under section 65BC, and comply with investment limits under section 65BH, borrowing restrictions under section 65BJ and derivative rules under section 65BL.

Entry or remaining on a sacred site without lawful authority is an offence under section 69(1), with penalties of 200 penalty units or 12 months imprisonment for an individual and 1,000 penalty units for a body corporate. Defences apply for Aboriginals acting in accordance with tradition, functions under the Act or Northern Territory law, or no reasonable suspicion of sacred site status under sections 69(2A) to 69(4). Entry or remaining on Aboriginal land without authority is an offence under section 70(1), with a penalty of 50 penalty units. Exceptions cover estates or interests, official duties, authorisations under section 19(13), leased land under section 19A and necessity under sections 70(2A) to 70(3).

Making or agreeing to a payment or offering a gift in connection with the grant of an exploration licence or mining interest except as authorised under sections 33A, 42, 43, 44, 46, 48A, 48B or 48D is an indictable offence under section 48J(1), with penalties of up to 120 penalty units or 2 years imprisonment for an individual and 600 penalty units for a body corporate. Summary jurisdiction is available under sections 48J(2) to 48J(4). Failure to attend, answer or produce documents at Commissioner inquiries is an offence under section 54, carrying 30 penalty units on a strict liability basis. Contravention of secrecy provisions under section 23E carries 60 penalty units or 12 months imprisonment.

The Minister may terminate Land Trust member appointments on reasonable Land Council request under section 8 and give directions on Land Council financial administration under section 39. The Northern Territory Supreme Court may make declaratory orders on excluded roads under section 12AB. Mining Commissioner determinations on terms are binding, and the Minister may enter agreements on behalf of unwilling Land Councils under sections 44, 46, 48B and 48E. Non-compliance with section 35C reporting by recipient bodies corporate may lead to suspension of further payments under sections 35(6A) to 35(6D). Appointments to the Northern Territory Aboriginal Investment Corporation Board may be terminated for misbehaviour, incapacity, bankruptcy, absence from three consecutive meetings or serious breach of the code of conduct under section 65EN. The Executive Director's appointment may be terminated for misbehaviour, physical or mental incapacity, bankruptcy, absence without leave or failure to comply with section 20N under section 20M.

The Act has effect despite anything in the Lands Acquisition Act 1989 under section 3C. Northern Territory laws apply to Aboriginal land to the extent they are capable of operating concurrently with the Act under section 74, and may make corresponding offences. The Act does not limit Northern Territory power to make laws on sacred site protection with Aboriginal access per tradition, entry on Aboriginal land with tradition rights, temporary restrictions, wildlife protection and management with consultation and utilisation rights, and sea waters adjoining Aboriginal land with tradition entry and use rights, provided such laws are consistent with Commonwealth law including the Environment Protection and Biodiversity Conservation Act 1999 Division 4 Part 15 under section 73.

Chapter 2 of the Criminal Code, except Part 2.5, applies to offences under section 3D. The Public Governance, Performance and Accountability Act 2013 applies to Land Councils, the Northern Territory Aboriginal Investment Corporation and the Aboriginals Benefit Account. The Environment Protection and Biodiversity Conservation Act 1999 interacts with Director occupation rights after estate cessation under section 12A and Jabiru town land lease conditions under section 19A(1C). The Atomic Energy Act 1953 and other Acts authorising mining for minerals do not apply to Aboriginal land without Governor-General proclamation of dual Minister and Land Council consent or national interest requirement, and agreements on payments are required under sections 48C and 48D.

Regulations may modify Northern Territory planning, infrastructure, subdivision and other laws for township lease land under section 19E and for land subject to leases administered by the Executive Director under section 20SB. The Act excludes public roads from Schedule 1 descriptions under section 3(5) and provides for agreements or Supreme Court orders on excluded roads under sections 12AA to 12AC. Northern Territory mining law applies to exploration licences and mining interests, subject to Land Council consent or national interest requirements under sections 41(1), 45 and 48C. The Income Tax Assessment Act 1997 and 1936 apply for Northern Territory Aboriginal Investment Corporation tax exemption under section 65BN and mining withholding tax under section 64A. The Remuneration Tribunal Act 1973 applies to Executive Director remuneration under section 20G.

The Act connects with the Northern Territory National Emergency Response Act 2007 where section 52 of that Act allows Land Trusts to grant further leases under section 19 of this Act over land covered by leases granted under section 31 of that Act, and section 59 of that Act provides that Northern Territory laws apply to land covered by leases under section 31 or land in which a Commonwealth interest exists to the extent they are capable of operating concurrently.

The source text does not provide details of specific recent changes to the Act. Provisions in Part VIA incorporate references to the Public Governance, Performance and Accountability Act 2013 for the Northern Territory Aboriginal Investment Corporation, including requirements for investment of relevant money under section 65BG, borrowing authorisations under section 65BJ and annual reporting under sections 65JC and 65JD. The Aboriginals Benefit Account continues under the Public Governance, Performance and Accountability Act 2013 framework, with Minister determinations on investment amounts under section 62A and debits for payments to the Northern Territory Aboriginal Investment Corporation under section 64AA, including a single $500 million amount and subsequent $60 million tranches. A review of Part VIA operation must occur as soon as practicable after seven years from commencement, with the report, excluding commercially sensitive information, tabled in each House under section 65JD.

The source text does not name any court challenges or controversies. The Act provides for declaratory orders by the Northern Territory Supreme Court on excluded roads under section 12AB. Mining Commissioner determinations on terms under sections 44, 46 and 48AA are binding, with the Minister authorised to enter agreements on behalf of unwilling Land Councils under sections 44(10), 46(13) and 48B(4). Non-compliance with consultation or consent requirements for Land Council directions or agreements does not invalidate grants or agreements unless the approved entity procured the direction by fraud under section 19A(3) or in specified cases under section 67B(5). Claims under section 50(1)(a) are taken finally disposed of in specified circumstances, including failure to provide information within at least six months under sections 67A(7) to 67A(9) or regulations prescribing land claim numbers and qualifying land under sections 67A(12) to 67A(14).

Non-compliance with requirements for traditional owner understanding and consent or affected group consultation does not invalidate grants, agreements or directions unless fraud by the grantee under sections 19(6), 19A(3), 42(7) and 48D(3). Traditional owner group consent is taken as given if made in accordance with an existing tradition process or an agreed or adopted process under section 77A. References to an estate or interest in land exclude mining interests, Atomic Energy Act interests, extractive mineral interests under Northern Territory law, Northern Territory mining authority interests and certain occupations or uses under section 3(2). The granting of a mining interest does not include renewal of a pre-existing mining interest in accordance with an option or right conferred before the land became Aboriginal land under section 3(4).

Land Trusts are not empowered to accept or discharge moneys; such moneys must be paid to the relevant Land Council under section 6. Grazing, occupation or miscellaneous licences under the Crown Lands Ordinance 1931 (NT) convert to compensation rights on deed execution, extending to diminution in value of adjacent land, but unauthorised improvements are not compensable under section 12AD. Determinations under section 35(2), (3) or (6) are not legislative instruments under section 35A(5). Public roads are excluded from Schedule 1 land descriptions under section 3(5). The Act does not authorise mining or exploration under preserved occupation rights under section 18C. Certain pre-commencement mining leases are deemed estates or interests under section 10(3).

A road shall not be constructed or upgraded over Aboriginal land unless the Land Council consents after being satisfied of traditional owner understanding and group consent and consultation with affected groups under section 68(2). Section 68 does not apply where a person other than a Land Trust has a mining interest authorised by Northern Territory law or an interest under the Atomic Energy Act 1953 or other mining Act under section 68(4). Access rights under sections 70B to 70D apply subject to prescribed limitations and temporary restrictions for privacy of events in accordance with Aboriginal tradition or public health or safety under section 70B(12) to 70B(14). A particular Northern Territory Aboriginal Investment Corporation investment exceeding the amount in section 65BH(2), default $100 million or higher amount prescribed by rules, requires written agreement of the Minister, though failure does not affect validity under section 65BH(3).

Land Councils must prepare and submit estimates of administrative and capital expenditure for Ministerial approval, notify expected fees and other income under section 34, spend amounts received under section 64(1), fees under sections 33A or 33B and other income on approved costs in the year received or next year under section 35(1), pay mining-related amounts to affected Aboriginal and Torres Strait Islander corporations within six months under section 35(2), apply agreement payments per the agreement or to affected corporations under section 35(3), match and pay other Aboriginal land payments to or for traditional owners within six months under section 35(4) and township lease payments to corporations for traditional owners under section 35(4B), report reasons for non-disbursement to the Minister under section 35(5), maintain registers of traditional Aboriginal owners under section 24, make written rules for meetings and committees and allow inspection by traditional owners and area Aboriginals under sections 29A and 31, disclose pecuniary interests under section 29AA, and include specified matters in annual reports under the Public Governance, Performance and Accountability Act 2013 under section 37.

For mining, applicants must obtain Northern Territory Mining Minister consent, submit comprehensive proposals with specified particulars on program, impacts, access, payments and rehabilitation under sections 41(6) and 46(1), and obtain Land Council consent after practicable consultation with traditional owners and affected groups under sections 42(2) and 46(3) to 46(6). Land Trusts must obtain Land Council direction and, for terms exceeding 40 years, Ministerial consent before granting estates or interests under section 19. Approved entities must prepare expenditure estimates as directed by the Minister under section 19B and comply with any regulations modifying Northern Territory laws under section 19E. Parties to mining agreements must include compensation for damage, disturbance, deprivation and severance under section 44A. The Minister must consult the nominating Land Council before revoking approval of an Aboriginal and Torres Strait Islander corporation as an approved entity under section 3AA. All bodies must comply with secrecy obligations under section 23E and disclosure requirements under sections 29AA and 54AA.

For exploration licences, applicants must obtain Northern Territory Mining Minister consent under section 41(1), submit proposals under section 41(6), and negotiate with the Land Council within 180 days or agreed longer period after any national interest Proclamation under section 43(5), with Land Council convening meetings and allowing applicant and Minister representatives to attend under sections 43(3) and 43(4). Where no agreement, refer to Mining Commissioner for conciliation then arbitration under section 44(4) to 44(7), with Commissioner considering effects on traditional owners' lifestyle, culture, proposals, development structures, access, minimisation capacity and industry practices under section 44(8). Agreements or determinations must include compensation for damage or disturbance, including mineral value and land deprivation under section 44A(1) to 44A(1A), but not as consideration for consent under section 44A(1B).

For township leases, Land Trusts obtain Minister consent and Land Council direction after satisfying consultation and reasonableness requirements under section 19A(2), with terms between 40 and 99 years under section 19A(4), no payments to third parties under section 19A(6), and preservation of prior interests under section 19A(10). Approved entities prepare expenditure estimates under section 19B(1) and adhere to them under section 19B(3) to 19B(5). Northern Territory Aboriginal Investment Corporation must consult Aboriginal people and organisations when developing strategic investment plans under section 65C, submit estimates for approval under sections 65D and 65DA, and ensure investments do not exceed $100 million or higher rule amount without Minister agreement under section 65BH. Mining Commissioners for exploration matters require at least three qualified names submitted to parties under section 48F(3) and assistance from two appointed persons under section 48F(5) and 48F(6). Proclamations under sections 40(b) or 48C must be laid before Parliament, with disapproval possible within 15 sitting days under section 48G. For Schedule land descriptions, verify boundaries by straight-line loxodromes between GDA94 coordinate points and follow low-water mark segments where specified.