NORTHERN TERRITORY OF AUSTRALIA
KENBI LAND TRUST ACT 2011
As in force at 30 November 2023
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Act binds Crown .............................................................................. 2
5 Relationship with other laws ............................................................ 2
Part 2 Kenbi Land Trust
6 Establishment .................................................................................. 2
7 Common seal of Trust ..................................................................... 3
8 Functions ......................................................................................... 3
9 Membership ..................................................................................... 3
Part 3 Grant of prescribed land
10 Grant of Kenbi freehold title ............................................................. 4
11 Conditions for granting Kenbi freehold title ...................................... 4
12 Exercise of power not impeachable for informality or
irregularity ........................................................................................ 5
Part 4 Dealings by Trust in relation to prescribed
land
13 Dealings with, or disposal of, land by the Trust ............................... 5
14 Traditional rights to use or occupation of prescribed land ............... 6
Part 5 Other matters
15 Non-extinguishment principle under NTA ........................................ 6
16 Involvement of NLC ......................................................................... 6
17 Regulations...................................................................................... 6
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 30 November 2023
KENBI LAND TRUST ACT 2011
An Act to establish the Kenbi Land Trust, and for related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Kenbi Land Trust Act 2011.
2 Commencement
This Act commences on the day fixed by the Administrator by
Gazette notice.
3 Definitions
In this Act:
Aboriginal, see section 3(1) of ALRA.
Aboriginal tradition, see section 3(1) of ALRA.
ALRA means the Aboriginal Land Rights (Northern Territory)
Act 1976 (Cth).
Kenbi freehold title means an estate in fee simple vested in the
Trust, that is subject to this Act.
NLC means the Land Council established under section 21 of
ALRA by the name of the Northern Land Council.
NLC area means the area for which the NLC is established under
ALRA.
NLC direction means a written direction by the NLC that is given to
the Trust.
NTA means the Native Title Act 1993 (Cth).
Part 3 Minister means the Minister responsible for administering
Part 2 Kenbi Land Trust
Kenbi Land Trust Act 2011 2
Part 3 of the Crown Lands Act.
prescribed land means land that is:
(a) within the area of land the subject of the recommendation for
grant to a land trust in paragraph 14.3 of the Report and
recommendation of the former Aboriginal Land Commissioner,
Justice Gray, to the Minister of Aboriginal and Torres Strait
Islander Affairs and to the Administrator of the Northern
Territory, in relation to the Kenbi (Cox Peninsula) land claim,
dated 12 December 2000; and
(b) prescribed by regulation for this definition.
Note
See section 13(8) for what happens if Kenbi freehold title to prescribed land is
surrendered to the Territory.
traditional Aboriginal owners, in relation to land, has the same
meaning as in section 3(1) of ALRA, and includes the traditional
Aboriginal owners of part of the land.
Trust means the Kenbi Land Trust established under section 6.
Trust member means a person holding office as the chairperson or
a member of the Trust under an appointment under section 9(1).
4 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
5 Relationship with other laws
(1) This Act applies despite any other law of the Territory.
(2) This Act must be read and construed in a manner consistent with
the NTA and ALRA.
Part 2 Kenbi Land Trust
6 Establishment
(1) The Kenbi Land Trust is established to hold title to the prescribed
land vested in it under this Act for the benefit of Aboriginals entitled
by Aboriginal tradition to the use or occupation of the prescribed
land, whether or not the traditional entitlement is qualified as to
place, time, circumstance, purpose or permission.
Part 2 Kenbi Land Trust
Kenbi Land Trust Act 2011 3
(2) The Trust:
(a) is a body corporate with perpetual succession; and
(b) must have a common seal; and
(c) is capable, in its corporate name, of suing and being sued.
7 Common seal of Trust
(1) The Trust must make arrangements with the NLC for the common
seal to be kept by a staff member of the NLC authorised, in writing,
by the NLC for that purpose.
(2) The common seal may only be affixed to a document with the
written authority of at least 3 Trust members.
(3) All courts, judges and persons acting judicially must take judicial
notice of the common seal and must presume it was duly affixed.
8 Functions
(1) The following are the functions of the Trust:
(a) to hold title to the prescribed land vested in it under this Act;
(b) to exercise its powers as owner of that prescribed land for the
benefit of Aboriginals as mentioned in section 6(1).
(2) The Trust:
(a) must not perform its functions in relation to the prescribed land
except in accordance with an NLC direction; and
(b) if such an NLC direction is given – must perform its functions
in accordance with the direction.
(3) It is not a function of the Trust to accept moneys owing to it or to
give a valid discharge for such moneys, but such moneys may be
paid to the NLC and the NLC must, within 6 months after its receipt,
pay an amount equal to the moneys to or for the benefit of the
traditional Aboriginal owners of the prescribed land.
9 Membership
(1) The Trust consists of a chairperson and at least 3 other members
appointed in writing by the NLC from Aboriginals as mentioned in
section 6(1).
(2) A Trust member is to be appointed for 5 years but is eligible for
reappointment.
Part 3 Grant of prescribed land
Kenbi Land Trust Act 2011 4
(3) The performance of the Trust's functions is not affected merely
because of one or more vacancies in the Trust membership.
Part 3 Grant of prescribed land
10 Grant of Kenbi freehold title
(1) The Part 3 Minister is authorised:
(a) to grant to the Trust, under sections 9(1) and 10(1) and (2) of
the Crown Lands Act as applied by subsection (2), Kenbi
freehold title to the prescribed land; and
(b) to do any other thing necessary or convenient to enable that
grant.
(2) Sections 9(1) and 10(1) and (2) of the Crown Lands Act apply in
relation to the grant of Kenbi freehold title for the prescribed land as
if:
(a) a reference to an estate in fee simple were a reference to
Kenbi freehold title; and
(b) a reference to a person who has a right to be granted an
estate in fee simple were a reference to the Trust.
(3) However, this section does not require compliance with any other
provision of the Crown Lands Act before Kenbi freehold title to the
prescribed land is granted to the Trust.
11 Conditions for granting Kenbi freehold title
(1) The Part 3 Minister is authorised to grant Kenbi freehold title as
mentioned in section 10(1)(a) only if both of the following conditions
are complied with:
(a) for any application of the type mentioned in section 50(1)(a) of
ALRA relating to the prescribed land – the applicants have
withdrawn the application;
(b) an indigenous land use agreement has been executed in
relation to all of the prescribed land.
(2) In this section:
indigenous land use agreement has the same meaning as in the
NTA.
Note
Part 4 Dealings by Trust in relation to prescribed land
Kenbi Land Trust Act 2011 5
Section 253 of the NTA states that indigenous land use agreement has the
meaning given by sections 24BA, 24CA and 24DA of that Act.
12 Exercise of power not impeachable for informality or
irregularity
The exercise of power under section 10 by the Part 3 Minister is not
to be impeached because of an informality or irregularity in the
compliance with either conditions mentioned in section 11 except
on the ground the exercise of the power was not in good faith.
Part 4 Dealings by Trust in relation to prescribed land
13 Dealings with, or disposal of, land by the Trust
(1) The Trust must not deal with or dispose of, or agree to deal with or
dispose of, all or a part of any estate or interest in the prescribed
land except as provided by this section and in accordance with an
NLC direction.
(2) In relation to any such estate or interest, the Trust may:
(a) grant an estate, interest or licence to any person for any
purpose; or
(b) surrender an estate to the Territory.
(3) The principles underlying the giving of an NLC direction as
mentioned in subsection (1) are as follows:
(a) the traditional Aboriginal owners of the prescribed land must
understand the nature and purpose of the proposed dealing or
disposal and, as a group, consent to it;
(b) any Aboriginal community or group that may be affected by
the proposed dealing or disposal must be consulted and have
had adequate opportunity to express its view to the NLC;
(c) for a grant of an estate or interest – the terms and conditions
on which the grant is to be made must be reasonable.
(4) A failure relating to the underlying principles mentioned in
subsection (3) does not invalidate the grant or surrender under the
NLC direction unless the person to whom the grant or surrender
was made procured the direction by fraud.
(5) If a grant of an estate or interest is invalidated under subsection (4),
that invalidity does not affect the rights of a person who has, for
value and without notice of the fraud, been granted an estate or
interest dependent upon that estate or interest.
Part 5 Other matters
Kenbi Land Trust Act 2011 6
(6) The Trust may not grant fee simple or mortgage fee simple for all or
part of the prescribed land.
(7) If the Trust has granted a lease of any part of the fee simple, this
section does not limit the lessee's right to deal with his or her
interest under that lease, including by mortgaging the lease.
(8) If Kenbi freehold title to prescribed land is surrendered to the
Territory, the land so surrendered is no longer prescribed land for
this Act and no longer vested in the Trust.
14 Traditional rights to use or occupation of prescribed land
(1) An Aboriginal or group of Aboriginals is entitled to enter prescribed
land and use or occupy it to the extent the entry, occupation or use
is in accordance with Aboriginal tradition governing the rights of the
Aboriginal or group with respect to the prescribed land, whether or
not those rights are qualified as to place, time, circumstances,
purpose, permission or any other factor.
(2) However, subsection (1) does not authorise an entry, use or
occupation that would interfere with the use or enjoyment of an
estate or interest in the land held by a person other than the Trust.
Part 5 Other matters
15 Non-extinguishment principle under NTA
(1) The non-extinguishment principle applies to any act involved in the
grant, under section 10, of Kenbi freehold title to the prescribed
land.
(2) In this section:
non-extinguishment principle, see section 238 of the NTA.
16 Involvement of NLC
The NLC may do all things necessary or convenient for performing
its functions under this Act.
17 Regulations
(1) The Administrator may make regulations under this Act.
Part 5 Other matters
Kenbi Land Trust Act 2011 7
(2) The Regulations may provide for the following:
(a) a matter relating to the Trust's membership, including, for
example, termination of appointment or resignation of a Trust
member;
(b) a matter relating to the Trust's administration and procedures.
ENDNOTES
Kenbi Land Trust Act 2011 8
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Kenbi Land Trust Act 2011 (Act No. 42, 2011)
Assent date 21 December 2011
Commenced 30 November 2023 (Gaz S80, 30 November 2023)