Aboriginal Land Rights Act 1976
Encyclopedia
In Australian history, the Aboriginal Land Rights (Northern Territory) Act established the basis upon which Aboriginal people in the Northern Territory
could claim rights to land based on traditional occupation. The Act was strongly based on the recommendations of Justice Woodward, who chaired the Aboriginal Land Rights Commission ('The Woodward Royal Commission
'). The Whitlam government first introduced a Bill to Parliament; however, this lapsed upon the dismissal of the government in 1975. The conservative government, led by Malcolm Fraser
, reintroduced a Bill, though not of the same content, and this was signed by the Governor-General of Australia
on 16 December 1976.
The Act, the first of the Aboriginal Land Rights Acts
, and was significant in that it allowed a claim of title if claimants could provide evidence of their traditional association with land.
There are four land councils established under the Act:
In August 2006, the Federal Government amended the Act. The "Aboriginal Land Rights (Northern Territory) Amendment Bill 2006" added several clauses which intend to promote economic development in remote townships. Amongst these, low interest loans were subsidised to promote private home ownership. The Amendment does away with communal ownership of certain parcels of lands previously vested as parts of inalienable Aboriginal Land Trusts.
The Amendment also prescribed for the 'fast-tracking' of mining negotiations between corporations and Indigenous communities, minimising the role of the large land councils on behalf of land owning groups.
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
could claim rights to land based on traditional occupation. The Act was strongly based on the recommendations of Justice Woodward, who chaired the Aboriginal Land Rights Commission ('The Woodward Royal Commission
The Woodward Royal Commission
The full name of the Woodward Royal Commission is the Aboriginal Land Rights Commission.-History:In 1972 Gough Whitlam promised in his election campaign to investigate Aboriginal Land Rights in the Northern Territory of Australia....
'). The Whitlam government first introduced a Bill to Parliament; however, this lapsed upon the dismissal of the government in 1975. The conservative government, led by Malcolm Fraser
Malcolm Fraser
John Malcolm Fraser AC, CH, GCL, PC is a former Australian Liberal Party politician who was the 22nd Prime Minister of Australia. He came to power in the 1975 election following the dismissal of the Whitlam Labor government, in which he played a key role...
, reintroduced a Bill, though not of the same content, and this was signed by the Governor-General of Australia
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
on 16 December 1976.
The Act, the first of the Aboriginal Land Rights Acts
Aboriginal Land Rights Acts
Commonwealth, State, and Territory Parliaments of Australia have passed legislation codifying and modifying native title under the common law. These include the Aboriginal Land Rights Act 1976 and the Native Title Act 1993.-1966 Aboriginal Lands Trust Act:...
, and was significant in that it allowed a claim of title if claimants could provide evidence of their traditional association with land.
There are four land councils established under the Act:
- Central Land CouncilCentral Land CouncilThe Central Land Council is an Indigenous Land Council that represents the indigenous people of the southern half of the Northern Territory of Australia, predominantly in land issues...
is in the southern half of the Northern TerritoryNorthern TerritoryThe Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions... - Northern Land CouncilNorthern Land CouncilThe Northern Land Council is in the Top End of the Northern Territory of Australia. It has its origins in the struggle of Australian Aboriginal people for rights to fair wages and land. This included the strike and walk off by the Gurindji people at Wave Hill, cattle station in 1966. The head...
covering the Top EndTop EndThe Top End of northern Australia is the second northernmost point on the continent. It covers a rather vaguely-defined area of perhaps 400,000 square kilometres behind the northern coast from the Northern Territory capital of Darwin across to Arnhem Land with the Indian Ocean on the west, the... - Tiwi Land CouncilTiwi Land CouncilThe Tiwi Land Council was established following requests by the Tiwi people for recognition of their distinct geographic and cultural identity. These representations were a consequence of the which came into operation on 26 January 1977....
covering Bathurst and Melville IslandMelville Island, Northern TerritoryMelville Island or Yermalner Island lies in the eastern Timor Sea, off the coast of the Northern Territory of Australia. It is west of the Cobourg Peninsula in Arnhem Land and north of Darwin....
s north of DarwinDarwin, Northern TerritoryDarwin is the capital city of the Northern Territory, Australia. Situated on the Timor Sea, Darwin has a population of 127,500, making it by far the largest and most populated city in the sparsely populated Northern Territory, but the least populous of all Australia's capital cities... - Anindilyakawa Land Council covering Groote EylandtGroote EylandtGroote Eylandt is the largest island in the Gulf of Carpentaria in northeastern Australia. It is the homeland of, and is owned by, the Anindilyakwa people who speak the isolated Anindilyakwa language)....
in the Gulf of CarpentariaGulf of CarpentariaThe Gulf of Carpentaria is a large, shallow sea enclosed on three sides by northern Australia and bounded on the north by the Arafura Sea...
.
In August 2006, the Federal Government amended the Act. The "Aboriginal Land Rights (Northern Territory) Amendment Bill 2006" added several clauses which intend to promote economic development in remote townships. Amongst these, low interest loans were subsidised to promote private home ownership. The Amendment does away with communal ownership of certain parcels of lands previously vested as parts of inalienable Aboriginal Land Trusts.
The Amendment also prescribed for the 'fast-tracking' of mining negotiations between corporations and Indigenous communities, minimising the role of the large land councils on behalf of land owning groups.
External links
- Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) background
- ActNow summary of the 2006 Amendment - Further details of the 2006 Amendment