Land rights australian institute of aboriginal and. The purpose of this advice is to clarify what evidence the clean energy regulator will accept as establishing an applicants legal right to undertake a proposed emissions reduction fund emissions avoidance project in the northern territory on land subject to the aboriginal land rights northern territory act 1976 the alr act. This document presents an overview of aboriginal land rights in australia in a chronological order, broken up into significant events such as the bark petition and the strike at wave hill, and separate statespecific discussions. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. Limmen bight land claim applied anthropology documentation project john toohey on. Aboriginal land rights in australia simple english. The act was an initiative of the whitlam labor government which was. Legal right to carry out projects on aboriginal land in. The aboriginal land rights act central land council. This is a compilation of the aboriginal land rights northern territory act 1976 that shows the text of the law as amended and in force on 4 april 2019 the compilation date. Aboriginallandnativetitleandheritage ntlawhbk austlii. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled. The history of aboriginal land rights in australia 1800s.
Key features were that aboriginal land was to be inalienable, meaning that it could not be traded. The land council agrees that the land shall be used for the sole purposes hereinafter referred to as the designated use of. Aboriginal land rights northern territory act 1976 cth significance. A sunset clause was introduced, which meant no further claims could be lodged under the act after 1997. Division 3 178181 repealed division 3a disciplinary action 181a interpretation 181b grounds for. Aboriginal rights commonwealth government records about.
The aboriginal land rights act 1976 created the position of the aboriginal land commissioner who was empowered to investigate and report on aboriginal claims to unalienated crown land in the northern territory, and to recommend the granting of legal title to aboriginal land trusts for the benefit of traditional owners in the ensuing years a. The aboriginal land rights northern territory act of 1976 alra was the result of woodwards reports. Aboriginal land rights northern territory act 1976 hereinafter referred to as the land rights act. Under the act, more than 50% of the northern territory was returned to traditional aboriginal owners in the following 30 years the nt land rights act gives aboriginal people a strong say over what should happen on their land. Aboriginal land rights amendment local aboriginal land. Aboriginal land rights northern territory act 1976 borroloola land claim report to the minister for aboriginal affairs and to the minister for the northern territory this is the first report on an application made to the aboriginal land commissioner under the aboriginal land rights northern territory act 1976. The act was strongly based on the recommendations of justice woodward, who chaired the aboriginal land rights commission also known as the woodward royal. Other articles where aboriginal land rights act is discussed. Aboriginal land rights amendment local aboriginal land councils act 2017 no 1 nsw the legislature of new south wales enacts. Some state governments followed the lead of the australian government and introduced their own land rights legislation. The government of malcolm fraser supported the issue and in may 1976 ian viner, minister for aboriginal affairs, sent a submission to cabinet recommending the implementation of land rights legislation. Aboriginal association representing the community pastoral land act 1992 to provide land title for.
Northern territory in 1973 which led to the aboriginal land rights northern territory act 1976. About this compilation this compilation this is a compilation of the aboriginal land rights northern territory act 1976 that shows the text of the law as amended and in force on 4 april 2019 the compilation date. Aboriginal land rights act northern territory1976, australian court case, high court judgement, high court of australia, mabo judgement, mason v tritton, 1994, native title, native title act 1993, northern territory, r v murrell 1836, supreme court of nsw, supreme court of the northern territory, terra nullius, united states of america, walker v nsw 1994, yanner. It includes a fictional story, quizzes, crosswords. The alra resulted from australias first native title case, the 1971 gove land rights case, which challenged a bauxite mine and refinery in northeast arnhem land milirrpum v nabalco pty ltd 197273 alr 65. Maboaboriginal land rights act northern territory1976. The aboriginal land rights act northern territory nitv. The aboriginal land rights act the aboriginal land rights northern territory act 1976 alra was the first attempt by an australian government to legally recognise the aboriginal system of land ownership. Indigenous people at noonkanbah protest against an. The landmark indigenous land rights legislation in australia, the aboriginal land rights northern territory act 1976 cth applies to the northern territory, but is listed in the commonwealth jurisdiction above because it is a federal act.
Implications of land rights reform for indigenous health. Aboriginal land rights legislation in australia wikipedia. Abbreviations and acronyms abc aboriginal councils and. Aboriginal land rights northern territory act 1976. Pat oshane becomes the first indigenous law graduate and barrister. In 1967 the general electorate overwhelmingly supported a constitutional amendment to increase commonwealth powers in aboriginal matters. This act recognises our rights to land and sets up processes to win back our land through land councils, and manage its resources. On 19 august 1977 the central land council lodged an application under the aboriginal land rights northern territory act 1976 on behalf of a number of aboriginals claiming to have a traditional land claim to an area of unalienated crown land east of the stuart highway and roughly halfway between alice springs and tennant creek. This act may be cited as the aboriginal land rights northern territory act 1976. Aboriginal land rights act 1983 no 42 nsw current version for 1 december 2018 to date accessed 29 june 2019 at 01. Hawke governments amendments to the northern territory land rights act 1976, which in effect enabled the government to allow mining on aboriginalowned land.
Aboriginal land rights act australia 1976 britannica. The aboriginal land rights northern territory act 1976 has resulted in almost 50 per cent of northern territory land being returned to aboriginal peoples. The land council has entered into a contract to acquire the land hereinafter referred to as the contract. The aboriginal land rights northern territory act 1976 provides the basis upon which aboriginal people in the northern territory can claim rights to land based on traditional occupation. This royal commission said that the government should recognise aboringal land rights, and gave advice for passing laws on it. Alra aboriginal land rights northern territory act 1976 cth alswa aboriginal legal service of western australia inc anu the australian national university arc australian research council atsi aboriginal and torres strait islander atsic.
Importantly, the act is the first attempt by an australian government to legally recognise the aboriginal system of land ownership and put into law the concept of inalienable freehold title. The nt land rights actland rights bill was introduced on 16 october 1975 and became law in 1976. And aboriginal people in the nt lost the right to veto mining on their country if theyd previously said yes to exploration. Aboriginal land rights act 1983 no 42 contents page historical version for 1. The main purpose of the land rights act was to allow for grants of land to aboriginal people. The aboriginal land rights act nt can be updated or changed by the australian government and it. Ten years later the first aboriginal land rights act secured aboriginal peoples rights to land. This act may be cited as the aboriginal land rights act 1983.
This document, signed by the governorgeneral on 16 december 1976, established the basis upon which aboriginal people in the northern territory could, for the first time, claim rights to land based on traditional occupation. Comparison of land rights and native title land rights native title history woodward commission 1974 whitlamfraser 1976 gove land rights case 1972 mabo high court 1992 law aboriginal land rights northern territory act 1976 cth native title act 1993 cth how fight land claim land commissioner native title claim federal court. Aboriginal land rights in the northern territory volume 1 is the first in a series of two works by graeme neate which examine the content and oper ation of the controversial aboriginal land rights northern territory act 1976 cth as at the end of 1986. As a result of the findings of the woodward aboriginal land rights commission, a royal commission, the fraser government enacted the aboriginal land rights act in 1976, after its drafting by the whitlam labor government in 1975 four land councils were established under this law. In the early 1970s, the woodward commission led ultimately to the passage of the land rights act in 1976. Nsw legislation aboriginal land rights act 1983 no 42. Get key foundational knowledge about aboriginal culture in a fun and engaging way. Aboriginal land rights northern territory bill 1976 the defence force ombudsman, mr david hay, has been asked to analyse the written representations received by the government on the aboriginal land rights northern territory bill 1976, which was presented to the parliament on 4 june 1976. Aboriginal land rights law in the northern territory.
In addition, a new aboriginal land rights regulation 2002 has been drafted, which will repeal and remake the existing aboriginal land rights regulation 1996. In 1973, an aboriginal land rights commission was created in the northern territory. The aboriginal land rights northern territory act 1976 was the first attempt by an australian government to legally recognise the aboriginal system. In 1987, the aboriginal land rights northern territory act 1976 was amended in a couple of ways. The aboriginal land rights movement started in 1966 with a demand for better wages. Aboriginal land rightsnorthern territory act 1976 land. It established the basis upon which aboriginal people in the northern territory could. Northern territory nt land rights act 1976 creative. An act providing for the granting of traditional aboriginal land in the northern territory for the benefit of aboriginals, and for other purposes. The aboriginal land rights amendment act 2001 was passed by the nsw parliament in 2001 and will come into affect by the end of august 2002.