FACT SHEET 13

Statehood and the Aboriginal Land Rights (Northern Territory) Act 1976

The Aboriginal Land Rights (Northern Territory) Act is a law of the Commonwealth Parliament. The Northern Territory Parliament cannot change the Land Rights Act.

In October 2005 the Commonwealth proposed changes to the Act to provide for a Northern Territory based Authority to approve long term leases of land for the purposes of developing commercial and residential interests in towns and creating new towns on Aboriginal land with the permission of traditional owners.

The changes are relevant to Statehood because changes to the way land in the Northern Territory is administered under this Act is the responsibility of the Commonwealth. Legislation is debated and passed by a parliament with just two Territory representatives in each house, two out of 150 in the House of Representatives and two of 76 in the Senate.

Administration of the Land Rights Act by Canberra has previously been supported by many traditional owners; with changes in the political landscape is this still the case in 2005? The following information provides some background to the Act.

The Act came about as a response to a Commission of Inquiry by Justice Woodward completed in 1974 to examine appropriate ways to recognise Aboriginal land rights in the Northern Territory.
In his report Justice Woodward found that land was an essential part of peoples’ economic wealth and their identity.
As a result, the Land Rights Act says that decisions about mining and other development on Aboriginal land must be made by the traditional Aboriginal owners.
The Land Rights Act also establishes the land councils in the Northern Territory and provides for the management of Aboriginal land.

The functions of a Land Council are:
1. To find out and express the wishes and the opinions of Aboriginals living in their area about the management of Aboriginal land and;
2. To protect the interests of traditional Aboriginal owners, and other Aboriginals interested in Aboriginal land in the area and to assist in the protection of sacred sites on land (whether or not Aboriginal land) in the area.
The Act also outlined a process for land claims and provides for the Aboriginal Benefits Account which funds the four Northern Territory Land Councils for operations and to support Aboriginals in areas affected by mining.
The Future of the Land Rights Act as either a Commonwealth or a Northern Territory Act is an important Statehood issue.