NORTHERN TERRITORY OF AUSTRALIA ABORIGINAL LAND ACT As in force at 17 March 2004 TABLE OF PROVISIONS Section PART I - PRELIMINARY 1. Short title 2. Commencement 3. Definitions 3A. Status of roads PART II - ENTRY ONTO ABORIGINAL LAND 4. Entry onto, &c., Aboriginal land or road 5. Issue of permits 5A. Administrator may issue permits to use roads in certain circumstances 6. Minister may issue permits to certain government employees 6A. Permit to include immediate family 7. Members of Parliament, &c., may enter, &c., Aboriginal land 8. Entry of dwellings 9. Defence in certain circumstances 10. Estates or interests on Aboriginal land protected 11. Open areas PART III - CONTROL OF ENTRY ONTO SEAS ADJOINING ABORIGINAL LAND 12. Administrator may close seas 13. Administrator may re-open closed seas 14. Entry onto, &c., closed seas 15. Issue of permits 16. The Minister may issue permits to government employees on certain conditions 17. Members of Parliament, &c., may enter, &c., closed seas 18. Permit to be granted to protect existing rights 19. Defence in certain circumstances 20. Seas open to transit vessels PART IV - GENERAL 21. No prosecution except on authority of Land Council 22. Vehicles, &c., may be stopped and questions asked 23. Offence to refuse to produce permit, &c. Notes Table of Amendments NORTHERN TERRITORY OF AUSTRALIA ____________________ This reprint shows the Act as in force at 17 March 2004. Any amendments that may come into operation after that date are not included. ____________________ ABORIGINAL LAND ACT An Act to provide for access to Aboriginal land, certain roads bordered by Aboriginal land and the seas adjacent to Aboriginal land PART 1 - PRELIMINARY 1. Short title This Act may be cited as the Aboriginal Land Act. (See back note 1) 2. Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. (See back note 1) 3. Definitions In this Act, unless the contrary intention appears - "Aboriginal" means a person who is a member of the Aboriginal race of Australia; "Aboriginal land" has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth; "Aboriginal tradition" has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth; "Aboriginal Land Commissioner" means the Aboriginal Land Commissioner established by the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth; "Act" includes an Act of the Commonwealth; "closed seas" means seas closed by notice published in the Gazette under section 12; "Land Council" means an Aboriginal Land Council established by or under the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth; "Land Trust" means an Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth; "road" means that part of the land within the boundaries of Aboriginal land described in Schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth, the title to which has been granted under section 12 of that Act to a Land Trust, in respect of which - (a) in pursuance of section 12AA(1) of that Act, agreement has been reached between a Land Council and the Territory; or (b) in pursuance of section 12AB(1) of that Act, a declaration has been made by the Supreme Court, that the part of the land is - (c) land on which there was, at the time of commencement of section 3 of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth a road over which the public had, at that time, a right of way; or (d) land on which there was, at the time of the execution of the deed of grant issued under section 12 of that Act, a road over which the public had, at that time, a right of way; "traditional Aboriginal owners" has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth. 3A. Status of roads Nothing in this Act shall be construed as affecting the status of any road (including a road not falling within the definition of "road" in section 3). PART II - ENTRY ONTO ABORIGINAL LAND 4. Entry onto, &c., Aboriginal land or road (1) Subject to this Part and to any provision to the contrary in a law of the Territory, a person shall not enter onto or remain on Aboriginal land or use a road unless he has been issued with a permit to do so in accordance with this Part. Penalty: $1,000. (1A) Nothing in subsection (1) shall prevent a person who is entitled or permitted under this Part to enter onto or remain on Aboriginal land from using a road that is bordered by that Aboriginal land. (2) An Aboriginal who is entitled by Aboriginal tradition to enter onto an area of Aboriginal land may enter onto that area of Aboriginal land. (3) An Aboriginal who is entitled by Aboriginal tradition to remain on an area of Aboriginal land may remain on that area of Aboriginal land. 5. Issue of permits (1) The Land Council for the area in which Aboriginal land or a road is situated may issue a permit to a person to enter onto and remain on that Aboriginal land or use that road subject to such conditions as the Land Council thinks fit. (2) The traditional Aboriginal owners of an area of Aboriginal land may issue a permit to a person to enter onto and remain on that Aboriginal land, or use a road that is bordered by that Aboriginal land, subject to such conditions as the traditional Aboriginal owners think fit. (3) A permit to enter onto and remain on Aboriginal land or use a road shall be in writing. (4) A Land Council, or the traditional Aboriginal owners, may delegate all or part of its or their authority to issue permits under this section and such delegation may be made upon such conditions as the Land Council, or the traditional Aboriginal owners, as the case may be, think fit. (5) A Land Council may revoke a permit issued by it, under its authority, by the traditional Aboriginal owners or under the authority of the traditional Aboriginal owners over Aboriginal land or a road which is within the area for which it is established. (6) The traditional Aboriginal owners of an area of Aboriginal land may revoke a permit issued by them, under their authority, by a Land Council or under the authority of a Land Council, where the permit relates to the area of Aboriginal land of which those Aboriginals are traditional Aboriginal owners, or a road that is bordered by that Aboriginal land. (7) A Land Council shall, before commencing to issue permits for an area of Aboriginal land or a road, consult with and come to an agreement with the traditional Aboriginal owners of the area, or the area that borders the road, as to the terms and conditions upon which the Land Council may issue permits or delegate its authority to issue permits. (8) Notwithstanding the provisions of section 4, the Aboriginal Land Council for the area in which an area of Aboriginal land is situated or the traditional Aboriginal owners of an area of Aboriginal land may, by notice published in a newspaper or broadcast over a radio station, waive the requirement for a permit to enter the Aboriginal land or use a road bordered by that Aboriginal land specified by the Land Council or the traditional Aboriginal owners in the notice for the period or periods specified in that notice and the requirements of section 4 shall not apply over that area, or in respect of that road, for that period or those periods. 5A. Administrator may issue permits to use roads in certain circumstances Where a person has applied to a Land Council or traditional Aboriginal owners for a permit to use a road in respect of which, under this Part, that Council or those owners have the authority to issue a permit, and that Land Council or those traditional Aboriginal owners, as the case may be, have refused to issue the permit sought or have not, within a reasonable time, so issued the permit, the person may apply to the Administrator who may issue the permit to use the road subject to the conditions set out in the permit. 6. Minister may issue permits to certain government employees (1) Where a person who is employed under or by virtue of an Act or as a member of the personal staff of a Minister, the Leader of the Opposition or the Deputy Leader of the Opposition, has a need, in the performance of his duties, to enter upon and remain on Aboriginal land or to use a road, the Minister may issue a permit which will, subject to any law in force in the Territory, authorize the person to whom it is issued to enter and remain on Aboriginal land or to use a road subject to the conditions set out in the permit. (2) A permit issued under subsection (1) - (a) shall be in writing and shall contain the name, the signature and an identification photograph of the person to whom the permit is issued; (b) shall specify the area of Aboriginal land or the road that the person to whom the permit is issued is permitted to enter and remain on or use; (c) shall specify that the permit is issued to allow the person to whom it is issued to enter and remain on Aboriginal land or use the road in the course of his duty only; and (d) may contain conditions and restrictions subject to which the permit is issued. (3) A permit issued under subsection (1) may be revoked by the Minister upon the request of the relevant Land Council. 6A. Permit to include immediate family A permit issued under section 6 to a person who is required, in the normal performance of his duties, to reside on Aboriginal land or use a road shall, unless expressed to the contrary, be deemed to be a permit issued in respect of the person and any of the following persons if they are living with the person: (a) any spouse or de facto partner of the person; (b) any infants. 7. Members of Parliament, &c., may enter, &c., Aboriginal land * * * * (a) the Administrator, or an Acting Administrator, acting in the course of his duty; (b) a member of the Legislative Assembly engaged on the business of the Assembly; (c) a member of either House of the Commonwealth Parliament engaged on the business of the Parliament; (d) a candidate for election as a Senator for the Northern Territory or as a member of the House of Representatives for a Northern Territory electorate; and (e) a candidate for election as a member of the Legislative Assembly for the purposes of conducting his campaign, may enter and remain on Aboriginal land. 8. Entry of dwellings (1) Nothing contained in this Part authorizes the entry of a person to a dwelling without the permission of the owner or the occupant. (2) For the purposes of this section "dwelling" includes the living area of a camp occupied by or belonging to an Aboriginal. 9. Defence in certain circumstances It shall be a defence to a charge under section 4(1) if the person charged proves that - (a) the entry onto Aboriginal land or use of the road was due to necessity, or beyond his control; (b) it was impractical, in the circumstances, to apply for a permit; and (c) he removed himself from the Aboriginal land or the road as soon as it was practicable in the circumstances. 10. Estates or interests on Aboriginal land protected Where a person other than a Land Trust has an estate or interest in an area of Aboriginal land, this Part shall not authorize an entry or remaining on that area of Aboriginal land of a person if his presence on that area of land would interfere with the use or enjoyment of that estate or interest by the owner of the estate or interest. 11. Open areas (1) The Administrator may, on the recommendation of a Land Council, declare by notice in the Gazette, an area of Aboriginal land or a road to be an open area or open road, as the case may be. (2) Where a declaration is made under subsection (1), a person may enter and remain on the area of Aboriginal land, or use the road, described in the notice without obtaining a permit. PART III - CONTROL OF ENTRY ONTO SEAS ADJOINING ABORIGINAL LAND 12. Administrator may close seas (1) The Administrator may, by notice in the Gazette, close the seas adjoining and within 2 kilometres of Aboriginal land to any persons or classes of person, or for any purpose other than to Aboriginals who are entitled by Aboriginal tradition to enter and use those seas and who enter and use those seas in accordance with Aboriginal tradition. (2) The notice in the Gazette referred to in subsection (1) shall specify - (a) the area closed by the notice by description of the boundaries and by a diagram showing the approximate position of the boundaries; (b) the persons or classes of persons to whom the area is closed; and (c) the purpose for which the area of the sea is closed. (3) The Administrator may, before deciding to close a part of the seas in accordance with this section, and in the event of the Administrator not being prepared to close an area of seas within 56 days of the matter being referred to him, the Administrator shall refer the matter of the closure to the Aboriginal Land Commissioner and request that the Aboriginal Land Commissioner inquire into and report on - (a) whether, in accordance with Aboriginal tradition, strangers were restricted in their right to enter those seas; (b) whether the use of those seas by strangers is interfering with or may interfere with the use of those seas in accordance with Aboriginal tradition by the Aboriginals who have traditionally used those seas; (c) whether the use of those seas by strangers is interfering with or may interfere with the use of the adjoining Aboriginal lands by the traditional Aboriginal owners; (d) whether any person would be disadvantaged if the seas were closed to him; (e) the commercial, environmental and recreational interests of the public; and (f) such other matters as the Aboriginal Land Commissioner considers relevant to the closure of those seas. (4) The Aboriginal Land Commissioner shall report to the Administrator. 13. Administrator may re-open closed seas (1) The Administrator may, by notice in the Gazette, revoke or vary a notice made under section 12 so as to open the whole or part of an area of closed seas. (2) Before a notice under subsection (1) is published the Administrator shall refer the matter of the revocation or variation of the previous notice to the Aboriginal Land Commissioner. (3) The Aboriginal Land Commissioner may, if he considers that the circumstances require, inquire into and report on the change in circumstances which would justify the revocation or variation of the previous notice. (4) The Aboriginal Land Commissioner shall, in deciding whether to conduct an inquiry under subsection (3), have regard to the consent or otherwise of the Land Council and the traditional Aboriginal owners of the land adjoining the seas affected by the intended notice. 14. Entry onto, &c., closed seas (1) Subject to this Part and to any provision to the contrary in a law of the Territory, a person shall not enter onto or remain on closed seas unless he has been issued with a permit to do so in accordance with this Part. Penalty: $1,000. (2) An Aboriginal who is entitled by Aboriginal tradition to enter and use the seas adjoining an area of Aboriginal land may enter and use the resources of the seas adjoining and within 2 kilometres of that area of Aboriginal land notwithstanding that a notice published under section 12 affects those seas. 15. Issue of permits (1) The Land Council for the area in which closed seas are situated may issue a permit to a person to enter onto and remain on those seas subject to such conditions as the Land Council thinks fit. (2) The traditional Aboriginal owners of an area of Aboriginal land adjoining closed seas may issue a permit to a person to enter onto and remain on that area of closed seas subject to such conditions as the traditional Aboriginal owners think fit. (3) A permit to enter onto and remain on closed seas shall be in writing. (4) A Land Council or the traditional Aboriginal owners may delegate all or part of its or their authority to issue permits under this section and such delegations may be made upon such conditions as the Land Council or the traditional Aboriginal owners, as the case may be, think fit. (5) A Land Council may revoke a permit issued by it, under its authority, by the traditional Aboriginal owners or under the authority of the traditional Aboriginal owners over seas closed by notice under section 12 which is within the area for which it is established. (6) The traditional Aboriginal owners of an area of Aboriginal land may revoke a permit issued by them under this section, under their authority, by a Land Council or under the authority of a Land Council, where the permit relates to an area of closed seas which is adjacent to Aboriginal land of which those Aboriginals are the traditional Aboriginal owners. (7) A Land Council shall, before commencing to issue permits for an area of Aboriginal land, consult with and come to an agreement with the traditional Aboriginal owners of the area as to the terms and conditions upon which the Land Council may issue permits or delegate its authority to issue permits. (8) Notwithstanding the provisions of section 14, the Aboriginal Land Council for the area in which an area of seas closed under section 12 is situated or the traditional Aboriginal owners of an area of adjacent Aboriginal land may, by notice published in a newspaper or broadcast over a radio station, waive the requirement for a permit to enter the closed seas specified by the Land Council or the traditional Aboriginal owners in the notice for the period or periods specified in that notice and the requirements of section 14 shall not apply over that area for that period or those periods. 16. The Minister may issue permits to government employees on certain conditions (1) Where a person who is employed under or by virtue of an Act or as a member of the personal staff of a Minister, the Leader of the Opposition or the Deputy Leader of the Opposition, has a need in the performance of his duties to enter upon and remain on closed seas, the Minister may issue a permit which will, subject to any law in force in the Territory, authorize the person to whom it is issued to enter and remain on closed seas subject to the conditions set out in the permit. (2) A permit issued under subsection (1) - (a) shall be in writing and shall contain the name, the signature and an identification photograph of the person to whom the permit is issued; (b) shall specify the area of closed seas that the person to whom the permit is issued is permitted to enter and remain on; (c) shall specify that the permit is issued to allow the person to whom it is issued to enter and remain on closed seas in the course of his duty only; and (d) may contain conditions and restrictions subject to which the permit is issued. (3) A permit issued under subsection (1) may be revoked by the Minister upon the request of the relevant Land Council. 17. Members of Parliament, &c., may enter, &c., closed seas * * * * (a) the Administrator or an Acting Administrator acting in the course of his duty; (b) a member of the Legislative Assembly engaged on the business of the Assembly; (c) a member of either House of the Commonwealth Parliament engaged on the business of the Parliament; (d) a candidate for election as a Senator for the Northern Territory or as a member of the House of Representatives for a Northern Territory electorate; or (e) a candidate for election as a member of the Legislative Assembly for the purposes of conducting his campaign, may enter and remain on closed seas. 18. Permit to be granted to protect existing rights (1) Subject to the Fisheries Act, the holder of a licence issued under the Fish and Fisheries Act (and kept in force under section 71 of the Fisheries Act), or the holder of a licence granted under the Fisheries Act, who held the licence before the publication of a notice under section 12, may, together with any persons who assist or work for the holder, enter and fish the area of closed seas referred to in that notice. (2) Before entering and fishing any closed seas under subsection (1) a person shall notify the Land Council for the area in which the closed seas are situated. 19. Defence in certain circumstances It shall be a defence to a charge under section 14(1) if the person charged proves that - (a) the entry onto closed seas was due to necessity, or beyond his control; (b) it was impractical, in the circumstances, to apply for a permit; and (c) he removed himself from the closed seas as soon as it was practicable in the circumstances. 20. Seas open to transit vessels Nothing in this Part shall prevent the bona fide transit of a vessel through seas which are otherwise open to that vessel. PART IV - GENERAL 21. No prosecution except on authority of Land Council (1) No complaint for an offence against section 4 or section 14 shall be heard unless the hearing of the complaint is supported by a notice in writing given by the Land Council established for the area in which the alleged offence took place. (2) A Land Council may authorize a person to sign a notice under subsection (1) and a statement by the person signing a notice under subsection (1) that he is so authorized shall be prima facie evidence of his authorization. 22. Vehicles, &c., may be stopped and questions asked (1) A member of the Police Force may require a person who is on or is about to enter Aboriginal land or open road or closed seas (other than an open area or enter or use a road declared under section 11) to - (a) produce to him a permit issued to the person under this Act; or (b) state his name and address, and for that purpose may stop a person or any motor vehicle, as defined in the Motor Vehicles Act, power cycle, push-bike, vessel or animal in or on which a person is riding. (2) A person who is called upon to do so by a member of the Police Force shall stop and cause any motor vehicle, power cycle, push-bike, vessel or animal in his control to stop. Penalty: $1,000. 23. Offence to refuse to produce permit, &c. A person required under section 22(1) to produce a permit or state his name and address who - (a) refuses or fails to produce a permit issued to him under this Act that is in his possession; or (b) refuses or fails to state his name and address, or states a false name or address, is guilty of an offence. Penalty: $1,000. ____________________________ Notes 1. The Aboriginal Land Act comprises Aboriginal Land Ordinance 1978 and amendments made by other legislation, the details of which are specified in the following table: Act Number and year Date of assent by Administrator Date of commencement Aboriginal Land Ordinance 1978 No. 106, 1978 9 Nov 1978 1 Feb 1979 (a) Statute Law Revision Act 1979 No. 98, 1979 10 Aug 1979 26 Oct 1979 (b) Aboriginal Land Act 1979 No. 138, 1979 16 Nov 1979 16 Nov 1979 Aboriginal Land Act (No. 2) 1979 No. 141, 1979 12 Dec 1979 25 Jan 1980 (c) Aboriginal Land Act 1980 No. 54, 1980 10 June 1980 6 Mar 1981 (d) Statute Law Revision Act 1980 No. 6, 1981 9 Jan 1981 9 Jan 1981 Statute Law Revision Act 1984 No. 28, 1984 20 July 1984 20 July 1984 Aboriginal Land Amendment Act 1988 No. 22, 1988 1 Sept 1988 1 Sept 1988 Statute Law Revision Act 1988 No. 66, 1988 22 Dec 1988 s. 7: 14 Dec 1988; Remainder: 22 Dec 1988 (e) Statute Law Revision Act 1990 No. 33, 1990 11 June 1990 11 June 1990 De Facto Relationships (Miscellaneous Amendments) Act 1991 No. 82, 1991 24 Dec 1991 1 Jan 1992 (f) Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 No. 1, 2004 7 Jan 2004 17 Mar 2004 (g) (a) See section 2 and Gazette G4, dated 26 January 1979, p. 18. (b) See section 2 and Gazette G43, dated 26 October 1979, p. 1. (c) See section 3, section 2 of the Fish and Fisheries Act 1979 and Gazette G4, dated 25 January 1980, p. 4. (d) See section 2 and Gazette G9, dated 6 March 1981, p. 1. (e) See section 7(2) and section 2 of the Fisheries Act 1988. (f) See section 2. (g) See section 2 and Gazette G11, dated 17 March 2004, p. 8. ____________________________ Table of Amendments Section Long title Amended by No. 54, 1980, s. 4; No. 6, 1981, s. 4 1. Amended by No. 6, 1981, s. 4 2. Amended by No. 6, 1981, s. 4 3. Amended by No. 98, 1979, s. 3; No. 54, 1980, s. 5; No. 6, 1981, s. 4 3A. Inserted by No. 54, 1980, s. 6 4. Amended by No. 54, 1980, s. 7; No. 6, 1981, s. 4; No. 22, 1988, s. 3 5. Amended by No. 54, 1980, s. 8 5A. Inserted by No. 54, 1980, s. 9 6. Amended by No. 98, 1979, s. 3; No. 138, 1979, s. 3; No. 54, 1980, s. 10 6A. Inserted by No. 138, 1979, s. 4; amended by No. 54, 1980, s. 11; No. 82, 1991, s. 3; No. 1, 2004, s. 62 7. Amended by No. 138, 1979, s. 5 9. Amended by No. 54, 1980, s. 12 11. Amended by No. 54, 1980, s. 13 12. Amended by No. 28, 1984, s. 3 14. Amended by No. 6, 1981, s. 4; No. 22, 1988, s. 4 16. Amended by No. 98, 1979, s. 3; No. 138, 1979, s. 6 17. Amended by No. 138, 1979, s. 7 18. Amended by No. 141, 1979, s. 4; No. 66, 1988, s. 7; No. 33, 1990, s.9 Heading Part IV Substituted by No. 138, 1979, s. 8 22. Inserted by No. 138, 1979, s. 9; amended by No. 54, 1980, s. 14 23. Inserted by No. 138, 1979, s. 9 ____________________________ __________________ ii Aboriginal Land Act 13