ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 3AA Approved entities
- 3AB Townships
- 3AC Jabiru town land
- 3A Crown land vested in Northern Territory
- 3B Act binds the Crown
- 3C Act has effect despite Lands Acquisition Act
- 3D Application of the Criminal Code
PART II--GRANTS--OF LAND TO ABORIGINAL LAND TRUSTS
- 4 Land Trusts
- 5 Functions of Land Trusts
- 5A Public Works Committee Act
- 6 Land Trust not empowered to accept moneys
- 7 Membership of Land Trust
- 8 Termination of appointment of members of Land Trusts
- 9 Resignation of member of Land Trust
- 10 Recommendations for grants of land described in Schedule 1
- 11 Recommendations for grants of Crown land other than Schedule 1 land and former public roads
- 11A Land Councils may enter into agreements concerning land under claim
- 11B Recommendations for grants of former public roads
- 12 Grants of land to Land Trusts
- 12AAA Additional grant to Tiwi Land Trust
- 12AAB Grant of land to Anindilyakwa Land Trust etc.
- 12AA Agreements with respect to roads on land described in Schedule 1
- 12AB Declaratory orders with respect to roads on land described in Schedule 1
- 12AC Effect of agreement or order
- 12AD Compensation for loss of licences etc.
- 12A Occupation of land by Director
- 12B Arbitration on agreement between Land Council and Director
- 12C Minister may grant lease in certain circumstances
- 12D Land subject of deed in escrow--Land Councils may enter into agreements
- 13 Land subject of deed in escrow--grants of interests by the Crown
- 14 Occupation etc. by the Crown etc. of Aboriginal land vested in Land Trust
- 15 Payments in respect of occupation of land by the Crown etc.
- 16 Payments to Land Council by the Crown in respect of interests in Aboriginal land
- 17 Appropriation etc. of payments to Land Council or approved entity
- 18 Occupation or use of Aboriginal land by mission
- 18A Occupation or use of land in Ranger Project Area
- 18B Occupation or use of land in Alligator Rivers Region, other than the Ranger Project Area
- 18C Section 18A or 18B not to authorise mining etc.
- 19 Dealings etc. with interests in land by Land Trusts
- 19A Land Trust may grant headlease over township
- 19B Expenditure of approved entities to be in accordance with approved estimates
- 19C Modification of certain NT laws for a township lease held by an approved entity
- 19D Modification of NT subdivision law for grant of a township lease to an approved entity
- 19E Modification of certain NT laws for a township lease held by an approved entity
- 20 Leases in compliance with obligations of the Commonwealth
- 20A Northern Territory transfer of land law to apply
PART IIA--EXECUTIVE--DIRECTOR OF TOWNSHIP LEASING
Division 1--Establishment of the Executive Director of Township Leasing
- 20B Executive Director of Township Leasing
Division 2--Functions of the Executive Director etc.
- 20C Functions of the Executive Director
- 20CA Executive Director to hold leases and subleases on behalf of the Commonwealth
- 20CB Transfer of subleases
Division 3--Administrative provisions about the Executive Director
- 20D Appointment of Executive Director
- 20E Appointment to be full - time or part - time
- 20F Terms and conditions--general
- 20G Remuneration and allowances
- 20H Restrictions on outside employment
- 20J Acting Executive Director
- 20K Leave of absence
- 20L Resignation
- 20M Termination of appointment
- 20N Disclosure of interests
Division 4--Staff and consultants
Division 5--Annual report
- 20R Annual report
Division 6--Effect on other laws in relation to certain leases or subleases held by Executive Director
- 20S Operation of Lands Acquisition Act
- 20SA Modification of certain NT laws in relation to leases or subleases held by Executive Director
- 20SB Modification of certain NT laws in relation to land the subject of leases or subleases held by Executive Director
PART III--ABORIGINAL--LAND COUNCILS
- 21 Establishment of Land Councils
- 21A Aboriginal group or body may seek establishment of new Land Council
- 21B Minister's assessment of application for establishment of new Land Council
- 21C Establishment of new Land Council if a 55% positive vote
- 21D Rules about Commonwealth Electoral Roll
- 21E Variation of boundaries
- 22 Land Council to be body corporate etc.
- 23 Functions of Land Council
- 23AA How functions of a Land Council are to be performed
- 23A Power of Land Council to obtain information and documents
- 23B Application to Supreme Court for order with respect to information or documents
- 23C A person authorised by Land Council to have access to buildings and places in Region
- 23D Application to Supreme Court for order with respect to access
- 23E Secrecy
- 24 Register of traditional Aboriginal owners
- 25 Duty of Land Council to attempt conciliation of disputes
- 26 Land Council to meet expenses etc. of Land Trust
- 27 Powers of Land Council
- 28 Delegation
- 29 Membership of Land Council
- 29AA Register of interests of members of Land Council
- 29A Committees
- 30 Chair and Deputy Chair of Land Council
- 31 Meetings of Land Council
- 33 Borrowing by Land Council
- 33A Land Council may charge fees for services
- 33B Land Council may charge other fees
- 34 Expenditure to be in accordance with approved estimates
- 35 Application of money of Land Council
- 35A Making of determinations under subsection 35(2), (3) or (6)
- 35B Notification requirements for body corporate receiving money from Land Council
- 35C Reporting obligations for body corporate receiving money from Land Council
- 36 Other payments to be approved by Minister
- 37 Additional Land Council reporting requirements
- 39 Minister may give directions about Land Council finances
PART IV--MINING
- 40 Grants of exploration licences
- 41 Application for consent to exploration licences
- 41A Withdrawal of application for consent to exploration licence
- 42 Response of Land Council and Minister to application
- 43 National interest cases
- 44 Determination of conditions of exploration licences
- 44A Terms and conditions of exploration licences
- 45 Mining interest not to be granted in certain circumstances
- 46 Terms and conditions to which grant of mining interest subject
- 47 Cancellation of exploration licence or mining interest
- 48 No further applications within certain periods
- 48A Land Council may enter agreement concerning exploration or mining of land subject to claim
- 48AA Special provisions relating to specified areas
- 48B Variation of terms and conditions
- 48C Application of Acts authorising mining on Aboriginal land
- 48D Payments in respect of mining under Acts
- 48E Arbitration on required agreement
- 48F Appointment as Mining Commissioner
- 48G Proclamations to be laid before Parliament
- 48H Agreements for entry on Aboriginal land
- 48J Offence in connection with mining interest
PART V--ABORIGINAL--LAND COMMISSIONERS
- 49 Aboriginal Land Commissioners
- 50 Functions of Commissioner
- 51 Powers of Commissioner
- 52 Appointment of Commissioner
- 53 Judge or former Judge to be appointed as Commissioner
- 53A Protection for Commissioner etc.
- 53B Application of the Public Governance, Performance and Accountability Act 2013
- 54 Power to require person to answer questions and produce documents
- 54A Person wishing to give information etc. to Commissioner
- 54AA Commissioner may restrict publication etc.
- 54C Financial assistance in respect of legal representation
- 54D Reference of question of law to Federal Court
- 55 Interests of Commissioner in any business
- 56 Leave of absence
- 57 Acting appointments
- 58 Resignation
- 59 Staff to assist Commissioner
- 60 Consultants to Commissioner
- 61 Annual report etc. by Commissioner
PART VI--ABORIGINALS--BENEFIT ACCOUNT
- 62 Aboriginals Benefit Account
- 62A Minimum investment amount
- 63 Credit of amounts to Account
- 63A Purposes of the Account
- 64 Debits from the Account
- 64A Debit of additional amounts from Account
- 64AA Debit of additional amounts from the Account for the purposes of the NTAI Corporation
- 64B Accounts, financial statements and annual report
PART VIA--NORTHERN--TERRITORY ABORIGINAL INVESTMENT CORPORATION
Division 1--Definitions
Division 2--Northern Territory Aboriginal Investment Corporation
Subdivision A--Establishment and functions- 65B Establishment
- 65BA Purposes of the NTAI Corporation
- 65BB NTAI Corporation's functions
- 65BC General rules about performance of functions Subdivision B--Powers
- 65BD Powers
- 65BE Payments etc. may be made subject to terms and conditions
- 65BF Payments repayable if conditions breached etc.
- 65BG Investment of surplus money
- 65BH Investment limit
- 65BI Loans
- 65BJ Borrowing
- 65BK Guarantees
- 65BL Derivatives Subdivision C--Miscellaneous
- 65BM NTAI Corporation does not have privileges and immunities of the Crown
- 65BN Exemption from taxation
Division 3--Strategic investment plan
- 65C Strategic investment plan
Division 4--Financial arrangements
- 65D Administrative and capital expenditure to be in accordance with approved estimates
- 65DA NTAI Corporation may submit estimates of beneficial payments and investments
Division 5--Board of the Northern Territory Aboriginal Investment Corporation
Subdivision A--Establishment and functions- 65E Establishment and functions of the Board
- 65EA Membership Subdivision B--Appointment of Board members
- 65EB Appointment of Board members by Land Councils
- 65EC Appointment of Board members by Commonwealth Ministers
- 65ED Appointment of independent Board members by the Board
- 65EE Basis on which Board members hold office
- 65EF Chair
- 65EG Term of appointment
- 65EH Acting appointments Subdivision C--Terms and conditions of appointment
- 65EI Disclosure of interests--Board members other than independent members
- 65EJ Remuneration and allowances
- 65EK Leave of absence
- 65EL Resignation of Board members
- 65EM Board code of conduct
- 65EN Termination of appointments
- 65EO Suspension of Land Council Board members
- 65EP Other terms and conditions of Board members Subdivision D--Meetings of the Board
- 65EQ Convening meetings
- 65ER Presiding at meetings
- 65ES Quorum
- 65ET Voting at meetings
- 65EU Observers
- 65EV Conduct of meetings
- 65EW Minutes
- 65EX Decisions without meetings
Division 6--Committees
- 65F Establishment of committees
- 65FA Investment committee
- 65FB Audit committee must include independent Board member
- 65FC Remuneration and allowances
- 65FD Committee members are officials of the NTAI Corporation
Division 7--Chief Executive Officer of the NTAI Corporation
- 65G Chief Executive Officer of the NTAI Corporation
- 65GA Functions of the CEO
- 65GB Appointment
- 65GC Acting appointments
- 65GD Other paid work
- 65GE Remuneration and allowances
- 65GF Leave of absence
- 65GG Resignation
- 65GH CEO code of conduct
- 65GI Termination of appointment
- 65GJ Disclosure of interests
- 65GK Other terms and conditions
Division 8--Staff and consultants
Division 9--Miscellaneous
- 65J Delegation by NTAI Corporation
- 65JA Delegation by Board
- 65JB Delegation by CEO
- 65JC Annual report
- 65JD Review of operation of this Part
- 65JE NTAI Corporation rules
PART VII--MISCELLANEOUS
- 66 Interpretation
- 67 Aboriginal land not to be resumed etc.
- 67A Estates or interests not to be granted while land subject to traditional land claim
- 67B Certain estates or interests may be granted while land subject to traditional land claim
- 68 Roads over Aboriginal land
- 69 Sacred sites
- 70 Entry etc. on Aboriginal land
- 70A Vested Aboriginal land and community land
- 70B Entering or remaining on Aboriginal land--access roads to communities
- 70C Entering or remaining on Aboriginal land--aerodromes
- 70D Entering or remaining on Aboriginal land--landing places for vessels
- 70E Entering or remaining on Aboriginal land--roads within communities
- 70F Entering or remaining on Aboriginal land--common areas
- 70G Entering or remaining on Aboriginal land--court hearings
- 70H No limit on section 71
- 71 Traditional rights to use or occupation of Aboriginal land
- 72 Aboriginal land to continue to be reserve under Northern Territory law
- 73 Reciprocal legislation of the Northern Territory
- 74 Application of laws of Northern Territory to Aboriginal land
- 74A Financial assistance in respect of legal representation in closure of seas applications
- 75 Application of NT mining authority in relation to Aboriginal land
- 76 Delegation by Minister
- 77 Remuneration and allowances
- 77A Consents of traditional Aboriginal owners
- 77B Conduct by director, employees or agents
- 77C Amendment of Schedule 1
- 78 Regulations