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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

  • 20P Staff  
  • 20Q 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  

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