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Aboriginal Land Rights (Northern Territory) Act 1976
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Attorney-General's Department
Department of the Prime Minister and Cabinet
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C2022C00322 (C45)
15 November 2022
-
12 December 2022
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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
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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
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Part IIA—Executive Director of Township Leasing
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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
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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
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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
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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
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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
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Part VIA—Northern Territory Aboriginal Investment Corporation
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Division 1—Definitions
65A Definitions
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Division 2—Northern Territory Aboriginal Investment Corporation
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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
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Subdivision A—Establishment and functions
65E Establishment and functions of the Board
65EA Membership
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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
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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
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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
65H Staff
65HA 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
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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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Schedule 6—Anindilyakwa Land Trust
1 Anindilyakwa Land Trust
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Schedule 7—Community land
1 Acacia Larrakia
2 Ali Curung
3 Amanbidji
4 Amoonguna
5 Ampilatwatja
6 Angurugu
7 Areyonga
8 Barunga
9 Belyuen
10 Beswick
11 Bulman
12 Daguragu
13 Galiwinku
14 Gapuwiyak
15 Gunbalanya
16 Gunyangara
17 Haasts Bluff
18 Hermannsburg
19 Kaltukatjara
20 Kintore
21 Lajamanu
22 Maningrida
23 Manyallaluk
24 Milikapiti
25 Milingimbi
26 Milyakburra
27 Minjilang
28 Mt Liebig
29 Mutitjulu
30 Nguiu
31 Ngukurr
32 Nturiya
33 Numbulwar
34 Nyirripi
35 Palumpa
36 Papunya
37 Peppimenarti
38 Pigeon Hole
39 Pirlangimpi
40 Pmara Jutunta
41 Ramingining
42 Robinson River
43 Santa Teresa
44 Umbakumba
45 Wadeye
46 Wallace Rockhole
47 Warruwi
48 Weemol
49 Willowra
50 Yirrkala
51 Yuelamu
52 Yuendumu
53 Low water marks
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history