Aboriginal land rights act national museum of australia. It is uncertain that the nic principles reflect the principle of free, prior. After the aboriginal land rights bill was introduced into the nsw legislative assembly in march 1983, the nsw government proclaimed the aboriginal land rights act 1983 on 10 june 1983. In 1976, the act was signed by the govenergeneral of astralia on the 17th december 1976. These rights must be exercised for the benefit of traditional owners concerned and in accordance with the directions of the land council for the area in which the land is situated. Aboriginal land rights northern territory act 1976 ilo. Land rights australian institute of aboriginal and. Aboriginal land rights northern territory act 1976. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. The aboriginal land rights act the aboriginal land rights northern territory act 1976 alra was the first attempt by an australian government to legally recognise the aboriginal system of land ownership. In august 1963, yirrkala residents presented a bark petition to the commonwealth house of representatives. As a result of the findings of the woodward aboriginal land rights commission, a royal commission, the fraser government enacted the aboriginal land rights act in 1976, after its drafting by the whitlam labor government in 1975 four land councils were established under this law. In addition, a new aboriginal land rights regulation 2002 has been drafted, which will repeal and remake the existing aboriginal land rights regulation 1996. This act recognises our rights to land and sets up processes to win back our land through land councils, and manage its resources.
Other articles where aboriginal land rights act is discussed. The aboriginal land rights act nt can be updated or changed by the australian government and it. It established the basis upon which aboriginal people in the northern territory could, for the first time, claim. The aboriginal land rights movement started in 1966 with a demand for better wages. Under the act, more than 50% of the northern territory was returned to traditional aboriginal owners in the following 30 years the nt land rights act gives aboriginal people a strong say over what should happen on their land, through the principle of.
The aboriginal land rights act 1976 was an important date in australian history that established the rights up which aborignal people in the northern territory could claim rights to land based on traditional occupation. The nt land rights act gives aboriginal people a strong say over what should happen on their land, through the. And aboriginal people in the nt lost the right to veto mining. On the 8th of june 2018 the northern territory government and the nts four land councils have signed an. The nt land rights act land rights bill was introduced on 16 october 1975 and became law in 1976. Land rights australian institute of aboriginal and torres. Aboriginal land rights northern territory bill 1976 the defence force ombudsman, mr david hay, has been asked to analyse the written representations received by the government on the aboriginal land rights northern territory bill 1976, which was presented to the parliament on 4 june 1976.
In december 1976 the federal parliament passed the aboriginal land rights northern territory act. About this compilation this compilation this is a compilation of the aboriginal land rights northern territory act 1976 that shows the text of the law as amended and in force on 4 april 2019. On 19 august 1977 the central land council lodged an application under the aboriginal land rights northern territory act 1976 on behalf of a number of aboriginals claiming to have a traditional land claim to an area of unalienated crown land east of the stuart highway and roughly halfway between alice springs and tennant creek. Contributed by rebeccahughes, michael odonnell and charlotte deans and current to 1 may 2016. The aboriginal land rights act central land council, australia. The land council has entered into a contract to acquire the land hereinafter referred to as the contract. Land and indigenous peoples rights amnesty international. Download pdf version of chapter 2 australian human rights. Aboriginal land rights act 1983 sect 4 definitions. Nov 21, 2016 land trusts established under the alr act hold land title in the northern territory and as such, have all the rights of the owner of the land. Key features were that aboriginal land was to be inalienable, meaning that it could not be traded. Aboriginal land rights act 1983 as at 6 december 2019.
Aboriginal land rights legislation in australia wikipedia. Aboriginal land rightsnorthern territory act 1976 land. The text, in the aboriginal language of gumaitj, raised their objection at the decision to excise land from the arnhem land reserves for bauxite mining. The aboriginal land rights northern territory act 1976 provides the basis upon which aboriginal people in the northern territory can claim rights to land. For press august 24, 1976 aboriginal land rights northern territory bill 1976 the defence force ombudsman, mr david hay, has been asked to analyse the written representations received by the government on the aboriginal land rights northern territory bill 1976, which was presented to the parliament on 4 june 1976. An act providing for the granting of traditional aboriginal land in the northern territory for the benefit of aboriginals, and for other purposes. Aboriginal land rights northern territory act 1976 sect 3 interpretation 1 in this act, unless the contrary intention appears. The main purpose of the land rights act was to allow for grants of land to aboriginal people.
Australian government passes aboriginal land rights northern territory act. The purpose of this advice is to clarify what evidence the clean energy regulator will accept as establishing an applicants legal right to undertake a proposed emissions reduction fund emissions avoidance project in the northern territory on land subject to the aboriginal land rights northern territory act 1976 the alr act. The land council agrees that the land shall be used for the sole purposes hereinafter referred to as the designated use of. In the early 1970s, the woodward commission led ultimately to the passage of the land rights act in 1976. Aboriginal land rights law in the northern territory. The act is significant in that it was the first of the aboriginal land rights acts, allowing for a claim of title if claimants can provide evidence of their traditional association with land. Repealed part 2 land rights division 1 repealed none division 2 claimable crown lands 36.
The primary pieces of legislation regarding aboriginal rights to land are the aboriginal land rights northern territory act 1976 cth alra, and the native title act 1993 cth nta other important legislation includes the aboriginal land act nt regarding permits to enter aboriginal land. The aboriginal land rights northern territory act 1976 was the first attempt by an australian government to legally recognise the aboriginal system of land. Legal right to carry out projects on aboriginal land in. Land rights and native title in nsw january 2017 any dealing with land ie a sale, lease, mortgage etc by a lalc requires nswalc approval. Aboriginal means a person who is a member of the aboriginal race of australia. Aboriginal land rights northern territory act 1976 hereinafter referred to as the land rights act. The act reflected most of the key recommendations from the first report of the commission in august 1980. Under the act, more than 50% of the northern territory was returned to traditional aboriginal owners in the following 30 years. Savanna burning is an example of an emissions avoidance. Aboriginal land rights act australia 1976 britannica. Wikipedia citation please see wikipedias template documentation for further citation fields that may be required. Maboaboriginal land rights act northern territory1976. Aboriginal land rights northern territory act 1976 the.
This act was passed after years of attempts by aboriginal peoples to get their land back. This act may be cited as the aboriginal land rights northern territory act 1976. Aboriginal land rights act 1983 as at 6 december 2019 act. Nsw legislation aboriginal land rights act 1983 no 42. It includes a fictional story, quizzes, crosswords. Means the acquisition of title to a piece of private land based on proved continuous, uninterrupted possession of said land without recognition by the. The nt land rights actland rights bill was introduced on 16 october 1975 and became law in 1976. The act was strongly based on the recommendations of justice woodward, who chaired the aboriginal land rights commission also known as the woodward royal commission. The aboriginal land rights northern territory act 1976 provides the basis upon which aboriginal people in the northern territory can claim rights to land based on traditional occupation. It was the first legislation in australia that enabled indigenous people to claim land rights for country where traditional ownership could be proven. Aboriginal land rights in the northern territory volume 1 is the first in a series of two works by graeme neate which examine the content and oper ation of the controversial aboriginal land rights northern territory act 1976 cth as at the end of 1986. In 1967 the general electorate overwhelmingly supported a constitutional amendment to increase commonwealth powers in aboriginal matters. Means this land rights act, including any amendment thereto.
Hawke governments amendments to the northern territory land rights act 1976, which in effect enabled the government to allow mining on aboriginalowned land. Aboriginal land rights northern territory act 1976 cth significance. A sunset clause was introduced, which meant no further claims could be lodged under the act after 1997. Aboriginal land rights act 1983 no 42 contents page historical version for 1. This document presents an overview of aboriginal land rights in australia in a chronological order, broken up into significant events such as the bark petition and the strike at wave hill, and separate statespecific discussions. In some cases a dealing may also require a native title determination from the federal court before the land dealing can proceed. This is a compilation of the aboriginal land rights northern territory act 1976 that shows the text of the law as amended and in force on 4 april 2019 the compilation date. And aboriginal people in the nt lost the right to veto mining on their country if theyd previously said yes to exploration. The new south wales aboriginal land rights act provided land rights for aboriginal persons, representative aboriginal land councils, vested land in those councils, provided for acquisition and management of land, and for the provision of community benefit schemes by or on behalf of those councils.
Importantly, the act is the first attempt by an australian government to legally recognise the aboriginal system of land ownership and put into law the concept of inalienable freehold title. Review of the aboriginal land rights northern territory act 1976 by john reeves qc. Territory the aboriginal land rights northern territory act 1976 cth alra. Implications of land rights reform for indigenous health. In 1987, the aboriginal land rights northern territory act 1976 was amended in a couple of ways. Aboriginal land rights amendment local aboriginal land councils act 2017 no 1 nsw the legislature of new south wales enacts. The aboriginal land rights northern territory act 1976 was the first attempt by an australian government to legally recognise the aboriginal system of land ownership and put into law the concept. Aboriginal land rights act 1983 sect 4 definitions 4 definitions 1 in this act, except in so far as the context or subjectmatter otherwise indicates or requires aboriginal land council means the new south wales aboriginal land council or a local aboriginal land council. Ten years later the first aboriginal land rights act secured aboriginal peoples rights to land. Aboriginal land rights northern territory act 1976 borroloola land claim report to the minister for aboriginal affairs and to the minister for the northern territory this is the first report on an application made to the aboriginal land commissioner under the aboriginal land rights northern territory act 1976. Inquiry into the reeves report on the aboriginal land rights. This document, signed by the governorgeneral on 16 december 1976, established the basis upon which aboriginal people in the northern territory could, for the first time, claim rights to land based on traditional occupation.
Aboriginal land rights amendment local aboriginal land. Aboriginal land rights act 1983 no 42 new south wales status information currency of version current version for 1 december 2018 to date accessed 29 june 2019 at 01. Northern territory nt land rights act 1976 creative. The aboriginal land rights act central land council. Hawke governments amendments to the northern territory land rights act 1976, which in effect enabled the government to allow mining on aboriginal owned land. Land and indigenous peoples rights 7 the gurindji strike one of the first major steps forward in recognising aboriginal rights to land was the land rights northern territory act 1976.
The aboriginal land rights amendment act 2001 was passed by the nsw parliament in 2001 and will come into affect by the end of august 2002. About this compilation this compilation this is a compilation of the aboriginal land rights northern territory act 1976 that shows the text of the law as amended and in force on 4 april 2019 the compilation date. Get key foundational knowledge about aboriginal culture in a fun and engaging way. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled. Sep 07, 2008 the aboriginal land rights amendment act 2001 was passed by the nsw parliament in 2001 and will come into affect by the end of august 2002. About 50% of the northern territory land and 85% of its coastline are owned communally by aboriginal peoples. The government of malcolm fraser supported the issue and in may 1976 ian viner, minister for aboriginal affairs, sent a submission to cabinet recommending the implementation of land rights legislation. Part i preliminary 1 short title see note 1 this act may be cited as the aboriginal land rights northern territory act 1976. Importantly, the act is the first attempt by an australian government to legally recognise the aboriginal system of land ownership and put into law the. Northern territory in 1973 which led to the aboriginal land rights northern territory act 1976. Legal right to carry out projects on aboriginal land in the.
Aboriginal land rights northern territory act 1976 sect 35 application of money of land council 1 a land council must spend the following amounts in meeting its administrative costs or capital costs, in accordance with section 34, in the financial year in which the amounts are received or in the next financial year. The act was an initiative of the whitlam labor government which was. Aboriginal land rights act 1983 as at 6 december 2019 act 42 of 1983 table of provisions long title part 1 preliminary 1. The aboriginal land rights northern territory act of 1976 alra was the result of woodwards reports. The history of aboriginal land rights in australia 1800s. Aboriginallandnativetitleandheritage ntlawhbk austlii. Apr 04, 2019 this is a compilation of the aboriginal land rights northern territory act 1976 that shows the text of the law as amended and in force on 4 april 2019 the compilation date. Aboriginal land rights northern territory act 1976 cth significance this document, signed by the governorgeneral on 16 december 1976, established the basis upon which aboriginal people in the northern territory could, for the first time, claim rights to land based on traditional occupation. Aboriginal land rights act northern territory1976, australian court case, high court judgement, high court of australia, mabo judgement, mason v tritton, 1994, native title, native title act 1993, northern territory, r v murrell 1836, supreme court of nsw, supreme court of the northern territory, terra nullius, united states of america, walker v nsw 1994, yanner murrandoo, yolgnu. The aboriginal land rights act northern territory nitv.
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