Bills Digest no. 66 1976
Aboriginal Land Rights (Northern Territory) Bill
1976
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
any official legal status. Other sources should be consulted to determine
the subsequent official status of the Bill.
CONTENTS
Passage History
Purpose
Background
Provisions
Contact Officer & Copyright Details
Passage History
Aboriginal
Land Rights (Northern Territory) Bill 1976
Date introduced: 1 December 1976
House: House of Representatives
Portfolio: Aboriginal Affairs
Purpose
The Bill
seeks to grant traditional Aboriginal land in the Northern Territory
to Aboriginal people.
Background
The Aboriginal Land Rights (Northern Territory)
Bill was first introduced in the House
of Representatives on 4 June 1976. Government amendments to this Bill
were foreshadowed on 17 November 1976 and the reprinted Bill,
incorporating the amendments, was introduced on 1 December 1976.
Provisions
The Bill
provides for:
-
the establishment of Land Trusts
to hold title to land in the Northern Territory for the benefit of
groups of Aboriginals entitled by Aboriginal tradition to the use
or occupation of the land concerned.
-
the establishment of at least two Land Councils to act on
behalf of the traditional owners in the administration of land held
by the Land Trusts; to assist in claims to traditional land; and to
perform any functions that may be conferred by a law of the Northern
Territory.
-
mining exploration and development
to be allowed on Aboriginal land only with the consent of the Minister
and the Land Council for the area unless such exploration and development
is required in the national interest.
-
the negotiation of agreements including
financial benefits and compensation in respect of mining interests.
-
the
settlement of disputes in respect of leases or other mining interests
by arbitration.
-
the preservation of existing rights
in land which becomes Aboriginal land.
-
the appointment of an Aboriginal Land Commissioner to ascertain
who are traditional owners; to inquire into the likely extent of traditional
land claims; and to report to and advise the Minister and the Minister
for the Northern Territory.
-
the establishment of an Aboriginal Benefit Trust Account
into which shall be paid out of Consolidated Revenue amounts equal
to the amounts of any royalties received by the Crown in respect of
a mining interest in Aboriginal land; and from which specified amounts
shall be paid to the Land Councils.
-
the
establishment of a Trust Account Advisory Committee to advise the
Minister in connexion with the making of payments out of the Trust
Account.
-
the consent of the Land Council
for the building of roads on Aboriginal land.
-
a penalty for entering or remaining
on a sacred site or on Aboriginal land except as permitted under the
Act.
-
the Legislative Assembly of the Northern Territory to make
Ordinances providing for: the protection of sacred sites; regulating
and authorizing the entry of persons on Aboriginal land; the protection
and conservation of wild life; and regulating and controlling entry
and fishing in waters of the sea within 2 kilometres of Aboriginal
land.
The Schedules of the Bill
describe the lands to become Aboriginal lands.
Education and Welfare Group
6 December 1976
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
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