Commonwealth Consolidated Acts

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976

TABLE OF PROVISIONS

           Long Title

   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

   65A.    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

   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  

   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  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 5
           SCHEDULE 6 Anindilyakwa Land Trust
           SCHEDULE 7 Community land