Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Aboriginal Land Rights (Northern Territory) Act 1976
1 After subsection 68(1)
Insert:
(1A) A major upgrade of a road over Aboriginal land must not be carried out unless the Land Council for the area in which the land is situated consents, in writing, to the upgrade.
2 Subsection 68(2)
After "subsection (1)", insert "or (1A)".
3 Paragraph 68(2)(a)
After "construct", insert "or upgrade".
4 Paragraph 68(2)(b)
After "construction", insert "or upgrade".
5 Subsection 68(3)
After "constructed", insert "or upgraded".
6 Subsection 68(3)
After "subsection (1)", insert "or (1A)".
7 Subsection 68(3)
After "provided", insert "by this Part or".
8 Subsection 68(4)
After "construction" (wherever occurring), insert ", upgrade".
9 Subsection 70(2A)
Repeal the subsection, substitute:
(2A) In proceedings against a person for an offence against subsection (1), it is a defence if the person enters or remains on the land:
(a) in performing duties as the Governor - General or as a person appointed to administer the Government of the Commonwealth under section 4 of the Constitution; or
(b) in performing duties as the Administrator, an Acting Administrator, or a Deputy Administrator, of the Northern Territory; or
(c) in performing duties as a member of either House of the Parliament or as a member of the Legislative Assembly of the Northern Territory; or
(d) as a candidate for election as a member of the House of Representatives for a Northern Territory electorate, as a Senator for the Northern Territory or as a member of the Legislative Assembly of the Northern Territory; or
(e) in performing functions, or exercising powers, under this Act or another law of the Commonwealth or under a law of the Northern Territory; or
(f) in performing functions or exercising powers as a Commonwealth or Northern Territory officer; or
(g) in performing functions or exercising powers as an officer, member or employee of, or on behalf of, a local government body in the Northern Territory; or
(h) in accordance with this Act or a law of the Northern Territory.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2A) (see subsection 13.3(3) of the Criminal Code ).
(2AA) In paragraph (2A)(f):
"Commonwealth or Northern Territory officer" means:
(a) a person who is in the service or employment of the Commonwealth, the Northern Territory or an Authority; or
(b) a person who holds, or performs the duties of, an appointment, office or position under a law of the Commonwealth or the Northern Territory.
10 After subsection 70(2B)
Insert:
(2BA) In proceedings against a person for an offence against subsection (1), it is a defence if the person enters or remains on the land in accordance with an authorisation in force under subsection (2BB).
Note: A defendant bears an evidential burden in relation to the matter in subsection (2BA) (see subsection 13.3(3) of the Criminal Code ).
(2BB) The Minister may, by writing, authorise a specified person, or any person included in a specified class of persons, to enter or remain on Aboriginal land.
(2BC) An authorisation under subsection (2BB) is not a legislative instrument.
(2BD) Subsections (2BA) to (2BC) cease to have effect at the end of the period of 5 years beginning on the day on which this subsection commenced.
11 After subsection 70(2C)
Insert:
(2D) In proceedings against a person for an offence against subsection (1), it is a defence if the person enters or remains on premises (other than a sacred site) on community land with the permission of the occupier of the premises.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2D) (see subsection 13.3(3) of the Criminal Code ).
(2E) In subsection (2D):
"community land" has the meaning given by section 70A.
"occupier" of premises includes a person present at the premises who is in apparent control of the premises.
12 After section 70
Insert:
70A Vested Aboriginal land and community land
Vested Aboriginal land
(1) For the purposes of sections 70B to 70G, vested Aboriginal land means land covered by paragraph (a) of the definition of Aboriginal land in subsection 3(1).
Community land
(2) For the purposes of sections 70B to 70F, community land means:
(a) subject to subsection (3), land described in Schedule 7; or
(b) land described in regulations made for the purposes of this paragraph.
(3) The regulations may reduce an area of land described in Schedule 7. The regulations have effect accordingly.
70B Entering or remaining on Aboriginal land--access roads to communities
(1) Subject to this section, a person may enter or remain on:
(a) a road:
(i) that is on vested Aboriginal land; and
(ii) that is outside community land; and
(iii) that provides access to community land; and
(iv) that is specified in a determination under subsection (2) or that provides access to an aerodrome, or a landing place for vessels, that services the members of the community concerned; or
(b) an area that is within 50 metres either side of the centreline of such a road (to the extent that area is on vested Aboriginal land and is not a sacred site);
if the entry or remaining is for the purpose of travelling to or from any community land and is not for a purpose that is unlawful.
Note: See section 70A for the definitions of vested Aboriginal land and community land .
Specification of roads
(2) The Minister may, by written determination, specify roads for the purposes of subparagraph (1)(a)(iv). A road may be specified by reference to a start point and end point. A road specified under this subsection includes that road as it lies from time to time.
(3) A determination made under subsection (2) is not a legislative instrument.
(4) The Minister must ensure that notice of a determination under subsection (2) is given in the manner the Minister thinks appropriate.
(5) A failure to comply with subsection (4) does not invalidate the determination.
Limitation
(6) Subsection (1) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.
(7) For the purposes of subsection (6), the regulations may provide that specified provisions of a law of the Northern Territory apply in relation to a road or an area to which subsection (1) applies as if the road or area were open to or used by the public.
(8) Subsection (7) does not limit subsection (6).
No obligation to maintain roads or areas
(9) The Land Trust concerned is under no obligation to maintain a road or an area to which subsection (1) applies to a level that is suitable for use by the public.
Protection from liability
(10) No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1).
No limit on section 19 or 19A
(11) This section does not limit the application of section 19 or 19A in relation to a road or an area to which subsection (1) applies.
Temporary restrictions
(12) This section is subject to any provision of a law of the Northern Territory that provides for temporary restrictions on the entry or remaining on a road or an area to which subsection (1) applies for the purpose of:
(a) protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or
(b) protecting public health or safety.
(13) Subsection (12) does not apply in relation to a road or an area that is covered by a lease to the Director. Instead, the Director may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the road or area for the purpose of:
(a) protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or
(b) protecting public health or safety.
(14) Subsections (12) and (13) apply subject to any limitation prescribed by the regulations for the purposes of this subsection.
(15) A determination made under subsection (13) has effect accordingly.
(16) A determination made under subsection (13) is not a legislative instrument.
(17) The Director must ensure that notice of a determination under subsection (13) is given in the manner the Director thinks appropriate.
(18) A failure to comply with subsection (17) does not invalidate the determination.
70C Entering or remaining on Aboriginal land--aerodromes
Aerodromes outside community land
(1) Subject to this section, a person may board an aircraft, or disembark from an aircraft, that is on an aerodrome that is on vested Aboriginal land and that is outside community land if:
(a) there is a road from community land that provides access to the aerodrome and the aerodrome services the members of the community concerned; and
(b) the person does so in accordance with the directions of the operator of the aircraft; and
(c) the boarding or disembarking is for the purpose of travelling to or from any community land and is not for a purpose that is unlawful.
Note: See section 70A for the definitions of vested Aboriginal land and community land .
(2) If subsection (1) applies, the person may also:
(a) enter or remain on any area of the aerodrome allocated for use by passengers for any purpose related to the boarding or disembarking; and
(b) cross any vested Aboriginal land to get from the aerodrome to the road or from the road to the aerodrome.
Aerodromes within community land
(3) Subject to this section, a person may:
(a) board an aircraft, or disembark from an aircraft, that is on an aerodrome that is within community land if:
(i) the person does so in accordance with the directions of the operator of the aircraft; and
(ii) the boarding or disembarking is for the purpose of travelling to or from any community land that is outside the aerodrome and is not for a purpose that is unlawful; and
(b) enter or remain on any area of the aerodrome allocated for use by passengers for any purpose related to the boarding or disembarking.
Limitations
(4) Subsection (1) or (3) does not apply to the landing of an aircraft at an aerodrome.
(5) Subsection (1) or (3) does not apply in relation to an aerodrome that, at the time of commencement of this section, is covered by a lease granted under section 19. This subsection ceases to apply in relation to the aerodrome once the lease ends.
(6) Subsection (1) or (3) does not apply in relation to an aerodrome that, at the time of commencement of this section, is covered by a lease that was granted under section 19 and is preserved as an interest under subsection 19A(10). This subsection ceases to apply in relation to the aerodrome once the interest ends.
(7) Subsection (1), (2) or (3) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.
No obligation to maintain aerodromes
(8) The Land Trust concerned is under no obligation to maintain an aerodrome to which subsection (1) or (3) applies to a level that is suitable for use by the public.
Protection from liability
(9) No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1), (2) or (3).
No limit on section 19 or 19A
(10) This section does not limit the application of section 19 or 19A in relation to an aerodrome to which subsection (1) or (3) applies.
70D Entering or remaining on Aboriginal land--landing places for vessels
Landing places outside community land
(1) Subject to this section, a person may board a vessel, or disembark from a vessel, that is at a landing place that is on vested Aboriginal land and that is outside community land if:
(a) there is a road from community land that provides access to the landing place and the landing place services the members of the community concerned; and
(b) the boarding or disembarking is for the purpose of travelling to or from any community land and is not for a purpose that is unlawful.
Note: See section 70A for the definitions of vested Aboriginal land and community land .
(2) If subsection (1) applies, the person may also:
(a) enter or remain on any area of the landing place allocated for use by passengers for any purpose related to the boarding or disembarking; and
(b) cross any vested Aboriginal land to get from the landing place to the road or from the road to the landing place.
Landing places within community land
(3) Subject to this section, a person may:
(a) board a vessel, or disembark from a vessel, that is at a landing place that is within community land if the boarding or disembarking is for the purpose of travelling to or from any community land that is outside the landing place and is not for a purpose that is unlawful; and
(b) enter or remain on any area of the landing place allocated for use by passengers for any purpose related to the boarding or disembarking.
Limitations
(4) Subsection (1) or (3) does not apply to the landing or berthing of a vessel at a landing place.
(5) Subsection (1) or (3) does not apply in relation to a landing place that, at the time of commencement of this section, is covered by a lease granted under section 19. This subsection ceases to apply in relation to the landing place once the lease ends.
(6) Subsection (1) or (3) does not apply in relation to a landing place that, at the time of commencement of this section, is covered by a lease that was granted under section 19 and is preserved as an interest under subsection 19A(10). This subsection ceases to apply in relation to the landing place once the interest ends.
(7) Subsection (1), (2) or (3) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.
No obligation to maintain landing places
(8) The Land Trust concerned is under no obligation to maintain a landing place to which subsection (1) or (3) applies to a level that is suitable for use by the public.
Protection from liability
(9) No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1), (2) or (3).
No limit on section 19 or 19A
(10) This section does not limit the application of section 19 or 19A in relation to a landing place to which subsection (1) or (3) applies.
70E Entering or remaining on Aboriginal land--roads within communities
(1) Subject to this section, a person may enter or remain on a road that is within community land if the entry or remaining is not for a purpose that is unlawful.
Note: See section 70A for the definition of community land .
(2) However, subsection (1) does not apply to a road that is specified in a determination under subsection (3).
(3) The Minister may, by written determination, specify roads for the purposes of subsection (2). A road may be specified by reference to a start point and end point. A road specified under this subsection includes that road as it lies from time to time.
(4) A determination made under subsection (3) is not a legislative instrument.
(5) The Minister must ensure that notice of a determination under subsection (3) is given in the manner the Minister thinks appropriate.
(6) A failure to comply with subsection (5) does not invalidate the determination.
Limitation
(7) Subsection (1) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.
(8) For the purposes of subsection (7), the regulations may provide that specified provisions of a law of the Northern Territory apply in relation to a road to which subsection (1) applies as if the road were open to or used by the public.
(9) Subsection (8) does not limit subsection (7).
No obligation to maintain roads
(10) The Land Trust concerned is under no obligation to maintain a road to which subsection (1) applies to a level that is suitable for use by the public.
Protection from liability
(11) No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1).
No limit on section 19 or 19A
(12) This section does not limit the application of section 19 or 19A in relation to a road to which subsection (1) applies.
Temporary restrictions
(13) This section is subject to any provision of a law of the Northern Territory that provides for temporary restrictions on the entry or remaining on a road to which subsection (1) applies for the purpose of:
(a) protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or
(b) protecting public health or safety.
(14) Subsection (13) does not apply in relation to a road that is within community land that is leased to the Director. Instead, the Director may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the road for the purpose of:
(a) protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or
(b) protecting public health or safety.
(15) If a road to which subsection (1) applies is covered by a lease to a Commonwealth entity or an NT entity under section 19A:
(a) in the case of a Commonwealth entity--the Executive Director of Township Leasing referred to in section 20B; or
(b) in the case of an NT entity--the NT entity;
may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the road for the purpose of protecting public health or safety.
(16) The Executive Director of Township Leasing referred to in section 20B may, by writing, delegate his or her power under subsection (15) of this section to an APS employee in the Department.
(17) If a road to which subsection (1) applies is covered by a lease under section 31 of the Northern Territory National Emergency Response Act 2007 , the Minister may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the road for the purpose of protecting public health or safety.
(18) Subsections (13), (14), (15) and (17) apply subject to any limitation prescribed by the regulations for the purposes of this subsection.
(19) A determination made under subsection (14), (15) or (17) has effect accordingly.
(20) A determination made under subsection (14), (15) or (17) is not a legislative instrument.
(21) The person making a determination under subsection (14), (15) or (17) must ensure that notice of the determination is given in the manner the person thinks appropriate.
(22) A failure to comply with subsection (21) does not invalidate the determination.
70F Entering or remaining on Aboriginal land--common areas
(1) Subject to this section, a person may enter or remain on a common area that is within community land if the entry or remaining is not for a purpose that is unlawful.
Note 1: See subsection (20) for the definition of common area .
Note 2: See section 70A for the definition of community land .
Limitations
(2) Subsection (1) does not apply in relation to a common area that, at the time of commencement of this section, is covered by a lease granted under section 19. This subsection ceases to apply in relation to the common area once the lease ends.
(3) Subsection (1) does not apply in relation to a common area that, at the time of commencement of this section, is covered by a lease that was granted under section 19 and is preserved as an interest under subsection 19A(10). This subsection ceases to apply in relation to the common area once the interest ends.
(4) Subsection (1) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.
(5) For the purposes of subsection (4), the regulations may provide that specified common areas are taken to be public parks for the purposes of specified provisions of a law of the Northern Territory relating to public parks.
(6) Subsection (5) does not limit subsection (4).
No obligation to maintain common areas
(7) The Land Trust concerned is under no obligation to maintain a common area to which subsection (1) applies to a level that is suitable for use by the public.
Protection from liability
(8) No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1).
No limit on section 19 or 19A
(9) This section does not limit the application of section 19 or 19A in relation to a common area to which subsection (1) applies.
Temporary restrictions
(10) This section is subject to any provision of a law of the Northern Territory that provides for temporary restrictions on the entry or remaining on a common area to which subsection (1) applies for the purpose of:
(a) protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or
(b) protecting public health or safety.
(11) Subsection (10) does not apply in relation to a common area that is within community land that is leased to the Director. Instead, the Director may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the common area for the purpose of:
(a) protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or
(b) protecting public health or safety.
(12) If a common area to which subsection (1) applies is covered by a lease to a Commonwealth entity or an NT entity under section 19A:
(a) in the case of a Commonwealth entity--the Executive Director of Township Leasing referred to in section 20B; or
(b) in the case of an NT entity--the NT entity;
may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the common area for the purpose of protecting public health or safety.
(13) The Executive Director of Township Leasing referred to in section 20B may, by writing, delegate his or her power under subsection (12) of this section to an APS employee in the Department.
(14) If a common area to which subsection (1) applies is covered by a lease under section 31 of the Northern Territory National Emergency Response Act 2007 , the Minister may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the common area for the purpose of protecting public health or safety.
(15) Subsections (10), (11), (12) and (14) apply subject to any limitation prescribed by the regulations for the purposes of this subsection.
(16) A determination made under subsection (11), (12) or (14) has effect accordingly.
(17) A determination made under subsection (11), (12) or (14) is not a legislative instrument.
(18) The person making a determination under subsection (11), (12) or (14) must ensure that notice of the determination is given in the manner the person thinks appropriate.
(19) A failure to comply with subsection (18) does not invalidate the determination.
Common area
(20) In this section:
"common area" means an area that is generally used by members of the community concerned, but does not include:
(a) a building; or
(b) a sacred site; or
(c) an area prescribed by the regulations for the purposes of this paragraph.
(21) Regulations made for the purposes of paragraph (c) of the definition of common area in subsection (20) may prescribe an area by reference to the purpose for which the area is used.
(22) Subsection (21) does not limit paragraph (c) of the definition of common area in subsection (20).
70G Entering or remaining on Aboriginal land--court hearings
(1) A person may enter or remain on vested Aboriginal land for the purpose of attending or leaving a court hearing held on the land.
Note: See section 70A for the definition of vested Aboriginal land .
(2) Subsection (1) does not apply to attending any part of a court hearing that is not open to the public.
(3) Subsection (1) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.
Nothing in sections 70B to 70G limits the application of section 71.
13 After paragraph 73(1)(b)
Insert:
(ba) laws providing for temporary restrictions of the kind referred to in subsection 70B(12), 70E(13) or 70F(10), but so that any such laws do not apply to Aboriginals who enter, and use or occupy, the road or area concerned in accordance with Aboriginal tradition; and
14 After section 74
Insert:
74AA Revoking of permits issued under the Aboriginal Land Act of the Northern Territory
A permit issued under section 5 of the Aboriginal Land Act of the Northern Territory may only be revoked by the issuer of the permit.
Note: The reference to the Aboriginal Land Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.
15 At the end of the Act
Add: