Land Rights Program
The Land Rights Program assists the Minister for Families, Housing, Community Services and Indigenous Affairs in performing his/her functions under three Acts:
- Aboriginal Land Rights (Northern Territory) Act 1976
- Aboriginal Land Grant (Jervis Bay Territory) Act 1986
- Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987.
Northern Territory
The Aboriginal Land Rights (Northern Territory) Act 1976 is the most significant land rights legislation in Australia which has resulted in the transfer of almost half of the Territory's land to Aboriginal ownership under inalienable freehold title.Of that area, about half comprises former reserves that were granted immediately the Act came into force. Most of the remainder became Aboriginal land through a claims process, or through agreements made under the Act between the Aboriginal traditional owners, the Northern Territory Government and other interested parties in the land.
The Act has allowed claims over unalienated Crown land (or alienated Crown land held by or on behalf of Aboriginals) to be lodged with an Aboriginal Land Commissioner who inquires into these claims to make a finding about traditional ownership. His findings are reported to the Minister and the Administrator of the Northern Territory. The Minister then makes a decision as to whether or not to recommend to the Governor-General that he agree to the grant of land to traditional owners, after consideration of any detriment to other parties and land usage issues that may result from that grant.
Amendments to the Act prevent any claims submitted after 5 June 1997 from being heard by the Aboriginal Land Commissioner.
The Land Rights Act establishes land councils to represent Aboriginal interests. There are currently four land councils, of which the most significant are the Northern Land Council and Central Land Council. The Act also sets out the regime for development, exploration and mining on Aboriginal land, and for the issue of permits for access to Aboriginal land.
An amount equivalent to royalties from mining projects on Aboriginal land is channelled to a trust account, the Aboriginals Benefit Account (ABA) for the benefit of traditional owners and Northern Territory Aboriginal people.
FaHCSIA's responsibilities under the Act include:
- processing reports received from the Aboriginal Land Commissioner, and providing briefings and advice to the Minister
- supporting the Office of the Aboriginal Land Commissioner
- management of the ABA.
Jervis Bay, ACT
The Aboriginal Land Grant (Jervis Bay Territory) Act 1986 provides for the establishment of the Wreck Bay Aboriginal Community Council (WBACC) and the grant of land to Aboriginal people in the Jervis Bay Territory (JBT). It also sets out the legal regime for dealings with the land.Through grants made in 1987 and 1995, 68 square kilometres have become Aboriginal land under inalienable freehold title, including the Jervis Bay National Park (now known as 'Booderee National Park') and Botanic Gardens and the waters of JBT. 92 per cent of the Jervis Bay Territory has been granted to WBACC.