Permit system

Permits have generally been required to enter and remain on Aboriginal land in the Northern Territory. This system was set up by the Aboriginal Land Rights (Northern Territory) Act 1976.

Except in specific circumstances it has been an offence to enter and remain on Aboriginal land without a permit. Permits are granted by Land Councils or traditional owners of the land.

The former Australian Government legislated changes to these arrangements. The changes came into force on 17 February 2008, and were intended to allow access to major communities—by air, by sea or by the use of roads identified in a determination made by the Minister for Families, Housing, Community Services and Indigenous Affairs (the Minister)—without the need to obtain a permit.

The current Australian Government does not believe that these changes are in the best interests of Aboriginal people and the wider community. It has introduced legislation to have the changes revoked at the earliest practicable opportunity.

The permit system has allowed access for police and government employees and contractors, including the medical teams working for the NTER. The Bill before Parliament will allow the Minister to authorise journalists to enter Aboriginal communities without permits under certain conditions in order to carry out their work.

Consistent with this approach, the Government will NOT be making a determination specifying the roads which can be used to gain access to communities.

People wishing to visit communities by road will therefore require a permit to use roads leading to communities unless the roads are public roads.

Pending amendment of the legislation, people wishing to visit communities by air or by sea are encouraged to continue the current practice of seeking permission to visit communities.