M1: Learner Manual

Aboriginal Land Rights

Land Rights legislation varies from jurisdiction to jurisdiction across Australia. The following link gives details for each State/Territory

https://www.atns.net.au/land-rights-legislation-1

Board members of Local Aboriginal Land Councils need to have an awareness of the Aboriginal Land Rights legislation that relates to their State or territory.

State/ Territory	Land Rights (or similar) Legislation
Northern Territory	Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) https://www.legislation.gov.au/Details/C2016C00111
Queensland	Aboriginal Land Act 1991 (Qld) and the Torres Strait Islander Land Act 1991 (Qld) http://classic.austlii.edu.au//au/legis/qld/consol_act/ala1991126/   Aboriginal and Torres Strait Islander Land (Providing Freehold) Act 2014 (Qld) Cape York Peninsula Heritage Act 2007 (Qld).
South Australia	Aboriginal Land Trust Act 2013 (SA) https://www.legislation.sa.gov.au/LZ/C/A/Aboriginal%20Lands%20Trust%20Act%202013.aspx Pitjantjatjara Land Rights Act 1981 (SA) Maralinga Tjarutja Land Rights Act 1984 (SA)
New South Wales	Aboriginal Land Rights Act 1983 http://www.austlii.edu.au/au/legis/nsw/consol_act/alra1983201/index.html
Victoria	The Traditional Owner Settlement Act 2010 (Vic)  https://www.legislation.vic.gov.au/in-force/acts/traditional-owner-settlement-act-2010/025
Tasmania	There is no Aboriginal land rights legislative regime in Tasmania. Grants of land are managed through: The Aboriginal Lands Act 1995 (Tas) https://www.legislation.tas.gov.au/view/html/inforce/current/act-1995-098
Western Australia	Aboriginal Affairs Planning Authority Act 1972 (WA) https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_1_homepage.html
Australian Capital Territory	There is no territory-wide Aboriginal land rights legislation, in the ACT however, land in Jervis Bay Territory was granted under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (Cth). https://www.legislation.gov.au/Details/C2016C01003

 

These extensive pieces of legislation may be overwhelming to some Board members even after several years of service. No one is expected to ‘know’ all parts of an Act but should know how to access it for reference.

It is important to understand the purpose of Land Rights legislation. The following information uses the NSW Aboriginal Land Rights Act 1983 as an example:

Section 3 of the Act describes the purpose of the Act as follows:

a)     to provide land rights for Aboriginal persons in New South Wales

b)     to provide for representative Aboriginal Land Councils in New South Wales

c)     to vest land in those Councils

d)     to provide for the acquisition of land, and the management of land and other assets and investments, by or for those Councils and the allocation of funds to and by those councils

e)     to provide for the provision of community benefit schemes by or on behalf of those Councils

Indigenous community-based organisations whether they are a Local Aboriginal Land Council or incorporated under other legislation are required to have policies and procedures relating to the behaviour of Board members, management and staff as well general members. These policies and procedures must reflect the organisation’s constitution and any relevant legislation.