Aboriginal Land Rights (Northern Territory) Amendment Act 2019

Administered by Department of the Prime Minister and Cabinet

Legislation au C2019A00009 In force Act

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Aboriginal Land Rights (Northern Territory) Amendment Act 2019

 

No. 9, 2019

 

 

 

 

 

An Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Kakadu

Aboriginal Land Rights (Northern Territory) Act 1976

Schedule 2—Urapunga

Aboriginal Land Rights (Northern Territory) Act 1976

Schedule 3—Anthony Lagoon

Aboriginal Land Rights (Northern Territory) Act 1976

 

 

 

 

Aboriginal Land Rights (Northern Territory) Amendment Act 2019

No. 9, 2019

 

 

 

An Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976, and for related purposes

[Assented to 12 March 2019]

The Parliament of Australia enacts:

1  Short title

  This Act is the Aboriginal Land Rights (Northern Territory) Amendment Act 2019.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

12 March 2019

2.  Schedule 1

The day after this Act receives the Royal Assent.

13 March 2019

3.  Schedules 2 and 3

Immediately after the commencement of the provisions covered by table item 2.

13 March 2019

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Kakadu

 

Aboriginal Land Rights (Northern Territory) Act 1976

1  Section 3 (definitions of Alligator Rivers Area (No. 3), Gimbat and Goodparla)

Repeal the definitions.

2  At the end of section 10

Add:

 (4) For the purposes of this section, any estate or interest in the area of land described in Schedule 1 under the heading “Kakadu” that is held by the Director is taken to be an estate or interest held by the Crown in right of the Commonwealth.

3  Subsection 11(1A)

Repeal the subsection.

4  Paragraph 12(2B)(b)

Repeal the paragraph, substitute:

 (b) any land described in Schedule 1 under the heading “Kakadu”;

5  Subsection 12(2C)

Omit “land referred to in subsection (2D)”, substitute “any land described in Schedule 1 under the heading “Uluru””.

6  Subsections 12(2D) and (2E)

Repeal the subsections.

7  Subsections 50(1A) and (1B)

Repeal the subsections.

8  Part 4 of Schedule 1 (after the item relating to Jabiru)

Insert:

KAKADU

All that land in the Northern Territory comprising:

 (a) the whole of Northern Territory Portion 1760 delineated on Survey Plan S91/227 lodged with the Surveyor‑General, Darwin, and containing an area of approximately 450 hectares; and

 (b) the whole of Northern Territory Portion 7456 delineated on Survey Plans S2015/186 (A to H) lodged with the Surveyor‑General, Darwin, and containing an area of approximately 612,600 hectares; and

 (c) the whole of Northern Territory Portion 7457 delineated on Survey Plans S2015/187 (A to H) and S2015/187 (J to L) lodged with the Surveyor‑General, Darwin, and containing an area of approximately 355,200 hectares; and

 (d) the whole of Northern Territory Portion 7548 delineated on Survey Plan S2015/188 lodged with the Surveyor‑General, Darwin, and containing an area of approximately 40.95 hectares; and

 (e) the whole of Northern Territory Portion 1761 delineated on Survey Plan S91/227 lodged with the Surveyor‑General, Darwin, and containing an area of approximately 4,400 hectares; and

 (f) the whole of Northern Territory Portion 7459 delineated on Survey Plans S2015/189 (A and B) lodged with the Surveyor‑General, Darwin, and containing an area of approximately 33.39 hectares; and

 (g) the whole of Northern Territory Portion 7460 delineated on Survey Plans S2015/189 (A and B) lodged with the Surveyor‑General, Darwin, and containing an area of approximately 39.40 hectares; and

 (h) the whole of Northern Territory Portion 7461 delineated on Survey Plan S2015/189B lodged with the Surveyor‑General, Darwin, and containing an area of approximately 335.8 hectares; and

 (i) the whole of Northern Territory Portion 7462 delineated on Survey Plan S2015/190 lodged with the Surveyor‑General, Darwin, and containing an area of approximately 209.1 hectares; and

 (j) the whole of Northern Territory Portion 895 delineated on Survey Plan A419 lodged with the Surveyor‑General, Darwin, and containing an area of approximately 12.14 hectares.

9  Schedule 4

Repeal the Schedule.

Schedule 2—Urapunga

 

Aboriginal Land Rights (Northern Territory) Act 1976

1  Part 4 of Schedule 1 (after the item relating to Upper Daly)

Insert:

URAPUNGA

All that land in the Northern Territory comprising the whole of Lot 281 delineated on Survey Plan S2016/094 lodged with the Surveyor‑General, Darwin, and containing an area of approximately 73.32 hectares.

Schedule 3—Anthony Lagoon

 

Aboriginal Land Rights (Northern Territory) Act 1976

1  Part 4 of Schedule 1 (before the item relating to Bauhinia Downs)

Insert:

ANTHONY LAGOON

All that land in the Northern Territory comprising the whole of Northern Territory Portion 5010 delineated on Survey Plan S96/303 lodged with the Surveyor‑General, Darwin, and containing an area of approximately 603.5 hectares.

 

 

 

[Minister’s second reading speech made in—

Senate on 6 December 2017

House of Representatives on 19 February 2019]

 

(276/17)

 

Overview

The Aboriginal Land Rights (Northern Territory) Amendment Act 2019 was enacted by the Parliament of Australia to amend the Aboriginal Land Rights (Northern Territory) Act 1976, addressing issues and gaps in land rights recognition and administration for Aboriginal peoples in the Northern Territory. The Act seeks to update the legal definitions, scope, and administration of Aboriginal land rights in the Northern Territory by repealing and modifying certain sections and schedules of the original Act. The policy objective is to ensure that Aboriginal land rights are clearly defined and administered, facilitating better land management and recognition of traditional Aboriginal ownership and usage of land. The Act specifies commencement dates for different parts of the legislation, with the primary enactment occurring on 12 March 2019, the date the Act received Royal Assent. Schedules 1 to 3 detail specific amendments to the Aboriginal Land Rights (Northern Territory) Act 1976, including the repeal and modification of definitions, sections, and subsections, and the addition of new land descriptions to reflect current and accurate land boundaries and ownership. These amendments aim to align the legal framework with contemporary understandings and requirements for land rights in the Northern Territory.

Scope and Application

The Aboriginal Land Rights (Northern Territory) Amendment Act 2019 amends the Aboriginal Land Rights (Northern Territory) Act 1976 to redefine and adjust the land rights pertaining to specific areas within the Northern Territory, particularly focusing on the Kakadu, Urapunga, and Anthony Lagoon regions. This Act applies to the specified areas of land in the Northern Territory and to the entities and individuals who hold estates or interests in these areas. The amendments made by this Act include the repeal and substitution of various definitions, subsections, and paragraphs within the original Act, aiming to clarify the legal status of land held by the Director and to refine the geographical descriptions and legal definitions of the land areas in question. The jurisdictional reach of this Act is confined to the Northern Territory, with its provisions taking effect on specific dates as outlined in the commencement section of the Act. Notably, the Act does not extend its application through subordinate instruments but rather operates through the direct amendments specified in its schedules.

Key Provisions

The Aboriginal Land Rights (Northern Territory) Amendment Act 2019 (C2019A00009) primarily amends the Aboriginal Land Rights (Northern Territory) Act 1976 (the "Principal Act") by modifying specific sections and schedules that define and allocate land rights within the Northern Territory. The main sections of the Amendment Act include the definitions of specific areas such as the Alligator Rivers Area, Gimbat, and Goodparla, which are repealed (Schedule 1, items 1 and 4). Additionally, section 10 of the Principal Act is amended to clarify that any estate or interest in the Kakadu area held by the Director is deemed to be held by the Crown in right of the Commonwealth (Schedule 1, item 2). Other sections and subsections within the Principal Act are repealed or omitted to streamline the legal definitions and references concerning the land areas of interest (Schedule 1, items 3, 5, 6, 7, and 8). The Amendment Act also introduces new land descriptions for Urapunga and Anthony Lagoon (Schedules 2 and 3) by inserting them into Part 4 of Schedule 1 of the Principal Act. The Amendment Act imposes specific obligations and requirements on various parties, particularly those involved in the administration and management of land rights in the Northern Territory. For instance, it requires the Director to recognize any estate or interest in the Kakadu area as being held by the Crown in right of the Commonwealth (Schedule 1, item 2). Furthermore, it mandates the repeal or amendment of certain sections and subsections, necessitating updates to relevant records and documentation to reflect these changes accurately. The Amendment Act also demands the insertion of new land descriptions for Urapunga and Anthony Lagoon, which must be integrated into the existing land rights framework in the Northern Territory (Schedules 2 and 3). The Amendment Act includes provisions that outline the consequences of non-compliance with its mandates. While the Act does not explicitly state specific offences or penalties for breaches, it is understood that failure to adhere to the requirements and obligations set forth could lead to legal ramifications. Typically, breaches of land rights legislation can result in civil or administrative penalties, including fines or legal actions to enforce compliance. Additionally, in severe cases, breaches might attract criminal penalties, particularly if they involve fraudulent activities or significant mismanagement of land rights. However, the exact penalties would depend on the nature of the breach and the specific provisions of the Principal Act and related legislation.

Legal classification tags

Area of Law
Indigenous Peoples & Native Title Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.