Aboriginal Land Rights (Northern Territory) Amendment (Township) Regulations 2017

Administered by Department of the Prime Minister and Cabinet

Legislation au F2017L00696 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Aboriginal Land Rights (Northern Territory) Act 1976

 

Aboriginal Land Rights (Northern Territory) Amendment (Township) Regulations 2017

 

Section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Township area vested in the Tiwi Aboriginal Land Trust

 

Section 3AB defines townships, in relation to a Land Trust, for the purposes of the Act. In particular, section 3AB(3) of the Act defines townships to include an area of land that is prescribed by the regulations, for the purposes of section 3AB(3), in relation to the applicable Land Trust only.

 

A township lease for Pirlangimpi in the Tiwi Islands is being negotiated between Munupi traditional Aboriginal owners, the Tiwi Aboriginal Land Trust and the Northern Land Council under section 19A of the Act.

 

The Aboriginal Land Rights (Northern Territory) Amendment (Township) Regulations 2017 (the Regulations) amends the Aboriginal Land Rights (Northern Territory) Regulations 2007 to prescribe a single township of Pirlangimpi in the Northern Territory in relation to the Tiwi Aboriginal Land Trust.

 

Under the Act, a township lease must be held by an approved entity. Currently only the Executive Director of Township Leasing (Executive Director), a statutory office established by Section 20B of the Act, has been approved by the Commonwealth to hold and administer a township lease under Section 19A of the Act. The Ngarrariyal Aboriginal Corporation has sought approval from the Commonwealth under section 3AAA of the Act to enable it to hold and administer a township lease over the Gunyangara township.

 

The proposed township lease for Pirlangimpi is to be granted to the Executive Director, who will administer the lease in accordance with its agreed terms and conditions. The proposed township lease provides also for the future transfer of the lease from the Executive Director to a Munupi community entity that is a Commonwealth approved entity under the Act.

 

Conditions to be Satisfied

 

The Act does not specify conditions that need to be satisfied before the power to make the Regulations may be exercised.

 

Legislative Instrument

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Commencement

 

The Regulations commence on the date after registration on the Federal Register of Legislative Instruments.

 

Regulatory Impact Statement

 

The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required. 

Consultation

 

Consultations have been undertaken in relation to a township lease for Pirlangimpi and on the survey for the township. In particular, the Tiwi Land Council has agreed in principle to the grant of a lease over the Pirlangimpi township. In accordance with section 19A(2) of the Act, the Tiwi Land Council has consulted with the traditional Aboriginal owners and other Aboriginal people with an interest in the land.

 

The Tiwi Land Council was consulted with, and agreed to the Regulations.

 

Attachments

 

The Statement of Compatibility with Human Rights as required by the Human Rights (Parliamentary Scrutiny) Act 2011 is provided in Attachment 1.

 

A copy of Survey Plan S2014/211, which prescribes the township of Pirlangimpi, is provided in Attachment 2. Survey Plan S2014/211 can also be obtained from the Northern Territory Land Information System website via the NT Atlas.

 

Explanation of provisions

 

Section 1 – Name of Regulations

 

This section sets out the name of the Regulations, being the Aboriginal Land Rights (Northern Territory) Amendment (Township) Regulations 2017 (the Regulations). 

 

Section 2 – Commencement

 

This section provides that the Regulations commence the day after registration. 

 

Section 3 – Authority

 

This section provides that the Authority for the Regulations is the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act). 

 

Section 4 – Schedules

 

This section provides that each instrument that is specified in a Schedule to the Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Regulations has effect according to its terms. 

 

Schedule 1 – Amendments

 

Schedule 1, item 1

 

This item inserts regulations 5AA after existing regulation 5. New regulation 5AA provides for a parcel of land to be prescribed as a single township in relation to the Tiwi Aboriginal Land Trust.

 

The parcel of land is on Melville Island in the Northern Territory with an area of 1075 hectares, more or less, being Northern Territory Portion 7363(A), delineated on Survey Plan S2014/211 lodged with the Northern Territory Surveyor-General in Darwin.


          Attachment 1

 

   Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Aboriginal Land Rights (Northern Territory) Amendment (Township) Regulations 2017

 

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Regulation amends the Aboriginal Land Rights (Northern Territory Regulations 2007.

 

Overview of the Bill/Disallowable Legislative Instrument

Section 3AB of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act) defines townships, in relation to a Land Trust, for the purposes of the Act. In particular, section 3AB(3) of the Act defines townships to include an area of land that is prescribed by the regulations, for the purposes of section 3AB(3), in relation to the applicable Land Trust only.

 

These Regulations prescribe a single township of Pirlangimpi in the Northern Territory in relation to the Tiwi Aboriginal Land Trust.

The Executive Director is a statutory office established by section 20B of the Act. The Executive Director’s functions are enumerated in section 20C of the Act. These include the administration of leases granted to the Commonwealth under section 19A of the Act. Section 20C(c) provides that the Executive Director’s functions can include “any other functions that are prescribed by the regulations, being functions relating to the matters referred to in this section.”

 

The proposed township lease for Pirlangimpi is to be granted to the Executive Director of Township leasing. The Executive Director will administer the lease in accordance with its agreed terms and conditions. The proposed township lease being negotiated provides for the future transfer of the lease from the Executive Director to a Munupi community entity that is a Commonwealth approved entity under the Act.

 

 

Human rights implications

This Bill/Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Bill/Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

Attachment 2

Overview

The Aboriginal Land Rights (Northern Territory) Amendment (Township) Regulations 2017 were introduced to amend the Aboriginal Land Rights (Northern Territory) Regulations 2007, specifically prescribing a single township of Pirlangimpi in the Northern Territory in relation to the Tiwi Aboriginal Land Trust. Enacted under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976, these Regulations provide the necessary legal framework for the administration of the township lease over Pirlangimpi, ensuring it is managed in accordance with the Act’s provisions. The primary objective of these Regulations is to facilitate the negotiation and grant of a township lease for Pirlangimpi, allowing for its administration by the Executive Director of Township Leasing initially, with a provision for future transfer to a Munupi community entity approved by the Commonwealth. The Regulations underwent consultation with relevant stakeholders, including the Tiwi Land Council, and were deemed compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Aboriginal Land Rights (Northern Territory) Amendment (Township) Regulations 2017 applies to the Aboriginal Land Rights (Northern Territory) Act 1976 by prescribing specific details concerning the township of Pirlangimpi in the Northern Territory in relation to the Tiwi Aboriginal Land Trust. The Regulations are focused on the administration and leasing of the township area by the Executive Director of Township Leasing, who is the sole entity approved to hold and administer such leases under the Act. The scope of the Regulations includes the legal framework and procedural requirements for leasing the township land, including provisions for future transfer of the lease to a Munupi community entity once it is approved by the Commonwealth. The Regulations are applicable within the jurisdiction of the Northern Territory and are designed to facilitate the negotiation and execution of the township lease in accordance with the Act. There are no specified exclusions or exemptions in the Regulations, and they extend the application of the Act by providing necessary details for the township lease process. The Regulations themselves do not require a Regulatory Impact Statement and are considered a legislative instrument under the Legislative Instruments Act 2003.

Key Provisions

The Aboriginal Land Rights (Northern Territory) Amendment (Township) Regulations 2017 (the Regulations) were made under section 78 of the Aboriginal Land Rights (Northern Territory) Act 1976 (the Act) and are designed to prescribe a single township of Pirlangimpi in the Northern Territory in relation to the Tiwi Aboriginal Land Trust. This is done through the insertion of new regulation 5AA, which defines the township area as a parcel of land on Melville Island with an area of approximately 1075 hectares, delineated on Survey Plan S2014/211. The Regulations also specify that a township lease for Pirlangimpi must be held by an approved entity, currently only the Executive Director of Township Leasing, established by section 20B of the Act, can administer such a lease. The proposed township lease for Pirlangimpi will be granted to the Executive Director, who will administer it according to the agreed terms and conditions, with the provision for future transfer to a Munupi community entity approved by the Commonwealth. The Regulations impose several obligations on the parties involved. Firstly, they require the Tiwi Aboriginal Land Trust and the traditional Aboriginal owners to agree to the lease over the Pirlangimpi township, which has been achieved with the Tiwi Land Council's consultation and agreement. The Executive Director, as the approved entity, must also administer the lease in accordance with its terms and conditions, ensuring compliance with the Act and the Regulations. Additionally, the Regulations mandate that the Ngarrariyal Aboriginal Corporation seek approval from the Commonwealth to hold and administer a township lease over the Gunyangara township, if it wishes to do so. Under the Act, breaches of the Regulations can result in various consequences. While the Act does not specify conditions that need to be satisfied before the power to make the Regulations may be exercised, non-compliance with the Regulations can lead to civil or criminal penalties. For instance, failure to adhere to the terms and conditions of the township lease can result in the lease being terminated, and the land being reclaimed by the Aboriginal Land Trust. Furthermore, the Executive Director has the authority to enforce compliance with the Regulations and can take appropriate action against any party found in breach. Additionally, any party aggrieved by a decision made under the Regulations can seek judicial review, and in the case of criminal offences, penalties may be imposed, although specific penalties are not detailed in the provided text. The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commence on the day after registration. Consultations have been undertaken with relevant parties, including the Tiwi Land Council, which has consulted with traditional Aboriginal owners and other interested Aboriginal people, as required by section 19A(2) of the Act. The Regulations also state that a Regulatory Impact Statement is not required, as advised by the Office of Best Practice Regulation. The Statement of Compatibility with Human Rights confirms that the Regulations are compatible with human rights, as they do not engage any applicable rights or freedoms.

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Indigenous Peoples & Native Title Law
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Regulation
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Definitions & Interpretation
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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.