Aboriginal Land Rights Acts
Encyclopedia
Commonwealth, State, and Territory Parliaments of Australia have passed legislation codifying and modifying native title
under the common law
. These include the Aboriginal Land Rights Act 1976
and the Native Title Act 1993
.
, the Fraser
Government enacted the Aboriginal Land Rights Act in 1976, after its drafting by the Whitlam
Labor
Government in 1975.
Four land councils were established under this law. It established the basis upon which Aboriginal people in the Northern Territory could, for the first time, claim rights to land based on traditional occupation. This Act was the first Australian law which allowed a claim of title if claimants could provide evidence of their traditional association with land.
, enabled the issuing of perpetual leases on existing Indigenous Lands in Queensland to Indigenous individuals.
ABORIGINAL LAND (NORTHCOTE LAND) ACT 1989
in 1992 led its recognition by the legislative system a year later when the Keating
government enacted the Native Title Act 1993 . It attempted to clarify the legal position of landholders and the processes that must be followed for Native Title to be claimed, protected and recognised through the courts.
The concept of claiming land rights is independent of native title.
Native title is not the same as land rights Aboriginal Land Rights Acts. Land rights are new legal rights that are created and granted under Australian law to Indigenous Australians
.
In a land rights claim Indigenous Australians can seek a grant of title to land from the Commonwealth, state or territory governments. That grant may recognise traditional interest in the land, and protect those interests by giving Indigenous people legal ownership of that land.
Native title
Native title is the Australian version of the common law doctrine of aboriginal title.Native title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs"...
under the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. These include the Aboriginal Land Rights Act 1976
Aboriginal Land Rights Act 1976
In Australian history, the Aboriginal Land Rights Act established the basis upon which Aboriginal people in the Northern Territory could claim rights to land based on traditional occupation. The Act was strongly based on the recommendations of Justice Woodward, who chaired the Aboriginal Land...
and the Native Title Act 1993
Native Title Act 1993
The Native Title Act of 1993 provides for determinations of native title in Australia. The Act was passed by the Keating Labor Government in response to the High Court's decision in Mabo v Queensland...
.
1966 (SA) Aboriginal Lands Trust Act
The Aboriginal Lands Trust Act 1966 established the South Australian Aboriginal Lands Trust.1976 (NT) Aboriginal Land Rights (Northern Territory) Act
As a result of the findings of the Woodward Aboriginal Land Rights Commission, a Royal CommissionRoyal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
, the Fraser
Malcolm Fraser
John Malcolm Fraser AC, CH, GCL, PC is a former Australian Liberal Party politician who was the 22nd Prime Minister of Australia. He came to power in the 1975 election following the dismissal of the Whitlam Labor government, in which he played a key role...
Government enacted the Aboriginal Land Rights Act in 1976, after its drafting by the Whitlam
Gough Whitlam
Edward Gough Whitlam, AC, QC , known as Gough Whitlam , served as the 21st Prime Minister of Australia. Whitlam led the Australian Labor Party to power at the 1972 election and retained government at the 1974 election, before being dismissed by Governor-General Sir John Kerr at the climax of the...
Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
Government in 1975.
Four land councils were established under this law. It established the basis upon which Aboriginal people in the Northern Territory could, for the first time, claim rights to land based on traditional occupation. This Act was the first Australian law which allowed a claim of title if claimants could provide evidence of their traditional association with land.
1978 (Cwlth) Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-Management)
1978 (QLD) Local Government (Aboriginal Lands) Act
The Queensland 1978 Local Government (Aboriginal Lands) Act transferred land leases to the shires of Aurukun and Mornington.1981 (SA) Pitjantjatjara Lands Act
The Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 of South Australia enabled land to be transferred to the Pitjantjatjara people, who had maintained a continuous connection with their land. However, the act provided no basis for claims by other groups.1983 (NSW) Aboriginal Land Rights Act
The New South Wales Aboriginal Land Rights Act provided land rights for Aboriginal persons, representative Aboriginal Land Councils, vested land in those Councils, provided for acquisition and management of land, and for the provision of community benefit schemes by or on behalf of those Councils.1985 (QLD) Aborigines and Torres Strait Islanders (Land Holding) Act
The Aborigines and Torres Strait Islander Act , brought in by Bob KatterBob Katter
Robert Carl "Bob" Katter is an Australian federal politician, a member of the Australian House of Representatives since March 1993 for the Division of Kennedy, and the leader of Katter's Australian Party...
, enabled the issuing of perpetual leases on existing Indigenous Lands in Queensland to Indigenous individuals.
1986 (Cwlth) Aboriginal Land Grant (Jervis Bay Territory) Act
The 1986 Commonwealth Aboriginal Land Grant (Jervis Bay Territory) established the Wreck Bay Aboriginal Community Council and grants land to the council.1987 (Cwlth) Aboriginal Land (Lake Condah and Framlingham Forest) Act
The 1987 Commonwealth Aboriginal Land (Lake Condah and Framlingham Forest) Act vests land to nominated Aboriginal Corporations.1989 (VIC) Aboriginal Land (Northcote Land) Act
The purpose of the Victorian Aboriginal Land (Northcote Land) Act is to authorise the granting by the Crown of land at Northcote to the Aborigines Advancement League Incorporated.ABORIGINAL LAND (NORTHCOTE LAND) ACT 1989
1991 (VIC) Aboriginal Lands Act
The main purpose of the Victorian Aboriginal Lands Act 1991 was to revoke the reservations of certain lands, and authorise the granting of that land for Aboriginal cultural and burial purposes.1991 (QLD) Aboriginal Land Act and Torres Strait Islander Land Act
These two acts, the Aboriginal Land Act and the Torres Strait Islander Land Act, superseded the Aborigines and Torres Strait Islanders (Land Holding) Act 1985.1992 (VIC) Aboriginal Land (Manatunga Land) Act
The purpose of the Victorian Aboriginal Land (Manatunga Land) Act is is to authorise the grant by the Crown of land at Robinvale to the Murray Valley Aboriginal Co-operative Limited and to extinguish a Crown lease and any other encumbrances existing over that land.1993 (Cwlth) Native Title Act
The recognition of the legal concept of native title in the Mabo DecisionMabo v Queensland
Mabo v Queensland was a landmark High Court of Australia decision recognising native title in Australia for the first time...
in 1992 led its recognition by the legislative system a year later when the Keating
Paul Keating
Paul John Keating was the 24th Prime Minister of Australia, serving from 1991 to 1996. Keating was elected as the federal Labor member for Blaxland in 1969 and came to prominence as the reformist treasurer of the Hawke Labor government, which came to power at the 1983 election...
government enacted the Native Title Act 1993 . It attempted to clarify the legal position of landholders and the processes that must be followed for Native Title to be claimed, protected and recognised through the courts.
The concept of claiming land rights is independent of native title.
Native title is not the same as land rights Aboriginal Land Rights Acts. Land rights are new legal rights that are created and granted under Australian law to Indigenous Australians
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
.
In a land rights claim Indigenous Australians can seek a grant of title to land from the Commonwealth, state or territory governments. That grant may recognise traditional interest in the land, and protect those interests by giving Indigenous people legal ownership of that land.