The Land Rights Act provides a unique system of land ownership that bridges non-Aboriginal land tenure systems and traditional Aboriginal land law.
The Act sets up a system of checks and balances to ensure that traditional landowners’ interests are protected and that they have proper control over land granted to them.
This is done by a system involving Land Councils, Land trusts and traditional landowners.
Aboriginal land is private property owned under special freehold title. It is inalienable – it cannot be bought, acquired or forfeited.
Inalienability of land is fundamental to bboriginal people . The notion of loss of ownership is totally foreign to Aboriginal culture and view of the world.
Aboriginal land is not owned by individuals , the land is granted as a communal title.
Any proposal for the use of that land by outsiders such as a cattle agistment licence, an exploration licence or the construction of a road or pipeleine, can only proceed with the consent of the Aboriginal landowners as a group.
There are many instances of Aboriginal landwowners providing leases and licences for mining , pastoral activities and infrastructure building such as the Alice to Darwin Railway line.
Land is formally held by a Land Trust – Aboriginal people who hold the title for the benefit of all the traditional owners and people with a traditional interest in the land.
A Land Trust can only deal with the land in ways that the Land Council directs it to. But Land Councils can only direct Land Trusts to deal in land in ways that the traditional owners have determined.
Before directing a land Trust, the land council must be satisfied that:
The Act further reinforces respect for Aboriginal traditional land tenure by providing that the process of decision making by the traditional aboriginal landowners shall be in accordance with Aboriginal traditional processes in relation to decisions of that kind.
