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Land Rights Act Amendments: resolution after eight years of uncertainty

18 November 2005

The Central Land Council has responded cautiously to amendments to the Aboriginal Land Rights Act ( Northern Territory ) 1976 announced by the Australian Government today.

CLC Director David Ross said that while he had yet to see the details, a briefing this week by the Government revealed that most of the amendments were consistent with the proposals contained within the joint package  of amendments agreed between the four Territory Land Councils and the Northern Territory Government.


"At first glance most of the amendments seem to be positive, sensible and workable," Mr Ross said.

"Excluding the leasing arrangements announced earlier, the amendments should modernise and streamline the Land Rights Act without compromising its integrity.

"However, the briefing was very general and our final response will be reserved until we know the full details.

"Generally it appears that the changes will reduce the administrative workload of the Land Councils by simplifying processes and reducing requirements for ministerial consent in some areas," he said.

"The CLC notes that the government has proposed changes to the mining provisions of the Act which expedite some of the processes while preserving the right of traditional owners to consent or refuse exploration and mining activity on their land,"  Mr Ross said.

These changes make the exploration and mining processes more flexible, remove time consuming regulation, and allow mining companies and the Land Councils to reach agreement about negotiating periods while allowing appropriate intervention by the NT Minister if deadlines are not met.  

In regard to other amendments, the Land Councils and the Minister will have more scope to delegate decision making to sub-groups and certain categories of land claims which are still outstanding will be resolved or disposed of.

The forty per cent proportion of the Aboriginal Benefits Account allocated to funding the Land Councils will be abolished and funding will be on a performance based system.

"We are disappointed that the statutory guarantee of funding has been removed. However the CLC has already moved towards performance-based management and reporting and we're confident we'll continue to be adequately funded to perform our statutory functions," Mr Ross said.

"Fundamentally, these amendments are a vindication of the Land Rights Act. After 30 years of operation, its ability to balance the interests of Aboriginal and non-Aboriginal Australians remains relevant and workable," he said.

"We look forward to working with the Government to finalise what has been a long and time consuming process," Mr Ross said.

18 November 2005

contact: Jane Hodson 0417877579 0889516217