CLC Frequently Asked Questions
- Is the CLC holding up the leasing of land for houses in remote communities?
- Does the CLC own Aboriginal land?
- What happens to royalty and rent payments to Aboriginal people?
- Who funds the CLC?
- Does the CLC control Aboriginal land?
- How does the CLC spend its money?
- How does the CLC determine traditional ownership?
- How does the CLC deal with disputes about land ownership?
Is the CLC holding up the leasing of land for houses in remote communities?
Aboriginal people in Central Australia want an end to the housing crisis in remote communities and the CLC has called on the Australian and the NT governments to work together with us as equal partners.
The Australian government introduced leasing in Aboriginal communities during the Intervention; before then, leases in Aboriginal communities weren't needed to build houses.
Funding agreements for remote housing between both governments since the Intervention have required the NT government to hold a lease before it can spend money. The land councils are not parties to these agreements.
In 2017, both governments proposed new leases so that houses in these communities could be upgraded. The Australian government insisted on 99 year leases. The traditional owners were reluctant to agree to such long leases but felt they had no choice but to agree because of the dire condition of their houses. For example, Haasts Bluff residents told the ABC in December 2017 that the NT government was not fixing raw sewerage running though their yards even though they were paying rent to the government.
The NT government agreed to hold leases in order to start surveying, subdividing and servicing new blocks, just like with land releases in urban areas. The problem is the NT government has invested insufficient funds for these works and the reason for the delays many communities are suffering is a lack of realistic investments. Both governments need to work with traditional owners as a matter of urgency.
Does the CLC own Aboriginal land?
No. Aboriginal land is owned and controlled by the traditional owners who hold it under inalienable freehold title. This communal form of title is vested with Aboriginal land trusts.
When someone wants to use Aboriginal land for an activity such as mining or tourism the CLC has a legal responsibility to identify and consult with the traditional owners about that proposal.
The Aboriginal Land Rights Act states that the CLC must:
- consult with and have regard to the interests of traditional owners
- ensure that traditional owners understand any proposal
- ensure any affected Aboriginal community has expressed its views
- comply with traditional decision making processes
- not give a direction without the consent of traditional owners.
If traditional owners want to carry out activity on their land, for example implement a community development project or start a business, the CLC may help them.
What happens to royalty and rent payments to Aboriginal people?
Who funds the CLC?
Does the CLC control Aboriginal land?
No. The traditional Aboriginal owners are the decision makers who control the use of Aboriginal land.
The Australian Government grants Aboriginal land that can be successfully claimed under inalienable freehold title.
This communal form of title cannot be bought, sold or mortgaged.
It is formally vested in Aboriginal land trusts whose members are Aboriginal people who hold the title for the benefit of all the traditional landowners.
How does the CLC spend its money?
How does the CLC determine traditional ownership?
The Land Rights Act defines traditional Aboriginal land owners as a local descent group of Aboriginal people whose shared spiritual affiliations to sites on the land places them under a primary spiritual responsibility for those sites, and who are entitled by their traditions to use the land.
The CLC works with Aboriginal people in its region to ensure that traditional owners are properly identified according to this definition.
Senior Aboriginal people associated with an area, and those from surrounding areas, have contributed to more than four decades worth of research that has been tested in land rights and native title claims in the CLC region and they frequently corroborate or update this research ahead of consultations for major developments and land issues.
How does the CLC deal with disputes about land ownership?
The CLC has a duty to help Aboriginal people to resolve their disputes over land. It empowers and supports Aboriginal groups to manage their own disputes and reduce their reliance on mediation by external parties.
It has developed a dispute management framework to guide how it supports people with this.
Many traditional owners and native title holders are reducing the potential for conflict by directing income streams from the use of their land to projects that generate wide benefits for their communities.