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Harie, Katie --- "Review of the Aboriginal Land Rights (Northern Territory) Act (Cth) 1976" [1998] IndigLawB 4; (1998) 4(8) Indigenous Law Bulletin 11

Review of the Aboriginal Land Rights (Northern Territory) Act (Cth) 1976

by Katie Haire

On 16 July 1997, the Commonwealth Minister for Aboriginal and Torres Strait Islander Affairs, John Herron, announced a review of the Aboriginal Land Rights (Northern Territory) Act (Cth) 1976 (the ‘Land Rights Act’). The last major review of the Land Rights Act was in 1983 by Mr Justice Toohey, published in the report ‘Seven Years On’.

Mr John Reeves, QC, was appointed in October as the reviewer. He has published a call for submissions on the terms of reference, with a closing date of 31 December 1997. A program of public hearings in major centres is also planned but has not been published to date. John Reeves is a former Member of the House of Representatives for the Northern Territory who was recently appointed Queens Counsel.

The terms of reference for the review are:

1. the effectiveness of the legislation in achieving its purpose;
2. the social, cultural and economic impact of the legislation;
3. the operation of the exploration and mining provisions;
4. the operation of the ABTA including the distribution of payments;
5. the operation of Royalty Associations;
6. the question of compulsory acquisition powers of Aboriginal land;
7. the application of Northern Territory laws to Aboriginal land;
8. the role, structure and resource needs of the land councils;
9. any other matters relevant to the operation of the Act.

Other issues which have been raised in relation to the review include the impact of Northern Territory statehood, or the development of a constitution for the Northern Territory, on the operation of the Land Rights Act, and the relationship between the Land Rights Act and the Native Title Act (Cth) 1993.

The Northern and Central Land Councils have welcomed the review as an opportunity to improve areas of efficiency and workability of the Land Rights Act. However, they have made it clear that they will not accept any diminution of Aboriginal rights as a result of the review. To ensure that a constructive approach is taken, the Northern Land Council has proposed to both the Commonwealth MInister for Aboriginal and Torres Strait Islander Affairs and John Reeves that the fundamental principles of land rights should be explicitly protected in the terms of the review. So far, both the Minister and Mr Reeves have rejected the proposal.