Aboriginal Land Act 1978

This Act may be cited as the Aboriginal Land Act 1978.

This Act shall come into operation on a date to be fixed by the

Administrator by notice in the Gazette.

In this Act:

Aboriginal means a person who is a member of the

Aboriginal race of Australia.

Aboriginal land has the same meaning as in the

Aboriginal Land Rights (Northern Territory) Act 1976 of the

Commonwealth.

Aboriginal tradition has the same meaning as in the

Aboriginal Land Rights (Northern Territory) Act 1976 of the

Commonwealth.

Aboriginal Land Commissioner means the Aboriginal Land

Commissioner established by the Aboriginal Land Rights (Northern

Territory) Act 1976 of the Commonwealth.

Act includes an Act of the Commonwealth.

closed seas means seas closed by notice published in the Gazette under section 12.

Land Council means an Aboriginal Land Council established by or under the Aboriginal Land Rights (Northern

Territory) Act 1976 of the Commonwealth.

Land Trust means an Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth.

road means that part of the land within the boundaries of Aboriginal land described in Schedule 1 of the Aboriginal Land

Rights (Northern Territory) Act 1976 of the Commonwealth, the title to which has been granted under section 12 of that Act to a Land Trust, in respect of which:

in pursuance of section 12AA(1) of that Act, agreement has been reached between a Land Council and the Territory; or

in pursuance of section 12AB(1) of that Act, a declaration has been made by the Supreme Court,

that the part of the land is:

land on which there was, at the time of commencement of section 3 of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth a road over which the public had, at that time, a right of way; or

land on which there was, at the time of the execution of the deed of grant issued under section 12 of that Act, a road over which the public had, at that time, a right of way.

traditional Aboriginal owners has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth.

Nothing in this Act shall be construed as affecting the status of any road (including a road not falling within the definition of road in section 3).

Part II Entry onto

Aboriginal land

Subject to this Part and to any provision to the contrary in a law of the Territory, a person shall not enter onto or remain on

Aboriginal land or use a road unless he has been issued with a permit to do so in accordance with this Part.

Maximum penalty: 8 penalty units.

Nothing in subsection (1) shall prevent a person who is entitled or permitted under this Part to enter onto or remain on

Aboriginal land from using a road that is bordered by that Aboriginal land.

An Aboriginal who is entitled by Aboriginal tradition to enter onto an area of Aboriginal land may enter onto that area of

Aboriginal land.

An Aboriginal who is entitled by Aboriginal tradition to remain on an area of Aboriginal land may remain on that area of Aboriginal land.

The Land Council for the area in which Aboriginal land or a road is situated may issue a permit to a person to enter onto and remain on that Aboriginal land or use that road subject to such conditions as the Land Council thinks fit.

The traditional Aboriginal owners of an area of Aboriginal land may issue a permit to a person to enter onto and remain on that

Aboriginal land, or use a road that is bordered by that Aboriginal land, subject to such conditions as the traditional Aboriginal owners think fit.

A permit to enter onto and remain on Aboriginal land or use a road shall be in writing.

A Land Council, or the traditional Aboriginal owners, may delegate all or part of its or their authority to issue permits under this section and such delegation may be made upon such conditions as the Land Council, or the traditional Aboriginal owners, as the case may be, think fit.

A Land Council may revoke a permit issued by it, under its authority, by the traditional Aboriginal owners or under the authority of the traditional Aboriginal owners over Aboriginal land or a road which is within the area for which it is established.

The traditional Aboriginal owners of an area of Aboriginal land may revoke a permit issued by them, under their authority, by a Land

Council or under the authority of a Land Council, where the permit relates to the area of Aboriginal land of which those Aboriginals are traditional Aboriginal owners, or a road that is bordered by that

Aboriginal land.

A Land Council shall, before commencing to issue permits for an area of Aboriginal land or a road, consult with and come to an agreement with the traditional Aboriginal owners of the area, or the area that borders the road, as to the terms and conditions upon which the Land Council may issue permits or delegate its authority to issue permits.

Notwithstanding the provisions of section 4, the Aboriginal Land

Council for the area in which an area of Aboriginal land is situated or the traditional Aboriginal owners of an area of Aboriginal land may, by notice published in a newspaper or broadcast over a radio station, waive the requirement for a permit to enter the Aboriginal land or use a road bordered by that Aboriginal land specified by the

Land Council or the traditional Aboriginal owners in the notice for the period or periods specified in that notice and the requirements of section 4 shall not apply over that area, or in respect of that road, for that period or those periods.

Where a person has applied to a Land Council or traditional

Aboriginal owners for a permit to use a road in respect of which, under this Part, that Council or those owners have the authority to issue a permit, and that Land Council or those traditional Aboriginal owners, as the case may be, have refused to issue the permit sought or have not, within a reasonable time, so issued the permit, the person may apply to the Administrator who may issue the permit to use the road subject to the conditions set out in the permit.

Where a person who is employed under or by virtue of an Act or as a member of the personal staff of a Minister, the Leader of the

Opposition or the Deputy Leader of the Opposition, has a need, in the performance of his duties, to enter upon and remain on Aboriginal land or to use a road, the Minister may issue a permit which will, subject to any law in force in the Territory, authorize the person to whom it is issued to enter and remain on Aboriginal land or to use a road subject to the conditions set out in the permit.

A permit issued under subsection (1):

shall be in writing and shall contain the name, the signature and an identification photograph of the person to whom the permit is issued;

shall specify the area of Aboriginal land or the road that the person to whom the permit is issued is permitted to enter and remain on or use;

shall specify that the permit is issued to allow the person to whom it is issued to enter and remain on Aboriginal land or use the road in the course of his duty only; and

may contain conditions and restrictions subject to which the permit is issued.

A permit issued under subsection (1) may be revoked by the

Minister upon the request of the relevant Land Council.

A permit issued under section 6 to a person who is required, in the normal performance of his duties, to reside on Aboriginal land or use a road shall, unless expressed to the contrary, be deemed to be a permit issued in respect of the person and any of the following persons if they are living with the person:

any spouse or de facto partner of the person;

any infants.

The following persons may enter and remain on Aboriginal land:

the Administrator, or an Acting Administrator, acting in the course of his or her duty;

a member of the Legislative Assembly engaged on the business of the Assembly;

a member of either House of the Commonwealth Parliament engaged on the business of the Parliament;

a candidate for election as a Senator for the Northern Territory or as a member of the House of Representatives for a Northern

Territory electorate;

a candidate for election as a member of the Legislative Assembly for the purposes of conducting his or her campaign.

Nothing contained in this Part authorizes the entry of a person to a dwelling without the permission of the owner or the occupant.

For the purposes of this section dwelling includes the living area of a camp occupied by or belonging to an Aboriginal.

It shall be a defence to a charge under section 4(1) if the person charged proves that:

the entry onto Aboriginal land or use of the road was due to necessity, or beyond his control;

it was impractical, in the circumstances, to apply for a permit;

and

he removed himself from the Aboriginal land or the road as soon as it was practicable in the circumstances.