Native Title Report 2007: Appendix 3
Understand the Mabo principles on Aboriginal land rights and the Native Title Act process outlined in Native Title Report 2007 Appendix 3, recognising the
Summary
To acknowledge the importance of land to Aborigines and its spiritual, social, cultural and economic significance and provide a process to return land.
Native Title Report 2007
Appendix 3
Types of corporations holding land interests
| Land corporation/association/trust | Legislation | Aim |
| Jurisdiction: Commonwealth | ||
| Indigenous corporation, ‘Prescribed Body Corporate (PBC)' as agent or trustee for common law native title holders | Native Title Act 1993 and Native Title (Prescribed Bodies Corporate) Regulations 1999 | To recognise and protect native title, set up a process to determine claims for native title. Applies throughout Australia. |
| Aboriginal Land Trusts - consisting of Aboriginal people resident in the regional Land Council area | Aboriginal Land Rights (Northern Territory) Act 1976 | Granting of title for traditional Aboriginal owners in the Northern Territory only. |
| Wreck Bay Aboriginal Community Council: ss4, 6(a) | Aboriginal Land Grant (Jervis Bay Territory) Act 1986 | To grant land to the Wreck Bay Aboriginal community at Jervis Bay in the ACT. |
| Kerrup-Jmara Elders Aboriginal Corporation at Lake Condah. Kirrae Whurrong Aboriginal Corporation at Framlingham Forest | Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 | To provide for vesting of land for certain Aboriginal communities in Victoria by the Commonwealth at the request of the Victorian Government. |
| Jurisdiction: New South Wales | ||
| Local Aboriginal Land Councils (LALC) or the New South Wales Aboriginal Land Council (NSWALC) can acquire, hold and deal with land | Aboriginal Land Rights Act 1983 | To acknowledge the importance of land to Aborigines and its spiritual, social, cultural and economic significance and provide a process to return land. |
| NSWALC or LALC as per Aboriginal Land Rights Act 1983 (NSW) – see above | National Parks and Wildlife Act 1974 | Provides for the ownership of approved areas that are national parks, nature reserves, a historic site, or state conservation area, regional park, karst conservation reserve or Aboriginal areas that are of ‘cultural significance' to Aboriginal people: s71D, 71Y. The particular areas are in Schedule 14 of the Act. |
| Jurisdiction: Northern Territory The landmark Indigenous land rights legislation in Australia, the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) applies to the Northern Territory, but is listed in the Commonwealth jurisdiction (above) because it is a federal Act. | ||
| Aboriginal Association representing the community | Pastoral Land Act 1992 | To provide land title for Aboriginal communities (a living area) on pastoral lease land based on historical association and present need: s92(1). |
| Jurisdiction: South Australia | ||
| State-wide Aboriginal Land Trust – Aboriginal persons appointed by government including Minister's representative | Aboriginal Lands Trust Act 1966 | To grant land (previously set aside as Aboriginal reserves) directly to the control of an Aboriginal body. |
| Anangu Pitjantjatjara (AP) – a body corporate comprising all the traditional owners in the area | Pitjantjatjara Land Rights Act 1981 | To provide ownership directly to the Traditional Owners. |
| Maralinga Tjarutja (MT) – a body corporate comprising all the traditional owners in the area | Maralinga Tjarutja Land Rights Act 1984 | To provide ownership directly to the traditional owners. |
| Jurisdiction: Queensland | ||
| Trustees appointed by the Minister: ss28, 65 and Part 3 Aboriginal Land Regulation 1991 (Qld) | Aboriginal Land Act 1991 | To provide for the claim and grant of, land to Aboriginal people and foster self-development, self-reliance and cultural integrity. |
| As above. Similar provisions to Aboriginal Land Act 1991 (Qld) apply | Torres Strait Islander Land Act 1991 | As above. Similar provisions to Aboriginal Land Act 1991 (Qld) apply. |
| Community Councils and later trustees of Aboriginal land under Aboriginal Land Act. | Aborigines and Torres Strait Islanders (Land Holding) Act 1985 | To provide secure title (individual leases) to Indigenous community members on communal land. |
| Community Councils as trustee | Land Act 1994 | Create public reserves including for Indigenous people (Schedule 1 Community Purposes). |
| Jurisdiction: Victoria | ||
| Aboriginal Trust consisting of residents only | Aboriginal Lands Act 1970 | To make permanent the land grant and vest the land in the local resident community. Applies to Lake Tyers and Framlingham Aboriginal communities only. |
| Aborigines Advancement League Inc | Aboriginal Lands (Aborigines' Advancement League) (Watt Street) Northcote) Act 1982 | Vest the Crown grant of land in the trustees of the Advancement League. |
| Aborigines Advancement League Inc. | Aboriginal Land (Northcote Land) Act 1989 | Permanently vest block of land for Aboriginal community purposes. |
| Wurundjeri Tribe Land and Compensation Cultural Heritage Council Inc. Goolum Goolum Aboriginal Co-operative Ltd. Gippsland & East Gippsland Aboriginal Co-operative Ltd. | Aboriginal Lands Act 1991 | Grant of specific blocks of land for cultural and burial purposes. |
| Murray Valley Aboriginal Co-operative Ltd | Aboriginal Land (Manatunga Land) Act 1992 | Grant of land at Robinvale and to extinguish existing leases and other en-cumbrances: s1. |
| Jurisdiction: Tasmania | ||
| Aboriginal Land Council – state-wide elected Aboriginal body corporate | Aboriginal Lands Act 1995 | To promote reconciliation …by granting certain parcels of land of historic or cultural significance. |
| Jurisdiction: Western Australia | ||
| Crown through Aboriginal Land Trust (ALT) appointed by Minister or Aboriginal Affairs Planning Authority | Aboriginal Affairs Planning Authority Act 1972 | For the economic, social and cultural advancement of persons of Aboriginal descent in Western Australia. |
| Aboriginal person or approved Aboriginal Corporation: s83Aboriginal reserves generally vested in ALT see Aboriginal Affairs Planning Authority Act 1972 above; or resident Aboriginal Corporation. | Land Administration Act 1997 | To provide Crown land for benefit of Aboriginal persons. |
Land corporation/association/trust
Legislation
Aim
Jurisdiction: Commonwealth
Jurisdiction: Northern Territory The landmark Indigenous land rights legislation in Australia, the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) applies to the Northern Territory, but is listed in the Commonwealth jurisdiction (above) because it is a federal Act.
Jurisdiction: South Australia
Jurisdiction: Queensland
Jurisdiction: Victoria
Jurisdiction: Tasmania
Jurisdiction: Western Australia