The Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA) is Australian federal government legislation that provides the basis upon which Aboriginal Australian people in the Northern Territory can claim rights to land based on traditional occupation.
It was the first law by any Australian government that legally recognised the Aboriginal system of land ownership, and legislated the concept of inalienable freehold title, as such was a fundamental piece of social reform.
[2] The Liberal government, led by Malcolm Fraser, reintroduced a similar Bill, and this was signed by the Governor-General of Australia on 16 December 1976.
[4][5] It established the legal basis on which Aboriginal people could claim rights to land based on customary or traditional occupation, also known as native title, if evidence could be shown.
[2] The Act allows for a claim of Australian native title if claimants can provide evidence of their traditional association with land.
Royalties paid to the NT and Federal governments for the use of the land are processed and directed to the Aboriginals Benefit Account (ABA) (Part VI of the Act[6]) and the funds are to be used for certain purposes prescribed by the Act which benefit Aboriginal peoples in the NT.
[5]) A significant review of the Act (referred to as ALRA) was undertaken from October 1997, when the government appointed barrister John Reeves to examine its effectiveness, operation of aspects relating to mining and the Aboriginal Benefits Trust Account, and the role of the Land Councils.
[7] After examination of the recommendations by various bodies in the following years, the Northern Territory Government and the Land Councils produced a joint response in June 2003, in their Detailed Joint Submission to the Commonwealth - Workability Reforms of the Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA).
Over some years, the issue of private versus communal ownership of Aboriginal land was considered and debated by many parties, including Warren Mundine, Mick Dodson, Galarrwuy Yunupingu, Noel Pearson and others.
[7] Tom Calma commented at length in July 2006, starting with three main concerns: that the amendments had been made without the full understanding and consent of traditional owners and Indigenous Northern Territorians; that the intention of the amendments was to reduce the capacity for Indigenous people to have decision making influence over their lands; and that it was likely that the amendments would have a range of negative impacts on Indigenous peoples’ rights and interests.
The Aboriginal Land Rights (Northern Territory) Amendment Bill 2006, in effect from 1 July 2007,[9] added several clauses to the Act.
Each sub-agreement (S.19 Lease or Licence) is subject to a clear process of consultation to ensure input/approval by current TOs and residents.