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Native Title Report 2007: Appendix 3

Native Title Report 2007

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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: s83

Aboriginal 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.