Disclaimer

The information contained in the nine (9) PowerPoint presentations is intended for general use to assist qualified Extension Officers to communicate the material covered in the Manual “Managing Indigenous Pastoral Lands” to Indigenous pastoralists and their advisors and other stakeholders. It includes general statements based on scientific research. Extension officers are advised to seek training in the delivery of the PowerPoints where necessary.

Trainers and audiences are advised, and need to be aware, that this information may be incomplete or unsuitable for use in specific situations. Whilst all care has been taken to ensure that all information is true and correct at the time of publication, McClelland Rural Services Pty Ltd gives no warranty or assurance, and make no representation as to the accuracy of any material or advice contained in these PowerPoints. Before taking any action or decision based on the information in the PowerPoint presentations, readers should seek expert professional, scientific, technical and legal advice.

To the extent permitted by law, the McClelland Rural Services Pty Ltd (including its employees and consultants), the authors and its partners do not assume liability of any kind whatsoever resulting from any person’s use or reliance upon the contents of these PowerPoints, or if changes are made to them.

WARNING: Aboriginal and Torres Strait Islander attendees should be aware that the following presentations may contain images or names of people who have since passed away.

Introduction

This module provides an overview of land related information in the areas of land rights and land tenure

It also talks about Land Councils, land use agreements and mining activity on Indigenous Land

Land Rights And Pastoral Land Holdings

Indigenous land rights struggles have resulted in owning a lot of country in

Northern Australia

Land Rights And Pastoral Land Holdings

Northern Land Tenure

Understanding the rules and regulations of the various

state land acts is important

Land Rights And Pastoral Land Holdings

Know your rights when dealing with mining

interests

Land Rights And Pastoral Land Holdings

Government departments can offer assistance under Indigenous Pastoral Programs

Land Rights And Pastoral Land Holdings

Land Tenure

Land Tenure

Land tenure is the system of

rules and conditions

under which land may be

held

Land Tenure• Native title is based on

traditional Indigenous ownership of land and waters

• Land rights are a legislative response by parliaments to those traditional rights

Indigenous Land Holding Arrangements NT

Indigenous Land Holding Arrangements NT

• Most Indigenous land is classed as Aboriginal freehold

• Land Councils were established to manage the Aboriginal Land Trust Areas

• Aboriginal land cannot be bought, sold or used to get funds through loans

• There are no restrictions on what business activities can be conducted on Aboriginal freehold land, but:

Indigenous Land Holding Arrangements NT

Permitted Land Uses NT

• Land uses have to be agreed to by Land Councils

• NT Land Council carries out the work to make sure proposals are fair.

Indigenous Land Holding Arrangements QLD

Indigenous Land Holding Arrangements QLD

• Land can be granted to Indigenous corporations registered under the Commonwealth Government’s Corporations

• The State Rural Leasehold Land Strategy manages the renewal of Pastoral Leases

• Land can be granted to corporations registered under the Commonwealth Government’s Corporations

• The State Rural Leasehold Land Strategy manages the renewal of Pastoral Leases

Indigenous Land Holding Arrangements QLD

• The Aboriginal and Torres Strait Islander Land Holding Bill provides a framework and requirements for Indigenous land access and use on State rural leasehold land

Permitted Land Uses Qld

Indigenous Land Holding Arrangements WA

The Aboriginal Land Trust acquired pastoral leases for the benefit of Aboriginal people and most have been handed back to the community

Indigenous Land Holding Arrangements WA

• All pastoral leases expire at the end of June 2015

• Lessee’s duties in regard to leased land are set out in the Land Administration Act

Indigenous Land Holding Arrangements WA

Permitted Land Uses WA

• In WA a pastoral lease must only be used for pastoral purposes

• It must be used for the raising of livestock as its major source of income

• Special permission should be sought from the Minister for other land uses

Forms of Land Acquisition

Forms of Land Acquisition

• The Indigenous Land Corporation (ILC) is active in acquiring and divesting leasehold properties

• Joint Ventures may be entered into with mining companies to purchase land for both mining and Indigenous pastoral uses

• The WA Government established the Aboriginal Land Trust (ALT) under the Aboriginal Affairs Planning Authority Act 1972 (WA) (WAAAPA Act) to acquire, manage and use land for the benefit of Aboriginal people

Role of Land Councils

• To ensure that Aboriginal way of life is respected and followed on Aboriginal land

• That relevant Aboriginal people make informed decisions

• In the NT, the Land Councils are governed by the Aboriginal Land Rights

• In Qld and WA the Land Councils are governed by the Native Title Act

Role of Land Councils

Indigenous Land Use Agreements are governed by the Native Title Act

Land Use Agreements

Mining Tenures Indigenous Land

Mining operations work with relevant State and Territory

laws to allow the state Governments to grant mining

title

The NT Minister for Mines and Energy cannot issue a licence or

permit unless the applicant and the Land Council have entered into an

agreement

Mining Tenures Indigenous LandNT

• The Native Title Act applies to the grant of a tenement by the State over land subject to native title

• The State must comply with the NTA when granting authorities to prospect

Mining Tenures Indigenous Land Qld

The ownership of all minerals is vested with the State

Mining Tenures Indigenous LandWA

Income from Mining on Indigenous Land

• Income from mining can assist the development of Indigenous pastoral properties

• Mining companies can offer help under their Corporate Social Responsibility policies

Income from Mining on Indigenous Land

• Royalties paid to the NT and Federal Governments for mining on Aboriginal land is paid to the Aboriginals Benefits Account

• The ABA distributes 30% of the income to affected Aboriginal people and 40% to the Land Councils

Income from Mining on Indigenous Land

NT

The trustee of the land is entitled to receive a percentage of the royalties paid to the Government

Income from Mining on Indigenous Land

QLD

Income from Mining on Indigenous Land

WA

The Aboriginal Land Trust pays all royalties to the affected communities

• Know and understand your rights and obligations under land tenure

• Know the rules for being able to diversify your business

• Know your rights when it comes to mining on your land

SUMMARY

Land Information