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Aboriginal land rights in Australia are return of lands to Aboriginal Australians by the Commonwealth, state or territory governments of Australia based on recognition of dispossession. Different types of land rights laws exist in Australia, allowing for the renewed ownership of land to Aboriginals [Aboriginal Australians] under various conditions. Land rights schemes are in place in the Northern Territory, Queensland, New South Wales, South Australia, Victoria and Tasmania. [1] The land titles may recognise traditional interest in the land and protect those interests by giving Aboriginal people legal ownership of that land. Plus:
According to the National Native Title Tribunal:
A successful land rights claim usually results in a special grant of freehold title or perpetual lease. A title document for the land is issued. The title is normally held by a community or an organisation, not by individuals. There are usually some restrictions on selling, and dealing with, land that has been granted in a land rights claim. Normally, the land will be passed down to future generations in a way that recognises the community’s traditional connection to that country. [1]
The passing of Aboriginal land rights legislation in Australia was preceded by a number of important Aboriginal protests, including the 1946 Aboriginal Stockmen's Strike, the 1963 Yolngu Bark Petition, and the 1966 Wave Hill Walk-Off.
The Aboriginal Lands Trust Act 1966 (SA) established the South Australian Aboriginal Lands Trust. [2] This was the first land rights law in modern times and predated the 1967 Referendum. It allowed for parcels of Aboriginal land previously held by the SA Government, to be handed to the Aboriginal Lands Trust of SA under the Act. It was held in perpetuity for the benefit of Aboriginal South Australians. The Trust was governed by a Board composed solely of Aboriginal people. In the 2013 Review of the Act, the powers of the Trust were reviewed and changed to modernise the Trust and the Aboriginal Lands Trust of South Australia Act 2013 (SA) was passed.[ citation needed ]
In the 1970s, Indigenous Australians (both Australian Aboriginal people and Torres Strait Islanders) became more politically active, and a powerful movement for the recognition of Aboriginal land rights emerged.[ citation needed ]
In 1971, Justice Richard Blackburn of the Supreme Court of the Northern Territory ruled against the Yolngu in Milirrpum v Nabalco Pty Ltd (the "Gove land rights case") under the principle of terra nullius . [3] However, Justice Blackburn did acknowledge the claimants' ritual and economic use of the land and that they had an established system of law (Madayin). In this way, this was the first significant legal case for Aboriginal Land Rights in Australia.[ citation needed ]
In the wake of Milirrpum, the Aboriginal Land Rights Commission (also known as the "Woodward Royal Commission") was established in the Northern Territory in 1973. This Royal Commission, chaired by Justice Woodward, made a number of recommendations in favour of recognising Aboriginal Land Rights. [4] Taking up many of these recommendations, the Whitlam Labor Government introduced an Aboriginal Land Rights Bill to Parliament; however, this lapsed upon the dismissal of the government in 1975. The succeeding conservative government, led by Malcolm Fraser, reintroduced a Bill, though not of the same content, and it was signed by the Governor-General of Australia on 16 December 1976.[ citation needed ]
The Aboriginal Land Rights Act 1976 established the basis upon which Aboriginal people in the Northern Territory could claim rights to land based on traditional occupation. The statute, the first of the Aboriginal land rights acts, was significant in that it allowed a claim of title if claimants could provide evidence of their traditional association with land. Four Land Councils were established in the Northern Territory under this law.[ citation needed ]
The Aboriginal Land Rights Act 1976 established a procedure that transferred almost 50 per cent of land in the Northern Territory (around 600 000 km2) to collective Aboriginal ownership. [5] The subsequent Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 had a similar effect in South Australia.
In 1981 South Australian Premier David Tonkin returned 102,650 square kilometres of land (10.2% of the state's land area) to the Pitjantjara Yankunytjatjara people. The land rights legislation was introduced by Premier Don Dunstan in November 1978, several months prior to his resignation from Parliament. An amended bill, following extensive consultation, was passed by the Tonkin Liberal Government. In 1984 Premier John Bannon's Labor Government passed legislation to return lands to the Maralinga Tjarutja people. The legislation was proclaimed in January 1985 and was followed by a ceremony in the desert attended by Maralinga Tjarutja leader Archie Barton, John Bannon and Aboriginal Affairs Minister Greg Crafter. [6] In May 2004, following the passage of special legislation, Premier Mike Rann handed back title to 21,000 square kilometres of land to the Maralinga Tjarutja and Pila Nguru people. The land, 1000 km Northwest of Adelaide and abutting the Western Australia border, was then called the Unnamed Conservation Park. It is now known as Mamungari Conservation Park. It includes the Serpentine Lakes and was the largest land return since 1984. At the 2004 ceremony Premier Rann said the return of the land fulfilled a promise he made to Archie Barton in 1991 when he was Aboriginal Affairs Minister after he passed legislation to return lands including the sacred Ooldea area (which also included the site of Daisy Bates' mission camp) to the Maralinga Tjarutja people. [7] The Maralinga Tjarutja lands now total 102,863 square kilometres.
Paul Coe, in Coe v Commonwealth (1979), attempted (unsuccessfully) to bring a class action on behalf of all Aborigines claiming all of Australia. [8]
In 1995 the Aboriginal Land Corporation was established by the Federal Government to assist Aboriginal Australians to acquire land and manage Aboriginal held land sustainably and in a manner that provides cultural, social, economic and environmental benefits for themselves and future generations. The corporation is funded by an annual payment from the investment returns of the Australian Government's Aboriginal and Torres Strait Islander Land Account. [5]
Local government in the Australian state of South Australia describes the organisations and processes by which towns and districts can manage their own affairs to the extent permitted by section 64A of Constitution Act 1934 (SA).
Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is "the recognition by Australian law that Aboriginal people have rights and interests to their land that come from their traditional laws and customs". The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by local Aboriginal Australians which survived the acquisition of radical title to the land by the Crown at the time of sovereignty. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title over the same land.
Maralinga in the remote western areas of South Australia was the home of the Maralinga Tjarutja, a southern Pitjantjatjara people, an Aboriginal Australian people. Maralinga was the site of the British nuclear tests in the 1950s. The site measures about 3,300 square kilometres (1,300 sq mi) in area.
The Pitjantjatjara are an Aboriginal people of the Central Australian desert. They are closely related to the Yankunytjatjara and Ngaanyatjarra and their languages are, to a large extent, mutually intelligible.
The Pila Nguru, often referred to in English as the Spinifex people, are an Aboriginal Australian people of Western Australia, whose lands extend to the border with South Australia and to the north of the Nullarbor Plain. The centre of their homeland is in the Great Victoria Desert, at Tjuntjunjarra, some 700 kilometres (430 mi) east of Kalgoorlie, perhaps the remotest community in Australia. The Pila Nguru were the last Australian people to have dropped the complete trappings of their traditional lifestyle.
Kalka is a small Aboriginal community in the Anangu Pitjantjatjara Yankunytjatjara Lands in South Australia administered under the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981.
Oak Valley is the only community of Maralinga Tjarutja Aboriginal Council (AC) Local Government Area (LGA), South Australia. The population of the LGA was 105 people all in Oak Valley. It is approximately 128 km NNW of the original Maralinga township. It is named for the desert oaks that populate the vicinity of the community.
The Maralinga Tjarutja is the corporation representing the traditional Anangu owners of the remote western areas of South Australia known as the Maralinga Tjarutja lands. It is one of the four regions local government areas of South Australia classified as an Aboriginal Council (AC) and not incorporated within a local government area. This indigenous Australian people whose historic rights over the area have been officially recognised belongs to the southern branch of the Pitjantjatjara people. They have a community centre at Oak Valley, 520 miles NW of Ceduna, and close historical and kinship links with the Yalata 350km south, and the Pila Nguru centre of Tjuntjuntjara 370km to their west.
Musgrave Ranges is a mountain range in Central Australia, straddling the boundary of South Australia and the Northern Territory, extending into Western Australia. It is between the Great Victoria Desert to the south and the Gibson Desert to the north. They have a length of 210 kilometres (130 mi) and many peaks that have a height of more than 1,100 metres (3,600 ft), the highest being Mount Woodroffe at 1,435 metres (4,708 ft).
The Far North is a large region of South Australia close to the Northern Territory border. Colloquial usage of the term in South Australia refers to that part of South Australia north of a line roughly from Ceduna through Port Augusta to Broken Hill. The South Australian Government defines the Far North region similarly with the exception of the Maralinga Tjarutja Lands. the Yalata Aboriginal community and other unincorporated crown lands in the state's far west, which are officially considered part of the Eyre and Western region.
Milirrpum v Nabalco Pty Ltd was the first litigation on native title in Australia. The decision of Justice Richard Blackburn ruled against the claimants on a number of issues of law and fact, rejecting the doctrine of Aboriginal title recognizing that in the law of the time of British colonisation of Australia there was a distinction between settled colonies, where the land, being "desert and uncultivated", was claimed by right of occupancy, and conquered or ceded colonies. The term "desert and uncultivated" included territory in which resided "uncivilized inhabitants in a primitive state of society". The decision noted that the Crown had the power to extinguish native title, if it existed. The issue of terra nullius, later raised in Mabo v Queensland (1992), was not contemplated in this decision.
The Yirrkala bark petitions, sent by the Yolngu people of Arnhem Land to the Australian Parliament in 1963, were the first traditional documents prepared by Indigenous Australians that were recognised by the Australian Parliament, and the first documentary recognition of Indigenous people in Australian law. The petitions asserted that the Yolngu people owned land over which the federal government had granted mining rights to a private company, Nabalco.
James Yami Lester was a Yankunytjatjara man, an Indigenous person of northern South Australia. Lester, who survived nuclear testing in outback Australia, is best known as an anti-nuclear and indigenous rights advocate.
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively.
The Outback Communities Authority (OCA) is a statutory authority in South Australia (SA) created under the Outback Communities Act 2009. It has been established to "manage the provision of public services and facilities to outback communities" which are widely dispersed across the Pastoral Unincorporated Area which covers almost 60% of South Australia's land area. The authority has its seat at both Port Augusta which is located outside the unincorporated area and at Andamooka. The authority serves an area of 624,339 square kilometres, slightly smaller than France. The area has a population of 3,750, of whom 639 are Indigenous Australians, and includes several large pastoral leases and mining operations.
Aṉangu Pitjantjatjara Yankunytjatjara is a large, sparsely populated local government area (LGA) for Aboriginal Australians, located in the remote north west of South Australia. Some of the aṉangu (people) of the Western Desert cultural bloc, in particular Pitjantjatjara, Yankunytjatjara and Ngaanyatjarra, inhabit the Lands.
The Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 grants certain land and other rights to the Anangu Pitjantjatjara Yankunytjatjara in South Australia. It began its life as the Pitjantjatjara Land Rights Act and commenced operation on 2 October 1981. Its long name title is "An Act to provide for the vesting of title to certain lands in the people known as Anangu Pitjantjatjara Yankunytjatjara; and for other purposes". The Act has since had several amendments, the latest in 2017.
Land councils, also known as Aboriginal land councils, or land and sea councils, are Australian community organisations, generally organised by region, that are commonly formed to represent the Indigenous Australians who occupied their particular region before the arrival of European settlers. They have historically advocated for recognition of traditional land rights, and also for the rights of Indigenous people in other areas such as equal wages and adequate housing.
Commonwealth, State, and Territory Parliaments of Australia have passed Aboriginal land rights legislation.
The Aboriginal South Australians are the Indigenous people who lived in South Australia prior to the British colonisation of South Australia, and their descendants and their ancestors. There are difficulties in identifying the names, territorial boundaries, and language groups of the Aboriginal peoples of South Australia, including poor record-keeping and deliberate obfuscation, so only a rough approximation can be given here.
His Honour quotes Kirby in Fejo, who dismissed an argument that the Letters Patent Proviso provides any protection for the rights of Aboriginal People to the occupation or enjoyment of their lands.– refers to Fejo v Northern Territory (1998) 195 CLR 96. (This case is based on s 61 Native Title Act 1993 (Cth).)