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 Indigenous Australians are people with familial heritage from, or recognised membership of, the various ethnic groups living within the territory of contemporary Australia prior to History of Australia (1788–1850), British colonisation. The ...

(both

Aboriginal Australians Aboriginal Australians are the various indigenous peoples of the Mainland Australia, Australian mainland and many of its islands, excluding the ethnically distinct people of the Torres Strait Islands. Humans first migrated to Australia (co ...

and Torres Strait Islander people) 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. Land councils are self-supporting, and not funded by state or federal taxes. The first land councils were created in the

Northern Territory The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...

under the ''

Aboriginal Land Rights Act 1976 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 tradi ...

'', with the states later creating their own legislation and system of land councils.

Aboriginal land trust In Australia, an Aboriginal land trust (ALT) is a type of Non-profit organization, non-profit organisation that holds the Freehold (law), freehold title to an area of Real property, land on behalf of a community of Aboriginal Australians. The land ...

s (ALTs) were also set up under the Act, which hold the freehold title to the land granted under the Act. There are 151 Aboriginal land trusts, holding nearly 50 percent of the land in the NT, which is administered by one of four land councils in the Territory, depending on location. Land councils must ensure that they act on the advice and with the consent of the traditional owners; control over Aboriginal-owned land thus lies with the traditional owners, represented by the land council. Each state has a different system relating to Aboriginal-owned land, with the representative bodies given varying names. In

New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...

, there is also a network of local Aboriginal land councils (LALCs), which form a network of organisations close to their communities and support the larger land council, but these bodies do not administer land owned freehold by Aboriginal people.

Background and description

The ''Aboriginal Land Rights Act 1976'', a piece of federal government legislation, was the first law by any Australian government that legally recognised the Aboriginal system of land ownership, legislating the concept of inalienable freehold title, and thus the first of all Aboriginal land rights legislation in Australia. Title to the freehold land thus granted is held by Aboriginal land trusts, also created by the Act. While it applied only to the

, this law provided the basis on which Aboriginal peoples could claim land rights based on traditional occupation, and it set a precedent which was followed by the other states. The Land Rights Act also created Aboriginal land trusts (ALTs), which hold the freehold title to the land granted under the Act. Land councils must ensure that they act on the advice and with the consent of the traditional owners; control over Aboriginal-owned land thus lies with the traditional owners, represented by the land councils. The various state laws "effectively confer collective title to or for the benefit of traditional owners", with rights that frequently enable the pursuit of economic development opportunities for the

traditional owner Native title is the set of rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title right ...

s. Land councils are not the same as Registered Native Title Body Corporates (RNTBCs), which are funded by the federal government.

Native title in Australia Native title is the set of rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title righ ...

includes rights and interests that relate to land and waters held by Indigenous people under traditional laws and customs, recognised by the

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

in accordance with the '' Native Title Act 1993'' (Cth). These bodies (also known as Prescribed Bodies Corporate or PBCs), hold, manage and protect native title on behalf of traditional owners, but do not own land. Text has been copied from this source, which is available under
Attribution 4.0 International (CC BY 4.0)
licence. (Se
here
) The states' land councils (or equivalents) also have responsibilities under the ederal''Native Title Act''. Land councils are not funded by state or federal taxes, but finance themselves.

In the states and territories

The ''Aboriginal Land Rights Act 1976'' created the

Central Land Council The Central Land Council (CLC) is a land council that represents the Aboriginal peoples of the southern half of the Northern Territory of Australia (NT), predominantly with regard to land issues. it is one of four land councils in the Northern ...

and the Northern Land Council in the Northern Territory; two others ( Tiwi Land Council and Anindilyakwa Land Council) were created later. It also created 151 Aboriginal land trusts, holding nearly 50 percent of the land in the NT, which is administered by one of four land councils, depending on location. Under the Act, traditional owners hold decision-making powers over the use of Aboriginal land. Land Councils assist traditional owners to acquire and manage their land. Royalty equivalents for mining activity on Aboriginal land in the Northern Territory are paid to the Aboriginals Benefit Account, administered by the federal government. In

, a network of local Aboriginal land councils (LALCs) and a state land council were set up by the ''

Aboriginal Land Rights Act 1983 The ''Aboriginal Land Rights Act 1983'' (NSW) is an Act of the Parliament of New South Wales which was enacted to return land to Aboriginal peoples through a process of lodging claims for certain Crown lands and the establishment of Aborigin ...

''. but these bodies do not administer land owned freehold by Aboriginal people. In

Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...

, there is both Aboriginal and Torres Strait Islander freehold land, governed by the ''

Aboriginal Land Act 1991 Aborigine, aborigine or aboriginal may refer to: *Aborigines (mythology), the oldest inhabitants of central Italy in Roman mythology * Indigenous peoples, general term for ethnic groups who are the earliest known inhabitants of an area *One of sev ...

'' (Qld) and the '' Torres Strait Islander Land Act 1991'' (Qld), although this only makes up 5 percent of the land in the state. This type of land is held by either a

land trust Land trusts are nonprofit organizations which own and manage land, and sometimes waters. There are three common types of land trust, distinguished from one another by the ways in which they are legally structured and by the purposes for which th ...

established under one of the Acts, or a corporation termed a "CATSIA body" (because they are created under the Commonwealth '' Corporations (Aboriginal and Torres Strait Islander) Act 2006'' or "CATSI Act"), which may be a Registered Native Title Body Corporate (RNTBC). Another type of land tenure peculiar to Queensland is the land (mostly former Aboriginal reserves) created under a Deed of Grant in Trust (DOGIT). DOGIT land is held in collective title rather than individual titles; it is held for future generations and cannot be sold. DOGITs are in the process of converting parts of the collective title to freehold title, but only for land in

urban area An urban area is a human settlement with a high population density and an infrastructure of built environment. Urban areas originate through urbanization, and researchers categorize them as cities, towns, conurbations or suburbs. In urbani ...

s. In

South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...

, the three Aboriginal landholding authorities are the (South Australian) Aboriginal Lands Trust, Anangu Pitjantjatjara Yankunytjatjara (APY) and Maralinga Tjarutja, all

statutory bodies A statutory body or statutory authority is a body set up by law (statute) that is authorised to implement certain legislation on behalf of the relevant country or state, sometimes by being empowered or delegated to set rules (for example reg ...

. Text may have been copied from this source, which is available under
Attribution 3.0 Australia (CC BY 3.0 AU)
licence. The ALT was created under the '' Aboriginal Lands Trust Act 1966'', but since 1 July 2014 has been governed by the '' Aboriginal Lands Trust Act 2013''. The

South Australian Government The Government of South Australia, also referred to as the South Australian Government or the SA Government, is the executive branch of the state of South Australia. It is modelled on the Westminster system, meaning that the highest ranking mem ...

provides land rights administration funding to the ALT and works with the Trust on a range of economic, community development and landcare projects across the state. Text may have been copied from this source, which is available under
Attribution 3.0 Australia (CC BY 3.0 AU)
licence. APY was created by the '' APY Land Rights Act 1981'', as amended in 2016–2017, and has an elected Executive Board. Text may have been copied from this source, which is available under
Attribution 3.0 Australia (CC BY 3.0 AU)
licence. The government is also able to transfer other

crown land Crown land, also known as royal domain, is a territorial area belonging to the monarch, who personifies the Crown. It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it. Today, in Commonwealth realm ...

to the control of the Trust.Aboriginal Lands Trust Act 1966
South Australian Acts (Point-in-Time). Retrieved on 29 January 2012. In

Tasmania Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The sta ...

, ownership of several areas was transferred to a land council, in trust for Aboriginal Tasmanians, via the '' Aboriginal Lands Act 1995''. In Victoria, various pieces of legislation between 1970 and 1991 transferred specific land to Aboriginal communities. Victorian laws provide for organisations called Registered Aboriginal Parties, which may provide functions in relation to Aboriginal people similar to those provided by land councils. Most of these are also Registered Native Title Body Corporate (RNTBCs). In

Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...

, the '' Aborigines Act 1889'' allowed Crown lands to be reserved for, but not transferred to, Aboriginal people. The Aboriginal Lands Trust (ALT) was created under the ''Aboriginal Affairs Planning Authority Act 1972'', and has responsibility for about , the equivalent of around 10% of the state's land. There are many regional and remote communities living on 44 reserves situated on this land, represented by a number of land councils.

List of land councils by state

New South Wales

NSW Aboriginal Land Council The NSW Aboriginal Land Council (NSWALC) is the peak representative body of Aboriginal Australians in New South Wales. It has the mandate, under the ''Aboriginal Land Rights Act 1983'' (NSW), to develop land rights among Aboriginal people in New ...

(oversees 120 local land councils) * Metropolitan Local Aboriginal Land Council

Northern Territory

covering the southern part of mainland Northern Territory * Northern Land Council covering the

Top End The Top End of Australia's Northern Territory is a geographical region encompassing the northernmost section of the Northern Territory, which aside from the Cape York Peninsula is the northernmost part of the Australian continent. It covers a ...

, the northern part of mainland Northern Territory * the Tiwi Land Council covering

Tiwi Islands The Tiwi Islands ( meaning "two islands") are part of the Northern Territory, Australia, to the north of Darwin, Northern Territory, Darwin adjoining the Timor Sea. They comprise Melville Island, Northern Territory, Melville Island, Bathurst I ...

north of Darwin * the Anindilyakwa Land Council covering Groote Eylandt in the

Gulf of Carpentaria The Gulf of Carpentaria is a sea off the northern coast of Australia. It is enclosed on three sides by northern Australia and bounded on the north by the eastern Arafura Sea, which separates Australia and New Guinea. The northern boundary ...

Queensland

* North Queensland Land Council * Central Queensland Land Council *

Torres Strait Regional Authority The Torres Strait Regional Authority is an Australian Government body established in 1994 to administer the Torres Strait Islands. It consists of 20 elected representatives. The primary function of the authority is to strengthen the economic, ...

* Cape York Land Council

South Australia

* Anangu Pitjantjatjara Yankunytjatjara * Maralinga Tjarutja * South Australian Aboriginal Lands Trust

Tasmania

* Tasmanian Aboriginal Land and Sea Council

Victoria

, the 11 Registered Aboriginal Parties (RAPs) cover around 66% of the state. They are: * Barengi Gadjin Land Council Aboriginal Corporation *

Bunurong Land Council Aboriginal Corporation The Bunurong Land Council Aboriginal Corporation is a Registered Aboriginal Party and incorporated association representing the Bunurong (Boon wurrung) community in the state of Victoria, Australia, Victoria, Australia, particularly in matters re ...

* Dja Dja Wurrung Clans Aboriginal Corporation * Eastern Maar Aboriginal Corporation * First people of the Millewa Mallee Aboriginal Corporation * Gunaikurnai Land and Waters Aboriginal Corporation * Gunditj Mirring Traditional Owners Aboriginal Corporation (GMTOAC) * Taungurung Land and Waters Council Aboriginal Corporation * Wathaurung Aboriginal Corporation (trading as Wadawurrung) *

Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation The Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation, previously the Wurundjeri Tribe Land and Compensation Cultural Heritage Council, is a Registered Aboriginal Party representing the Wurundjeri people, an Aboriginal Australian ...

* Yorta Yorta Nation Aboriginal Corporation (YYNAC)

Western Australia

* South West Aboriginal Land and Sea Council * Yamatji Bana Baaba Marlpa Land and Sea Council * Goldfields Land and Sea Aboriginal Council Corporation * Kimberley Land Council * Ngaanyatjarra Council (Aboriginal Corporation)

References

External links

* * * * * - Annual reports of the Aboriginal and Torres Strait Islander Social Justice Commissioner on social justice matters since 1993 * - Annual reports of the Aboriginal and Torres Strait Islander Social Justice Commissioner on native title matters since 1994 {{Indigenous Australians