Module 3 - Rural Industries Research and Development Corporation

Report
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
Land Rights And Pastoral Land
Holdings
Indigenous land rights struggles have
resulted in owning a lot of country in
Northern Australia
Northern Land Tenure
Land Rights And Pastoral Land Holdings
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 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
Indigenous Land Holding Arrangements
NT
• 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:
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
Indigenous Land Holding Arrangements
QLD
• 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
Permitted Land Uses 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
Indigenous Land Holding
Arrangements WA
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
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
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
Land Use Agreements
Indigenous Land Use Agreements are
governed by the Native Title Act
Mining Tenures Indigenous Land
Mining operations work with relevant State
and Territory laws to allow the state
Governments to grant mining title
Mining Tenures Indigenous Land
NT
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 Land
Qld
• 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
WA
The ownership of all minerals is vested
with the State
Income from Mining on
Indigenous Land
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
NT
• 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
QLD
The trustee of the land is entitled to
receive a percentage of the royalties paid
to the Government
Income from Mining on Indigenous Land
WA
The Aboriginal Land Trust pays all
royalties to the affected communities
Land Information
SUMMARY
• 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

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