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 (both Aboriginal Australians 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.
67-527: 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 traditional occupation. It was the first law by any Australian government that legally recognised the Aboriginal system of land ownership , and legislated
134-528: 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 areas . In South Australia ,
201-530: A S.19A Township Lease, a failure by the Land Council to consult properly with TOs and residents, or a failure to consult at all, does not invalidate the Lease. Maximum term is dependent on the remaining S.19A term. Term is not dependent on S.28A term. Any requirements for consultation for sub-leases would be part of the S.19A head lease. It is possible that no consultation with TOs and residents
268-424: A cabinet minister. The cabinet consists of the prime minister and senior ministers and makes most of the important policy decisions of the government. Members of the cabinet are selected by the prime minister and may be added or removed at any time, usually through a cabinet reshuffle . Cabinet meetings are strictly private and occur once a week where vital issues are discussed and policy formulated. The cabinet
335-710: A fine or prison sentence. (There is also additional protection for sacred sites in the NT under the Northern Territory Aboriginal Sacred Sites Act 1989 .) A significant review of the Act (referred to as ALRA) was undertaken from October 1997, when the government appointed barrister John Reeves to examine its effectiveness, operation of aspects relating to mining and the Aboriginal Benefits Trust Account, and
402-716: A joint response in June 2003, in their Detailed Joint Submission to the Commonwealth - Workability Reforms of the Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA) . Over some years, the issue of private versus communal ownership of Aboriginal land was considered and debated by many parties, including Warren Mundine , Mick Dodson , Galarrwuy Yunupingu , Noel Pearson and others. Tom Calma , as Aboriginal and Torres Strait Islander Social Justice Commissioner , said in his Native Title Report 2005 that it
469-708: A precedent in the Northern Territory (NT), which was controlled by the Commonwealth (federal) government, rather than attempt federal legislation first off. He appointed Justice Woodward in February 1973 to head an inquiry into how best to recognise Aboriginal land rights in the NT, called the Aboriginal Land Rights Commission (also known as the "Woodward Royal Commission"). Woodward produced his final report in April 1974, expressing
536-471: A precedent which was followed by the other states . The Lands Right 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
603-642: A predominant influence over who was elected to Labor ministries, although the leaders of the party factions also exercised considerable influence. However, in 2007 Prime Minister Kevin Rudd , assumed the power to choose the ministry alone. Later, the caucus regained this power in 2013. According to reporting by the Sydney Morning Herald , ministerial positions are allocated by the Left and Right factions proportionally according to their representation in
670-491: Is a fundamental piece of social reform. It established the legal basis on which Aboriginal people could claim rights to land based on customary or traditional occupation, also known as native title , if evidence could be shown. (The South Australian Pitjantjatjara Lands Act 1956 had granted land to the Pitjantjatjara people , but as a one-off, did not provide a basis for future claims by others.) The main purpose of
737-510: 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. 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
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#1732798770258804-786: Is both Aboriginal and Torres Strait Islander freehold land, governed by the Aboriginal Land Act 1991 (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 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
871-418: Is difficult to apply as many actions by executive agencies are wide-ranging, binding and conducted independently of Parliament. The executive can also be delegated legislative power through provisions allowing for statutory instruments and Henry VIII clauses . Ultimately whether power is executive or legislative is determined on a case-by-case basis, and involves the weighing up of various factors, rather than
938-462: Is necessary. Approval by TOs and residents at the time the S.19A Lease is issued, effectively bind later TOs and residents. Each sub-agreement (S.19 Lease or Licence) is subject to a clear process of consultation to ensure input/approval by current TOs and residents. Existing Section 19A Township Leases: Bickerton Islands Australian federal government [REDACTED] [REDACTED] The Australian Government , also known as
1005-582: Is not a legal entity; it exists solely by convention. Its decisions do not in and of themselves have legal force. However, it serves as the practical expression of the Federal Executive Council , which is Australia's highest formal governmental body. In practice, the Federal Executive Council meets solely to endorse and give legal force to decisions already made by the cabinet. All members of the cabinet are members of
1072-514: 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 ,
1139-621: 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 as of 2021 has responsibility for about 24,000,000 hectares (59,000,000 acres), 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
1206-581: The 1967 Australian referendum meant that the Federal Government could make special laws relating to Aboriginal people which could override any state-based legislation; this was seen as a great victory in the struggle for Aboriginal land rights in Australia . The Labor government under Gough Whitlam , after making land rights one of his election campaign priorities, first introduced a land rights Bill to Parliament. Whitlam chose to establish
1273-661: The Australian Capital Territory . The head offices of all the federal departments are located in Canberra, along with Parliament House and the High Court . The name of the government in the Constitution of Australia is the "Government of the Commonwealth". This was the name used in many early federal government publications. However, in 1965 Robert Menzies indicated his preference for
1340-484: The Australian Labor Party (ALP), in office since the 2022 federal election . The prime minister is the head of the federal government and is a role which exists by constitutional convention, rather than by law. They are appointed to the role by the governor-general (the representative of the monarch of Australia ). The governor-general normally appoints the parliamentary leader who commands
1407-549: The Central Land Council 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
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#17327987702581474-726: The Commonwealth Government or simply as the Federal government , is the national executive government of Australia, a federal parliamentary constitutional monarchy . The executive consists of the prime minister and other cabinet ministers that currently have the support of a majority of the members of the House of Representatives (the lower house) and also includes the departments and other executive bodies that ministers oversee. The current executive government consists of Anthony Albanese and other ministers of
1541-505: The Northern Territory under the Aboriginal Land Rights Act 1976 , with the states later creating their own legislation and system of land councils. Aboriginal land trusts (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
1608-537: The common law 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. The states' land councils (or equivalents) also have responsibilities under the [federal] Native Title Act . Land councils are not funded by state or federal taxes, but finance themselves. The Aboriginal Land Rights Act 1976 created
1675-564: The ALT and works with the Trust on a range of economic, community development and landcare projects across the state. APY was created by the APY Land Rights Act 1981 , as amended in 2016–2017, and has an elected Executive Board. The government is also able to transfer other crown land to the control of the Trust. In Tasmania , ownership of several areas was transferred to a land council, in trust for Aboriginal Tasmanians , via
1742-554: The Aboriginals Benefit Account (ABA) (Part VI of the Act) and the funds are to be used for certain purposes prescribed by the Act which benefit Aboriginal peoples in the NT. Section 69 (under "Part VII - Miscellaneous") of the Act defines a special category of land, the sacred site , which is a site of significance according to Aboriginal tradition. It prohibits a person from entering a sacred site, with penalties of
1809-404: The Act included Section 19a, which introduced the option of Township Leasing, and Section 28a, which introduced the option of a 'delegation of powers' to a local Aboriginal corporation. The Act specifies methods for Land Councils to support local Aboriginal groups to make decisions regarding their land, including: Township Lease Delegation of Powers Office of Township Leasing For
1876-417: The Act is "to reinstate ownership of traditional Aboriginal land in the Northern Territory to Aboriginal people" ( Austrade ). It provides for the grant of inalienable freehold title for Aboriginal land, meaning that the land cannot be bought or otherwise acquired, including by any NT law. In the original Act, only claims to unalienated Crown land in the NT were permissible, under three district sections, and
1943-480: The Act specified an end date of June 1997 by which claims had to be lodged. The Act allows for a claim of Australian native title if claimants can provide evidence of their traditional association with land. About 50% of the Northern Territory land and 85% of its coastline are owned communally by Aboriginal peoples. Since 1976, many amendments to the Act have been passed. As of July 2020, the most recent compilation (No. 41) came into force on 4 April 2019. As of 2021,
2010-529: The Act: Section 23 of the Act specifies the functions of Land Councils; however, the four original land councils continue to exist as of 2020. Land development, including exploration and mining activities, on Aboriginal land are undertaken through negotiations with traditional owners groups and facilitated by land councils. Various types of payment for the land, other financial and non-financial benefits may be included in negotiations. The Act prescribes how
2077-462: The Constitution . These were defined by High Court Justice Anthony Mason , as powers "peculiarly adapted to the government of a nation and which cannot otherwise be carried on for the benefit of the nation". They have been found to include the power to provide financial stimulus payments to households during a financial crisis and the power to prevent "unlawful non-citizens" from entering
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2144-551: The Dismissal of 1975. In that case, the Governor-General Sir John Kerr dismissed the prime minister and government due to his conclusion that the government had failed to secure supply. The propriety of the use of the powers during that event remain highly contested. The Federal Executive Council is the body that formally advises the governor-general in the exercise of executive power. Decisions of
2211-680: The Executive Council. A senior member of the cabinet holds the office of vice-president of the Executive Council and acts as presiding officer of the Executive Council in the absence of the governor-general. The cabinet meets not only in Canberra but also in state capitals, most frequently Sydney and Melbourne. Kevin Rudd was in favour of the cabinet meeting in other places, such as major regional cities. There are Commonwealth Parliament Offices in each state capital, with those in Sydney located in 1 Bligh Street . Until 1956 all members of
2278-515: The King and the governor-general must follow the advice of the prime minister or other ministers in the exercise of his powers. Powers subject to the governor-general’s discretion are known as reserve powers. While certain reserve powers, such as the ability to choose the prime minister most likely to command the confidence of the lower house, are uncontroversial, others are subject to much greater debate. The most notable example of their use occurring in
2345-549: The Parliament. The King is not involved with the day-to-day operations of the government, belonging (according to the Bagehot formulation) to the "dignified" rather than the "efficient" part of government. While the executive power of the Commonwealth is formally vested in the monarch, the Constitution requires those powers to be exercisable by a governor-general, appointed by the monarch as their representative (but since
2412-457: 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 , there
2479-588: The allocation of their portfolios. When Labor first held office under Chris Watson , Watson assumed the right to choose members of his cabinet. In 1907, however, the party decided that future Labor cabinets would be elected by the members of the Parliamentary Labor Party, the Caucus , and the prime minister would retain the right to allocate portfolios. This practice was followed until 2007. Between 1907 and 2007, Labor prime ministers exercised
2546-488: The application of a strict test. As most executive power is granted by statute, the executive power of the government is similarly limited to those areas in which the Commonwealth is granted the power to legislate under the constitution (primarily under section 51 ). They also retain certain powers traditionally part of the royal prerogative , such as the power to declare war and enter into treaties. Finally, there exists certain "nationhood powers", implied from section 61 of
2613-444: The appointing of Sir Isaac Isaacs in 1931, always appointed according to the advice of federal ministers, rather than British ministers). Members of the government do not exercise executive power of their own accord but are instead appointed by the governor-general as ministers, formally as the "Queen's [or King's] Ministers of State". As such, while government ministers make most major decisions in cabinet, if those decisions require
2680-446: The benefit of traditional owners", with rights that frequently enable the pursuit of economic development opportunities for the traditional owners . Land councils are not the same as Registered Native Title Body Corporates (RNTBCs), which are funded by the federal government. Native title in Australia includes rights and interests that relate to land and waters held by Indigenous people under traditional laws and customs, recognised by
2747-414: The body give legal effect to decisions already deliberated at cabinet. All current and formers ministers are members of the council, although only current ministers are summoned to meetings. The governor-general usually presides at council meetings, but in his or her absence another minister nominated as the vice-president of the Executive Council presides at the meeting of the council. Since 1 June 2022,
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2814-599: The bottom layer includes public servants , police, government departments and independent statutory bodies who directly implement policy and laws. Executive power is also difficult to clearly define. In the British context, it was defined by John Locke as all government power not legislative or judicial in nature. The key distinction is that while legislative power involves setting down rules of general application, executive power involves applying those rules to specific situations. In practice, however, this definition
2881-399: 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 Northern Territory , this law provided the basis on which Aboriginal peoples could claim land rights based on traditional occupation, and it set
2948-605: The concept of inalienable freehold title, as such was a fundamental piece of social reform. Its long title is An Act providing for the granting of Traditional Aboriginal Land in the Northern Territory for the benefit of Aboriginals, and for other purposes . The Act has been amended 27 times between 1978 and 2021. Significant amendments were the Aboriginal Land Rights (Northern Territory) Amendment Act 2006 , and Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021. The results of
3015-470: The confidence of a majority of the members of the House of Representatives. Also by convention, the prime minister is a member of the lower house. The prime minister and their sworn ministers form the cabinet , the key decision-making organ of the government that makes policy and decides the agenda of the government. Members of the government can exercise both legislative power (through their control of
3082-553: The country . Ministers drawn from the Australian parliament form the core of the Australian Government. A subset of these ministers form the cabinet, the de facto highest executive body of the government. Ministers not part of cabinet belong to the outer ministry. Additionally, there are also assistant ministers (formally parliamentary secretaries ), responsible for a specific policy area, reporting directly to
3149-458: The establishment of new Land Councils. Tom Calma commented at length in July 2006, starting with three main concerns: that the amendments had been made without the full understanding and consent of traditional owners and Indigenous Northern Territorians; that the intention of the amendments was to reduce the capacity for Indigenous people to have decision making influence over their lands; and that it
3216-419: The formal endorsement of the governor-general in council, those decisions do not have legal force until approved by the Federal Executive Council , which is presided over by the governor-general. Similarly, laws passed by both houses of parliament require royal assent before being enacted, as the monarch is a constituent part of the Parliament. However, in all these cases, except for certain reserve powers,
3283-523: The government in 1975 . The Liberal government, led by Malcolm Fraser , reintroduced a similar Bill, and this was signed by the Governor-General of Australia on 16 December 1976. It 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 . The Land Rights Act
3350-410: The land councils and land trusts may grant usage rights and access, but in some circumstances a federal or NT Minister's approval is also required. Income received for the use of the land is distributed by the land councils according to the agreements with the traditional owners and as the Act provides. Royalties paid to the NT and Federal governments for the use of the land are processed and directed to
3417-576: The leasing of Aboriginal land and the mortgaging of leases; provide for a tenure system for townships on Aboriginal land that will allow individuals to have property rights; devolve decision-making powers to regional Aboriginal communities", and change the provisions governing land councils to increase accountability. The most significant amendments enabled Aboriginal groups to more directly manage their land. Two Land Councils (Central and Northern) manage manage mainland NT Aboriginal land. By comparison, New South Wales has 121 Land Councils. These new sections of
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#17327987702583484-424: The major sections of the Act are: Aboriginal Land Trusts are established under the Act. Their main functions are: Title to the land granted under the Act is held by these land trusts; as of 2020, there are 151 Aboriginal land trusts, each administered by the a land council, dependent on location of the trust. The Act specified that at least two Land Councils must be created. The Central Land Council , covering
3551-790: The ministry differs depending on their party. When the Liberal Party and its predecessors (the Nationalist Party and the United Australia Party ) have been in coalition with the National Party or its predecessor the Country Party , the leader of the junior Coalition party has had the right to nominate their party's members of the Coalition ministry, and to be consulted by the prime minister on
3618-464: The ministry were members of the cabinet. The growth of the ministry in the 1940s and 1950s made this increasingly impractical, and in 1956 Robert Menzies created a two-tier ministry, with only senior ministers holding cabinet rank, also known within parliament as the front bench . This practice has been continued by all governments except the Whitlam government . The prime minister's power to select
3685-399: The name "Australian Government" in order to prevent confusion with the new Commonwealth of Nations . The Whitlam government legislated the use of "Government of Australia" in 1973 in line with its policy of promoting national goals and aspirations. However, academic Anne Twomey argues that the government was also motivated by a desire to blur the differences between the Commonwealth and
3752-413: The opinion that one of the main aims of land rights was "The doing of simple justice to a people who have been deprived of their land without their consent and without compensation". He said that Aboriginal land should be granted as inalienable freehold title , meaning "it could not be acquired, sold, mortgaged or disposed of in any way", and title should be communal. The Bill lapsed upon the dismissal of
3819-404: The other two branches of government, however, membership of the executive is not clearly defined. One definition describes the executive as a pyramid, consisting of three layers. At the top stands the king, as the symbolic apex and formal repository of executive power. Below him lies a second layer made up of the prime minister, cabinet and other ministers who in practice lead the executive. Finally,
3886-418: The parliament) and executive power (as ministers on behalf of the governor-general and the monarch). However, in accordance with responsible government , and to ensure accountability, actions of the government in its executive capacity are subject to scrutiny from parliament. The Australian Government is headquartered in the executive wing of Parliament House , located in the nation's capital, Canberra , in
3953-612: The role of the Land Councils. The Reeves Report concluded that the ALRA had been very effective in granting traditional Aboriginal land in the NT, with benefits exceeding their costs for the Aboriginal people, but it also made many recommendations for change. After examination of the recommendations by various bodies in the following years, the Northern Territory Government and the Land Councils produced
4020-700: The southern part of the NT, and the Northern Land Council , covering the northern part of the NT, were created by the Act. The Tiwi Land Council , covering Bathurst and Melville Islands north of Darwin , and the Anindilyakwa Land Council , covering Groote Eylandt and Bickerton Island in the Gulf of Carpentaria , were later created from parts of the Northern Land Council. New Land Councils can be created under
4087-512: The states in an attempt to increase federal power. The Parliament of Australia website also notes that the name "Australian Government" is preferable in order to avoid confusion with the Commonwealth of Nations and the US federal government by those not familiar with Australia's system of government. This terminology remains preferred by the government. However, the terms Commonwealth Government and federal government are also common. In some contexts,
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#17327987702584154-459: The term "government" refers to all public agencies that exercise the power of the State , whether legislative, executive or judicial. The government's primary role, in its executive capacity, is to implement the laws passed by the parliament. However, laws are frequently drafted according to the interests of the executive branch as the government often also controls the legislative branch. Unlike
4221-505: The three Aboriginal landholding authorities are the (South Australian) Aboriginal Lands Trust , Anangu Pitjantjatjara Yankunytjatjara (APY) and Maralinga Tjarutja , all statutory bodies . 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 provides land rights administration funding to
4288-533: 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 New South Wales , a network of local Aboriginal land councils (LALCs) and a state land council were set up by the Aboriginal Land Rights Act 1983 . but these bodies do not administer land owned freehold by Aboriginal people. In Queensland , there
4355-618: The vice-president has been senator Katy Gallagher . As of 17 August 2024 , there are 16 departments of the Australian Government. Additionally, there are four departments which support the Parliament of Australia : The following corporations are prescribed by Acts of Parliament: As of March 2024 , the following Corporate Commonwealth entities are prescribed as Government Business Enterprises (GBEs): The following Commonwealth companies are prescribed as GBEs: Land Council The first land councils were created in
4422-465: Was "not necessary to put the communal tenure of Indigenous land at risk" by converting to individual freehold titles. It was agreed that there were benefits in the new proposals, but various details were debated at length. Following the Government making changes to the ALRA in 2005, Australians for Native Title and Reconciliation expressed concern about Land Council funding and function changes and
4489-574: Was likely that the amendments would have a range of negative impacts on Indigenous peoples’ rights and interests. On 17 August 2006, the Howard government amended the Act. The Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 , in effect from 1 July 2007, added several clauses to the Act. The government summary of the Amendments includes "to increase access to Aboriginal land for development, especially exploration and mining; facilitate
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