Ministerial Statement Application of Territory laws on inalienable freehold title Hon. Daryl Manzie Attorney-General 24 November 1993
Tabled Papers 1860
Tabled Papers for 6th Assembly 1990 - 1994; Tabled Papers; ParliamentNT
Tabled by Daryl Manzie
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
RIGHTS ACT/ AND MORE SPECIFICALLY THE ACT'S DEFINITION OF TRADmONAL OCCUPATION. SECTION 71 OF THE ACT PROVIDES THAT: ..."AN ABORIGINAL OR A GROUP OF ABORIGINALS IS ENTITLED TO ENTER UPON ABORIGINAL LAND AND USE OR OCCUPY THAT LAND TO THE EXTENT THAT THAT ENTRY/ OCCUPATION OR USE IS IN ACCORDANCE WITH ABORIGINAL TRADITION GOVERNING THE RIGHTS OF THAT ABORIGINAL OR GROUP OF ABORIGINALS WITH RESPECT TO THAT LAND ..." MR SPEAKER, BY READING SECTIONS 71 AND 74 OF THE ACT/ WE CAN BE LEFT IN NO DOUBT THAT THE OPERATION OF TERRITORY LAWS ON ABORIGINAL LAND ARE CONSTRAINED AND QUALIFIED BY ALMOST ANY OCCUPATION OR USE OF THAT ABORIGINAL LAND WHICH CAN BE DESCRIBED AS "IN ACCORDANCE WITH ABORIGINAL TRADITION". IN TODAY'S MODERN SOCIETY, MR SPEAKER, THE USE OF A FIREARM AND A TRAY-BACK TOYOTA TO HUNT FOR CATTLE ON ABORIGINAL LAND MAY WELL CONSTITUTE AN ABORIGINAL TRADITIONAL LIFESTYLE ACTD/ITY. THAT, IN ITSELF, MR SPEAKER, WE HAVE NO PROBLEMS WFTH. BUT MR SPEAKER, THE VERY FACT THAT THE LAND COMMISSIONER WOULD AGREE TO A LAND GRANT UNDER THE ACT IS A POSITT^E EXPRESSION OF TRADITIONAL ABORIGINAL OWNERSHIP IN ITSELF. AFTER ALL, IF THE ABORIGINES ARE NOT USING THE LAND FOR TRADFTIONAL USE, THEN THE CUSTODIANS WOULD NEVER HAVE BEEN ELIGffiLE TO CLAIM THE LAND IN THE FIRST PLACE.
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