In Australia, an Aboriginal land trust (ALT) is a type of

non-profit organisation A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...

that holds the

freehold title In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., per ...

to an area of

land Land, also known as dry land, ground, or earth, is the solid terrestrial surface of the planet Earth that is not submerged by the ocean or other bodies of water. It makes up 29% of Earth's surface and includes the continents and various islan ...

on behalf of a community of

Aboriginal Australians Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait Islands ...

. The land has been legally granted to a community by the

government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...

under a perpetual lease, usually after the community makes a formal claim of traditional ownership. Land granted under Aboriginal title is

inalienable ''InAlienable'' is a 2007 science fiction film with horror and comic elements, written and executive produced by Walter Koenig, and directed by Robert Dyke. It was the first collaboration of Koenig and Dyke since their 1989 production of ''Moon ...

; it can not be bought, sold, traded or given away. The land trust is the organisation appointed by the community to legally hold the title deeds. The land trusts are administered by

Aboriginal land council 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 ...

Establishment and operation of Aboriginal land trusts

Several states and territories have enacted laws to establish Aboriginal land trusts, but not all.

New South Wales

An Aboriginal Lands Trust existed in New South Wales in the 1960s and into the 1970s, a body of which

Lyall Munro Snr Lyall Munro Snr (30 September 1931– 21 May 2020), also known as Uncle Lyall Munro Senior, was an Aboriginal Australian activist, leader, and elder, especially known for his advocacy of Indigenous land rights. He was the husband of Carmine ...

was a member, among others. This organisation had land passed to it by the government as well as having some bequeathed to it in private individuals' wills. They were successful in winning various rights over land in various places, including hunting and fishing rights, without having to go to court. They were instrumental in the closing down of Kinchela Boys' Home and Cootamundra Girls' Home. They also encouraged young people to be initiated into their peoples' cultures. A non-statutory

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 ...

was created in 1977, to assist in the protests by Aboriginal people for their

land rights Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use ...

, and 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 Aboriginal La ...

'' created the NSWALC as a statutory body.

Northern Territory

In the

Northern Territory The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...

, land trusts are governed under the '' Aboriginal Land Rights Act, 1976'', which also governs the way in which groups can make claims to land. The ALTs hold the title to land handed back to the traditional Aboriginal owners through the ''Land Rights Act''.

Queensland

Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_ ...

, there are many land trusts, holding about 5% of the land. They were created under the state's ''

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

'' and the ''

Torres Strait Islander Land Act 1991 Torres may refer to: People * Torres (surname), a Spanish and Portuguese surname *Torres (musician), singer-songwriter Mackenzie Scott ** ''Torres'' (album), 2013 self-titled album by Torres Places Americas *Torres, Colorado, an unincorporated c ...

''.

South Australia

South Australia South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...

, there is a single statutory body known as the Aboriginal Lands Trust, also known as the South Australian Aboriginal Lands Trust (SAALT). It was created under the '' Aboriginal Lands Trust Act 1966''. This Bill was introduced by

Don Dunstan Donald Allan Dunstan (21 September 1926 – 6 February 1999) was an Australian politician who served as the 35th premier of South Australia from 1967 to 1968, and again from 1970 to 1979. He was a member of the House of Assembly (MHA) for th ...

, who was then South Australia’s Attorney-General and Minister for Aboriginal Affairs, and who later became Premier. It holds title to Aboriginal land in South Australia and oversees the management and control of those lands including the ability to issue a lease over lands for 99 years to an "incorporated community body". The

Government of South Australia The Government of South Australia, also referred to as the South Australian Government, SA Government or more formally, His Majesty’s Government, is the Australian state democratic administrative authority of South Australia. It is modelled o ...

is also able to transfer other

crown land Crown land (sometimes spelled crownland), 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. ...

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

South Australian Government The Government of South Australia, also referred to as the South Australian Government, SA Government or more formally, His Majesty’s Government, is the Australian state democratic administrative authority of South Australia. It is modelled o ...

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. The other two Aboriginal landholding authorities in the state are

Anangu Pitjantjatjara Yankunytjatjara Aṉangu Pitjantjatjara Yankunytjatjara, also known as APY, APY Lands or ''the Lands'', is a large, sparsely-populated local government area (LGA) for Aboriginal people, located in the remote north west of South Australia. Some of the aṉangu ...

(APY) and

Maralinga Tjarutja The Maralinga Tjarutja, or Maralinga Tjarutja Council, is the corporation representing the traditional Anangu owners of the remote western areas of South Australia known as the Maralinga Tjarutja lands. The council was established by the ''Mara ...

, also statutory bodies. CC-BY icon

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licence.

Western Australia

The Aboriginal Lands Trust in

Western Australia Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...

was created by the ''Aboriginal Affairs Planning Authority Act 1972''. It acquires and holds land and manages it for the benefit of Aboriginal communities. It holds about (11%) of the state's land, most of which was previously held by the state government.

References

External links

*Legal documents by state, from the ''Agreements, Treaties and Negotiated Settlements Project'':
Aboriginal Lands Trust, Western Australia

Aboriginal Lands Trust, South Australia

Aboriginal Land Trusts in Queensland

Aboriginal Land Trusts in the Northern Territory
{{Webarchive, url=https://web.archive.org/web/20130409184331/http://atns.net.au/subcategory.asp?subcategoryID=138 , date=9 April 2013 Organisations serving Indigenous Australians Native title in Australia Land trusts