But when the Australian Government excised more than 380 square kilometres of Arnhem Land in 1963 to make way for the Nabalco bauxite mine, it sparked a momentum that would grow into the contemporary land rights movement and ultimately lead to the Aboriginal Land Rights (Northern Territory) Act 1976. 

December marks 50 years of the Aboriginal Land Rights (Northern Territory) Act 1976. 

Six months after this excision, the Yolngu people of north-east Arnhem presented a Bark Petition to the Australian Parliament demanding the decision be reversed and their rights to the land be recognised. They continued to pursue their case and sought to stop the lease of their traditional lands. 

In 1971, Justice Blackburn accepted evidence that the Yolngu people had lived at Yirrkala for tens of thousands of years and that their law was based on intricate relations with the land. However, he found that these relationships were religious rather than property rights. 

During this period, Aboriginal stock workers began a series of strikes over wages, working conditions and land rights. The most famous was the Wave Hill Walk-Off, although similar strikes also occurred at Newcastle Waters, Mount Sandford and Victoria River Downs. 

When Prime Minister Gough Whitlam came to office in December 1972, he was determined to recognise the traditional rights and interests of Aboriginal people in the Northern Territory. He appointed Justice Woodward, who arrived in Yirrkala in north-east Arnhem Land in May 1973 at the start of an inquiry that would permanently reshape land law in Australia. 

“I was greeted as I stepped off the small plane by a large group of Aborigines in full ceremonial paint and carrying spears. They came dancing towards me, shouting with their spears raised in a throwing position. I wasn’t sure if this was a welcome or a protest until with a loud final cry, they stopped about three metres away from me and then quietly dispersed. I hope my doubts didn’t show.”

In July 1973, Justice Woodward presented his first report, recognising that Aboriginal people in the NT needed a coordinated voice and access to quality legal representation. To meet these needs, he recommended establishing two land councils, which became the Northern and Central land councils.

INDIGENOUS LEADERS ROY MARIKA AND GALARRWUY YUNUPINGU PREPARE TO SUBMIT THE YIRRKALA BARK PETITION TO PARLIAMENT

Through the rest of 1973, Woodward and his team travelled to more than 30 Aboriginal communities and homelands across the NT to hear and record, for the first time, evidence about how Aboriginal people would like to deal with their land and rights associated with it. 

Woodward’s second report, released in April 1974, provided the foundation and justification for Australia’s first land rights legislation. 

In October 1975, the Whitlam Government introduced the Aboriginal Land (NT) Bill to the Federal Parliament, but that Bill lapsed following Whitlam’s dismissal on 11 November 1975. 

In late 1976, the Fraser Coalition Government introduced and passed a revised version of the Aboriginal Land Rights (Northern Territory) Act 1976, which commenced on 26 January 1977. The Act formally established the Northern and Central land councils. 

One month after the NT was granted limited self-government in July 1978, the Tiwi Land Council was established. It represents the Tiwi people and their islands north of Darwin, which had previously fallen within the Northern Land Council’s jurisdiction. 

The inaugural chair of the Tiwi Land Council, Cyril Rioli Kalippa, said at the time: “Getting our own land council was the key to everything; it gave us the power to run things our way.”

After many years of advocating for greater self-determination,, the 14 land-owning clan groups on Groote Eylandt also separated from the Northern Land Council with the establishment of the Anindilyakwa Land Council in 1991.

The Northern Land Council continues to serve as the native title representative body for both the Anindilyakwa and Tiwi land council areas.

THE LAND CLAIM YEARS

For many years, the two mainland NT land councils played a central role in pursuing land claims on behalf of traditional Aboriginal owners. Over time, almost 250 land claims were heard by the Aboriginal Land Commissioner. Many were hard fought and won despite opposition from the Country Liberal Party Government and its allies in the mining and pastoral industries. 

Another historic legal case was the 2008 High Court decision known as the Blue Mud Bay case. The ruling granted sea country rights to the Yolngu people of Blue Mud Bay and, by extension, to other Aboriginal land-owning groups with rights to sea country. As a result, Aboriginal people now own and control access to around 85 per cent of the NT coastline.

FROM FIGHTING FOR COUNTRY TO CARING FOR COUNTRY

The NT land councils have long recognised the need to respond to changing political, economic, social and cultural circumstances. 

A key development has been the transition from land councils fighting for country to caring for country, particularly through repairing the environmental, physical and cultural damage inflicted on their lands through more than a century of dispossession and colonialism.

In 1995, the Northern Land Council established its Caring for Country branch, which now plays a nationally significant role in fostering Indigenous-led land and sea management projects throughout the Northern Land Council area and beyond. 

The Central Land Council has also strengthened connections between land, culture, education and community through comprehensive land management and ranger programs. 

The Anindilyakwa and Tiwi land councils provide marine and sea ranger programs that play a vital role protecting sea country and preserving culture through the culturally sensitive management of rivers, coastlines and sea country.

ECONOMIC DEVELOPMENT

One of the most significant changes has been the growth of economic development for Traditional Owners on their Country and on their terms.

Almost 50 per cent of the Northern Territory now comes under the Aboriginal Land Rights Act, and this has created significant business opportunities for Aboriginal groups.

Agreements for the use of this land are negotiated in consultation with Traditional Owners by the land councils. These agreements have created a stable and enduring source of revenue for Aboriginal people while also contributing to broader economic development across the Territory.

The Tiwi Land Council has focussed on developing locally owned enterprises and infrastructure. It has also developed a close relationship with the Office of Township Leasing, a model that offers tenure security, long-term rental income streams and opportunities for further economic development.

The Anindilyakwa Land Council views economic development as one part of a matrix of responsibilities and opportunities that includes education, law, justice and rehabilitation, housing, health and wellbeing, and local government. The land council receives income from a variety of activities on the Groote Eylandt archipelago, including mining royalties from the GEMCO manganese mine and income from property, sand and gravel leases, and licenses, among many other sources.

Mining agreements and the distribution of royalties have played a significant role in the economic development of Northern Australia. Revenue generated from these agreements has supported the creation of business opportunities, community programs, infrastructure, employment initiatives and long-term investment. The NLC sees its role as enabling and supporting Traditional Owners to manage their income on their own terms. 

While in the north there has been a greater focus on the direct distribution of compensation for land use to groups and individual Traditional owners, the Central Land Council established its highly regarded Community Development Program in 2005 to drive positive change in Aboriginal communities across the southern half of the Territory. 

Over the past 20 years, more than 100 Aboriginal groups have invested their income from land use agreements in community-driven education, infrastructure, culture and sporting projects, creating hundreds of Aboriginal jobs each year. 

These projects have funded and operated remote swimming pools and water parks, supported early childhood activities and art centres, produced bilingual resources for schools, and enabled Elders to pass cultural knowledge on to younger generations. 

With support from the CLC, Aboriginal groups have delivered more than 3000 projects and invested more than $300 million into their communities. The program’s success later inspired a similar initiative at the NLC. 

With mining operations in north-east Arnhem Land drawing to a close, there is an opportunity to reflect on the land rights journey and recognise the wide-ranging benefits the Aboriginal Land Rights (NT) Act has delivered for Aboriginal people across the Northern Territory. Beyond economic opportunities, these benefits include greater self-determination, stronger communities, the protection of culture and Country, and improved outcomes for future generations. 

The future for Aboriginal people is markedly different from what it was 50 years ago. Across the Territory, Aboriginal people are increasingly directing their efforts towards long-term economic independence, supporting the growth of Aboriginal-owned and operated businesses, strengthening resilience, and laying the foundations for future generations. TQ 

FURTHER READING 

There are many more stories that couldn’t be shared here. Visit: 

Anindilyakwa Land Council: anindilyakwa.com.au 

Central Land Council: clc.org.au 

Northern Land Council: nlc.org.au 

Tiwi Land Council: tiwilandcouncil.com 

A MARCH FOR LAND RIGHTS IN ALICE SPRINGS