Commonwealth Numbered Acts

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 No. 191 of 1976 - SECT 50

50. (1) The functions of the Commissioner are-

   (a)  on an application being made to the Commissioner by or on behalf of
        Aboriginals claiming to have a traditional land claim to an area of
        land, being unalienated Crown land or alienated Crown land in which
        all estates and interests not held by the Crown are held by, or on
        behalf of, Aboriginals-

        (i)    to ascertain whether those Aboriginals or any other Aboriginals
               are the traditional Aboriginal owners of the land; and

        (ii)   to report his findings to the Minister and to the Minister for
               the Northern Territory, and, where he finds that there are
               Aboriginals who are the traditional Aboriginal owners of the
               land, to make recommendations to the Minister for the granting
               of the land or any part of the land in accordance with
               sections 11 and 12;

   (b)  to inquire into the likely extent of traditional land claims by
        Aboriginals to alienated Crown land and to report to the Minister and
        to the Minister for the Northern Territory, from time to time, the
        results of his inquiries;

   (c)  to establish and maintain a register of the traditional land claims
        referred to in paragraph (b);

   (d)  to advise the Minister in connexion with any other matter relevant to
        the operation of this Act that is referred to the Commissioner by the
        Minister; and

   (e)  to advise the Minister and the Minister for the Northern Territory in
        connexion with any other matter relating to land in the Northern
        Territory that is referred to the Commissioner by the Minister with
        the concurrence of the Minister for the Northern Territory.

(2) The Commissioner may, with the approval of the Minister, perform any
function that may be conferred on him by a law of the Northern Territory.

(3) In making a report in connexion with a traditional land claim the
Commissioner shall have regard to the strength or otherwise of the traditional
attachment by the claimants to the land claimed, and shall comment on each of
the following matters:-

   (a)  the number of Aboriginals with traditional attachments to the land
        claimed who would be advantaged, and the nature and extent of the
        advantage that would accrue to those Aboriginals, if the claim were
        acceded to either in whole or in part;

   (b)  the detriment to persons or communities including other Aboriginal
        groups that might result if the claim were acceded to either in whole
        or in part;

   (c)  the effect which acceding to the claim either in whole or in part
        would have on the existing or proposed patterns of land usage in the
        region; and

   (d)  where the claim relates to alienated Crown land-the cost of acquiring
        the interests of persons (other than the Crown) in the land concerned.

(4) In carrying out his functions the Commissioner shall have regard to the
following principles:-

   (a)  Aboriginals who by choice are living at a place on the traditional
        country of the tribe or linguistic group to which they belong but do
        not have a right or entitlement to live at that place ought, where
        practicable, to be able to acquire secure occupancy of that place;

   (b)  Aboriginals who are not living at a place on the traditional country
        of the tribe or linguistic group to which they belong but desire to
        live at such a place ought, where practicable, to be able to acquire
        secure occupancy of such a place.