Commonwealth Numbered Acts

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 No. 191 of 1976 - SECT 73

73. (1) The power of the Legislative Assembly for the Northern Territory to
make Ordinances under section 4U of the Northern Territory (Administration)
Act 1910 extends to the making of-

   (a)  Ordinances providing for the protection of, and the prevention of the
        desecration of, sacred sites in the Northern Territory, including
        sacred sites on Aboriginal land, and, in particular, Ordinances
        regulating or authorizing the entry of persons on those sites, but so
        that any such Ordinances shall provide for the right of Aboriginals to
        have access to those sites in accordance with Aboriginal tradition and
        shall take into account the wishes of Aboriginals relating to the
        extent to which those sites should be protected;

   (b)  Ordinances regulating or authorizing the entry of persons on
        Aboriginal land, but so that any such Ordinances shall provide for the
        right of Aboriginals to enter such land in accordance with
        Aboriginal tradition;

   (c)  Ordinances providing for the protection or conservation of, or making
        other provision with respect to, wildlife in the Northern Territory,
        including wildlife on Aboriginal land, and, in particular, Ordinances
        providing for schemes of management of wildlife on Aboriginal land,
        being schemes that are to be formulated in consultation with the
        Aboriginals using the land to which the scheme applies, but so that
        any such Ordinances shall provide for the right of Aboriginals to
        utilise wildlife resources; and

   (d)  Ordinances regulating or prohibiting the entry of persons into, or
        controlling fishing or other activities in, waters of the sea,
        including waters of the territorial sea of Australia, adjoining, and
        within 2 kilometres of, Aboriginal land, but so that any such
        Ordinances shall provide for the right of Aboriginals to enter, and
        use the resources of, those waters in accordance with
        Aboriginal tradition, but any such Ordinance has effect to the extent
        only that it is capable of operating concurrently with the laws of the
        Commonwealth, and, in particular, with this Act, the
        National Parks and Wildlife Conservation Act 1975 and any regulations
        made, schemes or programs formulated or things done, under this Act,
        or under that Act.

(2) Sub-section (1) does not affect the continued operation of any Ordinance
of the Northern Territory relating to a matter referred to in that sub-section
made before the commencement of this section if that Ordinance could have been
made in accordance with that sub-section, but an Ordinance of the Northern
Territory made before the commencement of this section and relating to a
matter referred to in sub-section (1) has effect after the commencement of
this section to the extent only that it would have had effect if made after
the commencement of this section.