What is a Reserve?
Reserve land is Crown land set aside for public purposes: for example, hospitals, schools, conserving plants and animals, national parks, recreation, and for the use of Aboriginal people. Crown reserves are created under the Land Administration Act. For each reserve created, a Certificate of Crown Land Title is registered with DLI.
Some reserves can be given an “A” classification: that gives added protection against the reserve being changed in some way, because it requires that any changes be approved by both Houses of Parliament. National Parks and conservation reserves have an “A” classification. So do some Aboriginal reserves.
There is another level of protection for certain Aboriginal reserves held by the ALT. Aboriginal reserves proclaimed under Part III the Aboriginal Affairs Planning Authority Act have restricted access for miners or the public. Those groups can get access only by applying to the Minister for Indigenous Affairs and/or the ALT for a special entry permit. Once a reserve has been protected this way, the protection can only be changed by the approval of both Houses of Parliament.
Many reserves are managed by a Management Body. A Management Body is the group that the Minister gives the care, control and management of the reserve to. For example, the Management Body can be a local government authority, a State government agency, or an Aboriginal organisation.
Management Orders are made by the Minister for Lands and they set out the rights and duties of the Management Body. The Management Orders can include a power to lease (rent out) the reserve. Where there is a power to lease the reserve, any lease given by the Management Body must be consistent with the purpose of the reserve. Management Orders cannot be used as security for a loan, but any leases given under Management Orders could be used as security if the Minister for Lands approves.