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Home > Land > Land Facts > 09. What rights do Aboriginal people have over land controlled by other Aboriginal interests?

What rights do Aboriginal people have over land controlled by other Aboriginal interests?

It depends on what rights are involved and how the land is held or controlled by Aboriginal people.

Where an Aboriginal person or organisation holds freehold title to land, no other person can go onto that land without permission. This includes other Aboriginal people.

Where an Aboriginal person or organisation holds a general lease they also will be able to restrict who can come onto the land so long as the lease continues. This will only be different if the lease itself allows public access to the land and this is consistent with the lease purpose. So generally other Aboriginal people will only be able to enter land where an Aboriginal person or organisation holds a general lease if that Aboriginal person or organisation agrees.

All pastoral leases allow for Aboriginal people to enter unimproved and unfenced parts of the land that the lease applies to. Even though all Aboriginal people have this right, where a pastoral lease is held by the person or organisation it would be best to reach an agreement with that person or organisation before entering the land. Where the pastoral lease is held by an Aboriginal person or organisation, an agreement is still necessary.

Where a reserve is proclaimed under the AAPA Act, non Aboriginal people (apart from public officers) are not allowed onto Aboriginal reserves without a special entry permit.

Sometimes an Aboriginal person or organisation has a lease for (has rented) an Aboriginal reserve. Another Aboriginal person cannot enter this land without the agreement of the person or organisation with the lease.



Last modified: 03 May 2010
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