In 2009, the Australian Government agreed that Commonwealth agencies would take steps towards regularised land arrangements on Aboriginal land by seeking secure voluntary land tenure arrangements over all Commonwealth Assets. It is now standard government policy that any major Commonwealth Assets on Aboriginal land are secured by long term leases.
Where a Township Lease has not been established, secure land tenure for publicphousing or Commonwealth infrastructure on Aboriginal land can be acquired through Housing or Commonwealth Asset leases under Section 19 of the Aboriginal Land Rights Act.
Section 19 of the Aboriginal Land Rights (Northern Territory) Act 1976 provides that an estate or interest can be granted by the Aboriginal land trust to the Commonwealth for any public purpose, commonly referred to as a Section 19 lease.
The Executive Director, on behalf of the Commonwealth, may enter into a Section 19 lease to secure investment in public housing or Commonwealth infrastructure located on Aboriginal Land.
Section 19 and section 19A leases
Section 19 Leases and section 19A Township Leases are both mechanisms for granting rights to use Aboriginal land in the Northern Territory under the Aboriginal Land Rights Act.
Section 19 Leases are individual leases managed by the land councils.
Section 19A Township Leases are over a whole Township and are managed by the Executive Director of Township Leasing.
Section 19 Leases
Section 19 of the Aboriginal Land Rights Act allows for government, businesses, organisations and individual people to apply to a land council for leases over specific areas of Aboriginal land.
Following an application for a Section 19 Lease, the land council consults with Traditional Owners and other affected Aboriginal groups and communities to seek approval for each lease proposal. The lease proposal must be approved by the Full Council of the land council, or by a delegated authority.
Section 19A Township Lease
Under a Township Lease, all land in the Township is managed by an 'approved entity'. An approved entity is either the Executive Director of Township Leasing or a Community Entity which is a corporation established under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) where a majority of the members of the corporation are either:
the Traditional Owners of the land; or
Aboriginal people who live in the Township.
A Township Lease provides a secure and regular land administration system for the entire Township area. The land in the Township is still Aboriginal land.
The approved entity manages land on behalf of the Traditional Owners by issuing subleases over individual lots in the Township and by collecting rent.
Where the lease is held by the Executive Director land use decisions are made with Traditional Owners through a Consultative Forum.
Housing Leases can be held directly by the Northern Territory Government or by the Executive Director on behalf of the Commonwealth.
Housing Leases can be held directly by the Northern Territory Government or by the Executive Director on behalf of the Commonwealth. All Housing Leases entered into by the Executive Director are negotiated by officers of the Department of the Prime Minister and Cabinet.
Where the Executive Director holds Housing Leases, Subleases have subsequently been granted to the Northern Territory Government for the purpose of property and tenancy management. These agreements allow Territory Housing to enter into tenancy agreements with occupants and provide access to and control over land so new houses can be built and existing houses can be maintained. It enables fairer and more transparent property and tenancy management arrangements to be established.
Housing Leases do not usually require the Executive Director to establish a Consultative Forum, however, Housing Management Agreements oblige the Northern Territory Government to consult with the community through the establishment of local Housing Reference Groups.
The Executive Director holds leases over a number of government assets on Aboriginal Land on behalf of the Commonwealth.
The Executive Director holds leases over a number of government assets on Aboriginal Land on behalf of the Commonwealth. These assets include Government Engagement Coordinator facilities, accommodation facilities for visiting government officers, safe houses and child care facilities.
In the Central Land Council region, the Executive Director has entered into Section 19 leases directly with Aboriginal land trusts. For assets located in the Northern Land Council region, the Executive Director is not a party to the Section 19 leases as these are held directly by Commonwealth departments, however, the Office of Township Leasing has agreed to manage these leases.
This process allows for a structured approach to managing all Commonwealth Assets and provides the Commonwealth and land councils with a single point of contact for all administrative dealings.
The Alice Springs Community Living Areas (also known as the Alice Springs Town Camps) are Aboriginal communities within the town of Alice Springs. Each Town Camp title is held by a Housing Association under a perpetual lease, either a Special Purpose Lease or a Crown Lease.
In December 2009, the Executive Director of Township Leasing entered into Subleases with fifteen Housing Associations over seventeen Town Camps on behalf of the Commonwealth. The term of each Sublease is for 40 years. The Executive Director simultaneously granted an under lease in the form of a Housing Management Agreement to the Northern Territory Government.
The Housing Management Agreement gives the Northern Territory Government responsibility for all areas located within the town camp boundary and captures all infrastructures, including housing, open spaces, roads, parks and community centres. The Northern Territory Government contracts property management services and tenancy management services out to external providers. The Northern Territory Government has retained fiscal responsibility for municipal and essential services in the Alice Springs Town Camps.
Commonwealth Asset Leases held by the Executive Director under s19 of the Land Rights Act, Housing Precinct Leases held by the Executive Director under s19 of the Land Rights Act
-24.1307, 134.3733
Asset Types: GEC complex, child care centre Land: Aboriginal Land
Commonwealth Asset Leases held by the Executive Director under s19 of the Land Rights Act, Housing Precinct Leases held by the Executive Director under s19 of the Land Rights Act
-22.9843, 134.9341
Asset Types: GEC complex, child care centre Land: Community Living Area
The Office of Township Leasing acknowledges Traditional Owners and their continuing connection to their ancestral lands, waters and communities. To all Traditional Custodians of Country throughout Australia we pay our respects to their Cultures, Country and Elders past, present and emerging.
The Executive Director respects Aboriginal and Torres Strait Islander communities and culture. Readers should be aware that this report contains references and images of Aboriginal and Torres Strait Islander people who have passed.
