ABORIGINAL LAND RIGHTS AND MINING IN THE NORTHERN TERRITORY - THE BENEFITS OF A CONJUNCTIVE STRUCTURE

摘要

Section 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA) can allow mining to proceed, following an arbitration, even if there is indigenous opposition. However, this particular provision has never been used. This commentary briefly examines the legislative history of section 46 to understand the policy rationale for its approach and considers the practical realities and compromises that lie at the heart of the failure to use it. Part IV of the ALRA sets out the legislative scheme for mining on Aboriginal land (defined in s 3 of the ALRA as land held by a Land Trust or a Land Council). The operation of s 46 of the ALRA must be seen in the context of the whole of Part IV.