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Town Camps

  1. The NNTC considers that the provisions in Division 2 of Part 4 of the NTER Act deals with the acquisition by the Commonwealth Minister of rights, titles and interests relating to town camps are similarly discriminatory and unacceptable in their impact on the human rights of Aboriginal people in the Northern Territory.
  2. Division 2 provides for the resumption and forfeiture of land the subject of leases granted by the Northern Territory Minister or the Administrator under the Special Purposes Lease Act (NT) (“SPLA”) (Subdivision A) and the Crown Lands Act (NT) (“CLA”) (Subdivision B) (and referred to in Part 4 of Schedule 1 to the Act, or prescribed by the regulations), and for the vesting of rights, titles and interests in such land, as specified in a notice given under s 47(1), in the Commonwealth, freed and discharged from all other rights, titles and interests (Subdivision 3).
  3. Again, a notice given under s 47(1) is not legislative instrument: s 47(7).
  4. Again, the future acts regime in Division 3 of Part 2 of the NTA does not apply in relation to the vesting of rights, titles and interests in land under s 47: s 51(a)(ii).
  5. The 33 town camps listed in Part 4 of Schedule 1 to the NTER Act are the following:

    Darwin: Bagot, Knuckey Lagoons, Kulaluk/Minmirama Park, Palmerston Town Camp, Railway

    Katherine: Miali Brumby, Warlpiri Transient Camp

    Tenant Creek: Kargaru, Marla Marla, Munji-Marla, Ngalpa Ngalpa, Sorry Camp, The Village, Tinkarli, Village Camp, Wuppa

    Alice Springs: Akngwertnarre, Anthelk-Ewlpaye, Anthepe, Aper- Alwerrknge, Basso’s Farm, Ewyenper-Atwatye, Ilperle Tyathe, Ilpeye Ilpeye, Ilyiperenye, Inarlenge, Irklancha Atwacha, Karnte, Mount Nancy, Mpwetyerre, New Ilparpa, Nyewente, Yarrenyty-Arltere.

  6. Rights, titles or interests in the land may be specified in a notice given under s 47(1) as a right, title or interest which is to be preserved: s 48. However, a right, title or interest that is preserved under s 48 may be terminated by the Commonwealth by notice given by the Minister in writing, pursuant to s 49(2). Again, a notice given under s 49(4) is not a legislative instrument.
  7. Again, the NNTC considers that the provisions of the NTER Act in relation to town camps have wide-ranging and unacceptable implications for Aboriginal human rights. These include:
    • the exposure of town camps in the Northern Territory to a non-consensual resumption and forfeiture;
    • the non-consensual vesting of rights, titles and interests in town camps, in the Commonwealth, potentially freed and discharged from all other rights, titles and interests;
    • the absence of any unqualified guarantee of compensation on just terms (see further below);
    • the disapplication to Aboriginal interests in land of the conventional procedures for the acquisition of interests in land under the Lands Acquisition Act 1989 (Cth), and the Lands Acquisition Act (NT);
    • the disapplication of the future acts regime in Division 3 of Part 2 of the NTA (see further below); and
    • the capacity of the Commonwealth Minister to make far-reaching decisions in relation to town camps, including in relation to rights, titles and interests in town camps, for which he or she is not answerable to Parliament.

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Effect on Other Laws

Compulsory Five Year Leases