Other leasing on Aboriginal land

Section 19 and section 19A leases, Housing Precinct Leases, Commonwealth Asset Leases, Alice Springs Town Camps

Section 19 ALRA leases

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.

For more information, see our fact sheet 'how is a section 19A township lease different to a section 19 lease' | s19 Leases and s19a township leasing fact sheet.

Housing precinct leases

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.

Use this map to see where the executive director holds housing precinct leases.

Commonwealth asset leases

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.

Use this map to see where the executive director holds commonwealth asset leases.

Alice Springs town camps

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.

Housing association	Town camp name	Tenure
Mpwetyerre Aboriginal Corporation	Abbotts	Special purpose lease
Ilparpa Aboriginal Corporation	Warlpiri	Special purpose lease
Karnte Aboriginal Corporation	Karnte	Crown lease
Lhenpe Artnwe Aboriginal Corporation	Hoppys	Special purpose lease
Anthelk-Ewlpaye Aboriginal Corporation	Charles Creek	Special purpose lease
Anthelk-Ewlpaye Aboriginal Corporation	Kunoth	Special purpose lease
Akngwertnarre Association Incorporated	Morris Soak	Special purpose lease
Anthepe Housing Association Incorporated	Drive In	Special purpose lease
Aper–Alwerrknge Association Incorporated	Palmers	Special purpose lease
Ewyenper–Atwatye Association Incorporated	Hidden Valley	Special purpose lease
Ilperle Tyathe Association Incorporated	Warlpiri	Special purpose lease
Ilyperenye Association Incorporated	Old Timers	Special purpose lease
Inarlenge Association Incorporated	Little Sisters	Crown lease
Mount Nancy Housing Association Incorporated	Mount Nancy	Special purpose lease
Mount Nancy Housing Association Incorporated	Basso's Farm	Special purpose lease
Yarrenyty–Arltere Association Incorporated	Larapinta	Special purpose lease
Nyewnete Association Incorporated	Trucking Yards	Special purpose lease

Use this map to see where the Executive Director holds Alice Springs Town Camps subleases.