Aboriginal Land Rights (Northern Territory) Amendment (Scheduling)

Current status

This bill became law on Nov 29th, 2024.

Policy area

Law, justice & rights

What does this bill do?

The law adds the Wakaya Alyawarre land near Canteen Creek to the list of Northern Territory land that can be formally granted as Aboriginal land.

Why was it introduced?

Wakaya Alyawarre land covered by the Canteen Creek Area Indigenous Land Use AgreementThe 2020 agreement that dealt with native title rights over the Canteen Creek township area, but did not by itself finish the land grant process. was not listed in Schedule 1The list of land areas that are eligible to be granted as Aboriginal land under the Act. This bill adds the Wakaya Alyawarre land to that list., which left it unable to be granted as Aboriginal land. The bill adds that land to Schedule 1The list of land areas that are eligible to be granted as Aboriginal land under the Act. This bill adds the Wakaya Alyawarre land to that list. so it can be granted to an Aboriginal Land TrustThe legal body that can hold the land once it is granted. On this page, it is the vehicle for transferring the land into Aboriginal ownership. under the land rights law.

Broader context

The Wakaya and Alyawarre Traditional OwnersThe Aboriginal people recognised as having longstanding connection and authority over the land. On this page, they are the Wakaya and Alyawarre people. had pursued recognition of their rights over land near Canteen Creek through claims lodged in 1980 and 1990, but the claim could not be completed because the land covered by the 2020 Canteen Creek Area Indigenous Land Use AgreementThe 2020 agreement that dealt with native title rights over the Canteen Creek township area, but did not by itself finish the land grant process. was still missing from Schedule 1The list of land areas that are eligible to be granted as Aboriginal land under the Act. This bill adds the Wakaya Alyawarre land to that list. of the Aboriginal Land Rights (Northern Territory) Act 1976The main law this bill changes. It sets out how certain Northern Territory land can be granted as Aboriginal land.. The bill responded by adding about 484,000 hectares of that land to Schedule 1The list of land areas that are eligible to be granted as Aboriginal land under the Act. This bill adds the Wakaya Alyawarre land to that list. so it could be granted to an Aboriginal Land TrustThe legal body that can hold the land once it is granted. On this page, it is the vehicle for transferring the land into Aboriginal ownership., and after Parliament passed it in November 2024 the Act cleared the way to finalise the long-running claim.

Key criticism

The main criticism was not of returning the Wakaya Alyawarre land itself, but of pushing the bill through without committee scrutiny or a broader check of how the Northern Territory land rights system affects economic development and service delivery. Those concerns were raised by Coalition speakers who still backed the bill, so the criticism was narrow and mainly about review and process rather than the bill's core purpose.

Who supported it?

Senator Katy Gallagher introduced this bill. It passed on the voices.

Introduced in Senate 15 Aug 2024
Passed Senate 26 Nov 2024
Passed House 27 Nov 2024
Became law 29 Nov 2024

Did it become law?

Yes

Became law 29 Nov 2024

Final passage

Passed without a counted vote

Members called out ‘aye’ or ‘no’ — no individual votes were recorded.

Passage speed

106 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. The law adds the Wakaya Alyawarre land near Canteen Creek to the list of Northern Territory land that can be formally granted as Aboriginal land.

  2. The change lets this Northern Territory land be transferred to an Aboriginal Land TrustThe legal body that can hold the land once it is granted. On this page, it is the vehicle for transferring the land into Aboriginal ownership., giving it a legal path into Aboriginal ownership under the land rights law.

  3. The change helps finish the long-running Wakaya Alyawarre land claim by enabling the land grant to an Aboriginal Land TrustThe legal body that can hold the land once it is granted. On this page, it is the vehicle for transferring the land into Aboriginal ownership..

Show source excerpts
  1. The Bill adds an area of land that is detailed in the Canteen Creek Area Indigenous Land Use Agreement (Wakaya Alyawarre Land) to Schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976 so that the Wakaya Alyawarre Land can be granted as Aboriginal land. The relevant land comprises approximately 484,000 hectares near Canteen Creek community, approximately 275km south east of Tennant Creek.
    Aboriginal Land Rights (Northern Territory) Amendment (Scheduling) explanatory memorandum
  2. This Schedule adds a further parcel of Northern Territory land to Schedule 1 to the Land Rights Act. This will allow the land in question to be granted as Aboriginal land to an appropriate Aboriginal Land Trust under sections 10 and 12 of the Land Rights Act.
    Aboriginal Land Rights (Northern Territory) Amendment (Scheduling) explanatory memorandum
  3. The Bill adds an area of land to Schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976 (Land Rights Act), enabling the grant of land to an Aboriginal Land Trust and finalisation of the Wakaya Alyawarre (Repeat) Land Claim.
    Second reading speech

Broader context for this bill

The Wakaya and Alyawarre Traditional OwnersThe Aboriginal people recognised as having longstanding connection and authority over the land. On this page, they are the Wakaya and Alyawarre people. had pursued recognition of their rights over land near Canteen Creek through claims lodged in 1980 and 1990, but the claim could not be completed because the land covered by the 2020 Canteen Creek Area Indigenous Land Use AgreementThe 2020 agreement that dealt with native title rights over the Canteen Creek township area, but did not by itself finish the land grant process. was still missing from Schedule 1The list of land areas that are eligible to be granted as Aboriginal land under the Act. This bill adds the Wakaya Alyawarre land to that list. of the Aboriginal Land Rights (Northern Territory) Act 1976The main law this bill changes. It sets out how certain Northern Territory land can be granted as Aboriginal land.. The bill responded by adding about 484,000 hectares of that land to Schedule 1The list of land areas that are eligible to be granted as Aboriginal land under the Act. This bill adds the Wakaya Alyawarre land to that list. so it could be granted to an Aboriginal Land TrustThe legal body that can hold the land once it is granted. On this page, it is the vehicle for transferring the land into Aboriginal ownership., and after Parliament passed it in November 2024 the Act cleared the way to finalise the long-running claim.

  1. 1980

    Earlier land claim is lodged over the Canteen Creek area

    An earlier land claim covering this area was lodged in 1980, beginning the long process to secure Aboriginal land rights recognition.

    Second reading speech ↗
  2. 1990

    Wakaya Alyawarre (Repeat) Land ClaimThe later land claim that kept the push for recognition alive after an earlier claim had already covered the area. is lodged

    A repeat claim lodged in 1990 kept the Wakaya Alyawarre claim alive after the earlier claim had already covered the same land.

    Second reading speech ↗
  3. 2020

    Canteen Creek Indigenous Land Use Agreement is entered into

    The Northern Territory and the Central Land Council entered into an agreement that resolved native title rights and interests in the township area but still required a Commonwealth law change to complete the land grant.

    Second reading speech ↗
  4. 15 Aug 2024

    Government introduces the bill to add Wakaya Alyawarre land to Schedule 1The list of land areas that are eligible to be granted as Aboriginal land under the Act. This bill adds the Wakaya Alyawarre land to that list.

    The bill was introduced to add about 484,000 hectares near Canteen Creek to Schedule 1The list of land areas that are eligible to be granted as Aboriginal land under the Act. This bill adds the Wakaya Alyawarre land to that list. so the land could be granted to an Aboriginal Land TrustThe legal body that can hold the land once it is granted. On this page, it is the vehicle for transferring the land into Aboriginal ownership. and the claim could be finalised.

    Hansard ↗
  5. 27 Nov 2024

    Parliament passes the bill

    Both houses passed the bill in the same form, completing the parliamentary step needed to amend the land rights schedule.

    Parliamentary timeline ↗
  6. 29 Nov 2024

    Royal AssentThe final step that turns a passed bill into an Act. On this page, it removed the last legal barrier to the land grant. clears the way for the land grant

    Royal AssentThe final step that turns a passed bill into an Act. On this page, it removed the last legal barrier to the land grant. turned the bill into an Act, clearing the legal obstacle to granting the Wakaya Alyawarre land as Aboriginal land to an Aboriginal Land TrustThe legal body that can hold the land once it is granted. On this page, it is the vehicle for transferring the land into Aboriginal ownership..

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 15 Aug 2024

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 15 Aug 2024

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 26 Nov 2024

The bill reached this recorded parliamentary step.

Senate second reading agreed 26 Nov 2024

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate third reading agreed 26 Nov 2024

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 27 Nov 2024

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 27 Nov 2024

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Sent to Federation Chamber for debate 27 Nov 2024

The bill reached this recorded parliamentary step. For this bill, the Federation Chamber reported back later the same day and the House then completed its remaining formal steps that day.

Referred to Federation Chamber

Federation Chamber debate 27 Nov 2024

The bill reached this recorded parliamentary step.

Second reading debate

House second reading agreed 27 Nov 2024

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Returned from Federation Chamber without amendment 27 Nov 2024

The bill reached this recorded parliamentary step. The official House record shows the referral out and return both happened on the same day, before the House moved to its final formal votes.

Reported from Federation Chamber

House third reading agreed 27 Nov 2024

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 27 Nov 2024

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 29 Nov 2024

The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act. On this page, it removed the last legal barrier to the land grant., turning the bill into an Act.

The main case against this bill

The main criticism was not of returning the Wakaya Alyawarre land itself, but of pushing the bill through without committee scrutiny or a broader check of how the Northern Territory land rights system affects economic development and service delivery. Those concerns were raised by Coalition speakers who still backed the bill, so the criticism was narrow and mainly about review and process rather than the bill's core purpose.

No party represented in the debate opposed the bill itself.

Lack of committee scrutiny and broader review

Coalition speakers argued the bill should have been examined by a parliamentary committee and used as part of a wider review of the Aboriginal land rights framework, including whether land councils help or hinder economic development and practical outcomes in the Northern Territory.

Raised by Coalition speakers including Darren Chester and Jacinta Nampijinpa Price Source ↗

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

26 Nov 2024

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

27 Nov 2024

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Katy Gallagher

Australian Labor Party • Senator 15 Aug 2024

Gallagher supports the bill and says it will add land to Schedule 1The list of land areas that are eligible to be granted as Aboriginal land under the Act. This bill adds the Wakaya Alyawarre land to that list. so the Wakaya Alyawarre land claim can be finalised and Aboriginal land granted.

Read in Hansard ↗
Lead supporting voice Supports

Jacinta Nampijinpa Price

Country Liberal Party • Senator 26 Nov 2024

Price says the coalition supports the bill because it will resolve the Canteen Creek land claim and give the Northern Territory certainty for future services and development.

Read in Hansard ↗
Lead voice Supports

Graham Perrett

Australian Labor Party • MP 27 Nov 2024

Perrett supports the bill and says it should pass because it finalises the Canteen Creek land claim and gives the Wakaya Alyawarre traditional ownersThe Aboriginal people recognised as having longstanding connection and authority over the land. On this page, they are the Wakaya and Alyawarre people. greater certainty over their land.

Read in Hansard ↗
Lead voice Supports

Darren Chester

National Party • MP 27 Nov 2024

Chester says the coalition will support the bill because it settles the Canteen Creek land claim and would provide certainty, but he criticises the government for refusing to send it to a committee.

Read in Hansard ↗

All speeches by bloc

Labor

4 speakers · 4 support

  1. Patrick Gorman Patrick Gorman supports the bill and says it will finalise the Wakaya Alyawarre land claim by adding the Canteen Creek area to the land rights schedule.
    “This bill paves the way for finalisation of the longstanding Aboriginal land claim. I commend the bill to the Chamber.”

    Australian Labor Party • MP • 27 Nov 2024

    Read the full speech in Hansard ↗
  2. Malarndirri McCarthy McCarthy supports the bill and says it will finalise the longstanding Wakaya Alyawarre land claim by adding land to the schedule and enabling a grant to an Aboriginal land trustThe legal body that can hold the land once it is granted. On this page, it is the vehicle for transferring the land into Aboriginal ownership..
    “This bill paves the way for the finalisation of the longstanding Aboriginal land claim, and I proudly commend this bill to the Senate.”

    Australian Labor Party • Senator • 26 Nov 2024

    Read the full speech in Hansard ↗

Coalition

2 speakers · 2 support

Full record

Full chat