To lease or not to lease? The leasing of Indigenous Statutory Lands in Australia: Lessons from Canada

Stephenson, Margaret (2009) To lease or not to lease? The leasing of Indigenous Statutory Lands in Australia: Lessons from Canada. Commonwealth Law Bulletin, 35 3: 545-570. doi:10.1080/03050710903113022


Author Stephenson, Margaret
Title To lease or not to lease? The leasing of Indigenous Statutory Lands in Australia: Lessons from Canada
Journal name Commonwealth Law Bulletin   Check publisher's open access policy
ISSN 0305-0718
Publication date 2009
Sub-type Article (original research)
DOI 10.1080/03050710903113022
Volume 35
Issue 3
Start page 545
End page 570
Total pages 26
Editor Published on behalf of the Legal Constitutional Affairs Division of the Commonwealth Secretariat
Place of publication United Kingdom
Publisher Taylor & Francis
Collection year 2010
Language eng
Subject C1
180101 Aboriginal and Torres Strait Islander Law
940405 Law Reform
Abstract In Australia, land rights legislation provides statutory schemes for the transfer of land to Indigenous peoples. The first significant land rights legislation was passed by the Australian Commonwealth government in 1976. This was the Aboriginal Land Rights (Northern Territory) Act (ALRA) 1976 (Cth). In 2006, the Australian Commonwealth government passed significant amendments to the ALRA. One of the key amendments introduced the leasing of Aboriginal ‘township lands’ held under that Act. It is these leasing amendments which are a focus of this article. A primary motivation behind the amendments was to decrease poverty in Indigenous communities and to allow for economic development on Aboriginal lands. This article critiques the township leasing scheme under the amended Act. It questions whether the new leasing arrangements are the most appropriate forms of leasing to achieve economic development on Aboriginal lands and to benefit the Aboriginal communities who hold these lands. In 2008, leasing amendments were passed to Queensland’s statutory land scheme in the Aboriginal Land Act 1991 (Qld) and these amendments are subject to review in this article. Furthermore, the article examines alternative forms of leasing used for economic development on Indigenous reserve lands in Canada and whether there are lessons that Australia could learn from these tenures and their modes of leasing.
Q-Index Code C1
Q-Index Status Confirmed Code

Document type: Journal Article
Sub-type: Article (original research)
Collections: 2010 Higher Education Research Data Collection
TC Beirne School of Law Publications
 
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Created: Fri, 11 Dec 2009, 16:03:46 EST by Vivianne Mulder on behalf of T.C. Beirne School of Law