Five Year Leases on Aboriginal Land 

About the Five Year Leases

The Australian Government currently holds five year leases over 63 Northern Territory communities. The five year leases enable government to provide prompt access for the delivery of services, repair of buildings and development of infrastructure in communities as part of the Northern Territory Emergency Response (NTER).

The lease areas were originally set using aerial photographic maps. A ground-based survey project later enabled a closer match of the lease boundary with the town footprint. This reduced the overall five year leased area by approximately 50 per cent from 1 April 2009 by leaving out areas not essential for service delivery.

The Five Year Leased Communities poster shows the locations and land type of the 63 five year leased communities.

Community corporations and land trusts still own the land and any fixed infrastructure on it. Five year leases do not alter the underlying title. At the expiration of the five year leases, land and infrastructure not subject to a longer term lease will revert back to the land owners.

In response to the NTER Review Board’s recommendation that rent be paid to the Aboriginal owners of five year leased land, the Australian Government requested that the Northern Territory Valuer-General make a determination as to the amount of rent to be paid. Rent payments have commenced.

Seeking Australian Government Approval to Use Land in Five Year Leased Communities

Everyone must seek approval to use land within five year leased communities for purposes such as:

• constructing new buildings
• expanding existing buildings
• demolishing buildings
• changing who occupies a building (including evictions)
• changing who is responsible for buildings.

As the department responsible for the five year leases, the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) manages the approval of new and changed uses of land and buildings.

Australian Government approval to use five year leased land can be requested by emailing 5yearleases@fahcsia.gov.au. There are a number of steps in the consideration process, requests should be submitted as early as possible. Please note that from 17 May 2012 land use applications will no longer be processed and parties will be directed to the relevant land council or land owner.

The factsheet Five Year Leases on Aboriginal Land outlines the land use request process and answers some frequently asked questions.

The factsheet End of Five Year Leases outlines the expiration of the five year leases and the process for securing a longer term lease.

All uses of land, especially those affecting landscapes which can be sacred to Aboriginal people, must be undertaken in a culturally sensitive manner consistent with the Northern Territory Aboriginal Sacred Sites Act. More information about this legislation is available on the Aboriginal Areas Protection Authority website.

Seeking a Lease from the Land Owner

Land use approval is not a secure lease and does not grant ownership to the approved party.

At the expiration of the five year leases, land and infrastructure not subject to a voluntary long term lease will revert back to the land owners. The Australian and Northern Territory Governments have a policy of transitioning five year leases to longer term leasing arrangements. Land users are encouraged to investigate the benefits of negotiating a voluntary long term lease with the traditional owners or community organisations through the relevant land council or community living area representative.

While a five year lease is in place, longer term leases over Aboriginal land must be approved by the Minister for FaHCSIA. Once the Minister’s approval is obtained the area of these leases is automatically excluded from the area of the Commonwealth’s five year lease.

If the owner of a five year leased Community Living Area issues a lease to another party, this lease will not take effect until the Commonwealth’s five year lease expires or the leased area is excluded from the area of the Commonwealth’s five year lease.

The factsheet Leases on Aboriginal Land in the Northern Territory outlines longer term leasing options.

Further information about longer term leasing arrangements may be obtained by emailing secure.tenure@fahcsia.gov.au

List of Five Year Leased Communities

The name, land type and relevant land council of the 63 five year leased communities are detailed below.

N.B. All leases expire on 17 August 2012 regardless of the date of commencement.