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Land and Sea Use Agreements

    • Land Use Agreements

    Land Rights Act 

    In 1976, the Parliament of Australia passed the Aboriginal Land Rights (Northern Territory) Act 1976 (Commonwealth) (Land Rights Act).


    The Land Rights Act set up the first system in Australia where Aboriginal people could make land claims based on their traditional connections to land. Aboriginal land granted under this system was handed back by the creation of Land Trusts.


    The Land Rights Act also created land councils to help administer the land claims process and to manage leasing and land use on Aboriginal land. The Land Rights Act provides the legal framework for progressing social, commercial and economic development activities on Aboriginal land on behalf of traditional Aboriginal owners. Most non-mining development activities on Aboriginal land require an agreement under section 19 of the Land Rights Act. These are commonly referred to as section 19 agreements.

    Native Title 

    On 3 June, 1992, the High Court of Australia delivered its landmark Mabo decision which rewrote the Australian common law and gave a massive boost to the struggle for the recognition of Aboriginal land rights.

    Put simply, the decision said that under Australian law, Aboriginal people have rights to land – rights that existed before colonisation and which still exist. This right is called native title.


    By a majority of six to one, the High Court ruled that native title to land is recognised by the common law of Australia, throwing out forever the legal fiction that when Australia was "discovered" by Captain Cook in 1788 it was terra nullius, an empty or uncivilised land.


    The case centred on the Murray Islands in the eastern part of the Torres Strait Islands between Australia and Papua New Guinea. The Meriam people, led by Eddie Koiki Mabo, took the action to the High Court to overturn the doctrine of terra nullius.

    The judges in the case declared that:


    “... the Meriam people are entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands”

    It was the first time that the High Court had considered the position of Indigenous people in Australian property law and their judgement was not restricted to the Murray Islands.


    Justice Brennan said:


    “... there may be other areas of Australia where an Aboriginal people, maintaining their identity and their customs, are entitled to enjoy their native title.”


    Reviewing the history of non-Aboriginal Australia, Justice Brennan wrote:


    “Aborigines were dispossessed of their land parcel by parcel, to make way for expanding colonial settlement. Their dispossession underwrote the development of the nation.”


    Settlements, land grants and pastoral leases:


    “... spread across the continent to dispossess, degrade and devastate the Aboriginal peoples and leave a national legacy of unutterable shame. The acts and events ... (of Aboriginal) dispossession ... constitute the darkest aspect of the history of this nation... The nation as a whole must remain diminished unless and until there is an acknowledgment of, and retreat from, those past injustices.”
    — Justices Dean and Gaudron

    While recognising the existence of native title, the High Court also confirmed the sovereignty of governments and said that they had the power to acquire native title providing they kept within the law, particularly the Racial Discrimination Act 1975.


    Sections of the mining and pastoral industries, and conservative politicians, reacted angrily to the High Court's decision and urged the Commonwealth Government to overturn it by legislation. They conducted a massive fear campaign against the newly-established land rights of Indigenous Australians.

    Land Use Agreements 

    The number of micro-enterprises, private business, Government and community development activities occurring on Aboriginal land has steadily increased over the last decade. 


    As of 30 June 2022, NLC’s land management responsibilities include overseeing more than 900 section 19 Land Use Agreements that are in place over 4,150 parcels of land. Land parcels under agreement can vary in size from a designated Lot in an Aboriginal community that may be up to 1,000 m2 to a mustering / collection licence over an area that may cover up to 10,000 km2.


    The section 19 agreement process gives traditional Aboriginal owners an opportunity to consider, develop terms and conditions and the right to consent to or reject proposals on their land and seas.


    NLC carries out consultations and negotiations on behalf of traditional Aboriginal owners with those interested in carrying out social, commercial and economic development activities on Aboriginal land and waters. NLC must ensure that any land use proposal is fair and equitable.


    Multi-disciplinary teams within the NLC, comprising of Land Use project coordinators, regional office staff, lawyers and anthropologists, undertake a rigorous assessment of all land use proposals prior to going to consultation. As required, the NLC will also engage external experts to assist with the assessment of land use proposals. Using this process, traditional Aboriginal owners are given the opportunity to make an informed decision in accordance with their traditional decision-making processes. Affected Aboriginal people and communities are also given an opportunity to express their views in relation to land or water use proposals. 


    Where informed consent is given, the NLC may direct the appropriate Aboriginal Land Trust to enter into a section 19 Land Use Agreement with the proponent. 

    Commercial fishing


    From 1 January 2023, section 19 Land Use Agreements are required for any commercial fishers or fishing tour operators wishing to access Aboriginal waters.


    There are several existing long-term access agreements in place for Aboriginal waters in the Northern Territory, access to these specific areas does not require a section 19 Land Use Agreement whilst the long-term access agreement is in place. These long-term access agreements are between traditional Aboriginal owners and the Northern Territory Government


    Agreements are also required for the closed seas around the Crocodile Islands area and the Castlereagh Bay area in East Arnhem Land.

    Please view the commercial fishing page or the fishing tour operators page for more detailed information.

    • LAND USE AGREEMENT NOTES

      The time frame for an assessment of a section 19 Land Use Agreement expression of interest and the subsequent consultation with traditional Aboriginal owners can take a minimum of six months to progress if all information is provided in a timely manner. However, the time required to conduct consultations on section 19 Land Use Agreements will vary depending on the type of interest and the region. The NLC makes no guarantee as to the time taken to conduct those consultations pursuant to its statutory responsibilities under the Land Rights Act.


      Third parties that seek an interest or a right to operate on Aboriginal land or waters are expected to bear reasonable costs associated with the delivery of the NLC services associated with their expression of interest. The NLC will attempt to share costs between proponents where appropriate and convenient.


      COVID-19 World Health Pandemic - In March 2020, the Australian Government announced a Human Biosecurity Emergency in response to the COVID-19 World Health pandemic outbreak in Australia. Aboriginal people living in remote communities were considered to be at great risk. Due to public health restrictions and the NLC prioritising the safety of its Aboriginal constituent’s extreme caution was applied with the planning and delivery of community consultations. As a result, many scheduled meetings and consultation meetings were cancelled as COVID restricted the number of consultations the NLC could safely deliver.


      Impact on consultation meetings – As at January 2023 the NLC is scheduling and delivering meetings that were cancelled due to Covid. The NLC takes its statutory function to consult traditional Aboriginal owners and affected Aboriginal groups seriously and is working to hold all pending consultations as soon as practicable. The meeting backlog is across multiple areas that include: Land Claims, Native Title Determinations, Resource and Energy Exploration and Licence applications, and section 19 Land Use Proposals. NLC is only be able to do so many meetings per year due to logistics limitations and staff capacity. It is recommended that proponents continue to communicate with NLC staff regarding a planned future meeting date for their proposal.


      Prioritising section 19 Land Use Consultations - When a section 19 land use proposal is ready for consultation the principles that NLC consider when prioritising the scheduling of a consultation include the following considerations:- Major Project and High Priority Projects.

      • Highest value and benefit to traditional Aboriginal owners and community.
      • Traditional Aboriginal owner interests.
      • Government Leasing.
      • Other Aboriginal business interests.
      • Proposals that have been waiting for the longest period of time.

    Land Use Agreements Forms

    Download a S19 Land Use Agreement Expression of Interest application form by clicking the button below.

    S19 Land Use Agreement EOI Application Form

    Download a S19 Land Use Agreement Expression of Interest Blue Form by clicking the button below.


    The S19 Land Use Agreement Blue Form applies to commercial fisher and fishing tour operators. 

    S19 Land Use Agreement EOI Application Blue Form
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    FAQs: Land USE AGREEMENTS

    • What kind of interest in land can I get under a section 19 agreement?

      A section 19 agreement may be in the form of a 'lease' or a 'licence'. A lease includes the right to use that land for a term of years and to exclude people from entering that land. A licence gives the proponent permission to use Aboriginal land for a particular purpose but not to exclude others from that land. A section 19 agreement details the specific rights and duties of each of the parties.

    • What types of activities can I undertake under a section 19 agreement?

      A section 19 agreement will specify what activities a proponent or third party can undertake. Section 19 land use agreements have been approved in the NLC region for the following purposes:

      • Residential Housing / Home Ownership / Indigenous Public Housing
      • Pastoral, Grazing and Mustering
      • Horticulture, Forestry and Irrigated Agriculture
      • Tourism, Sports Fishing and Safari Hunting
      • Fisheries and Aquaculture
      • Pet Meat and Wildlife Harvesting
      • Extractive Minerals and Renewable Energy
      • Retail, Community and Commercial Services
      • Environmental Services
      • Barge Landings and Airstrips
      • Telecommunication Infrastructure
      • Transport and Construction
      • Manufacturing and Processing
      • Housing and Property Development

    • Who approves a section 19 agreement?

      Under section 19 of the Land Rights Act, the NLC may direct a Land Trust to grant a section 19 agreement to an individual or company, known as a third party or a proponent (who may also be a traditional Aboriginal owner of the land).


      The NLC may only direct an Aboriginal Land Trust to enter into a lease or licence agreement after it is satisfied that:


      1. Traditional Aboriginal owners understand the nature and purpose of the proposed section 19 agreement and have consented to it;
      2. Traditional Aboriginal owners have consented to the section 19 agreement by a traditional decision-making process, or if such a process does not exist, by an agreed process;
      3. Affected Aboriginal groups or communities have been consulted and had an opportunity to put forward their views; and
      4. The terms and conditions of section 19 agreement are reasonable.

      If a section 19 agreement is for more than 40 years or worth more than $1 million, it must also be approved by the Commonwealth Minister responsible for the Land Rights Act.

    • Who does the NLC need to consult?

      Before directing a Land Trust to grant a section 19 agreement, the NLC must consult with:

      1. Traditional Aboriginal owners of the lease area or licence area; and
      2. Aboriginal communities and groups who may be affected by the proposal.

      The traditional Aboriginal owners will consider the proposal and might refuse it, consent to it or ask for changes (negotiate). Traditional Aboriginal owners must give their consent to the proposal for it to progress.


      The NLC must also give other interested and affected Aboriginal groups and people (such as local residents) an opportunity to provide feedback or to give their opinion about the proposal.

    • When will the NLC undertake consultations?

      Due to the volume of consultations each year, the NLC forward-schedules consultations across its region twice a year, at the beginning of the year and mid-way through the year.


      The proposed key terms and conditions of a section 19 agreement must be settled before the NLC can consult. The first term that must be settled is the lease area or licence area that will be subject to the section 19 agreement. The lease area or licence area is required to identify traditional Aboriginal owners.


      Other information that needs to be provided in order to get the fully informed consent of traditional Aboriginal owners at consultations include:

      • The identity of the lessee or licensee (i.e. the holder of the interest)
      • The purpose of the agreement/activities permitted under the agreement
      • Compensation i.e. rent or licence payments
      • The term/length of the agreement
      • The construction of infrastructure
      • Employment opportunities
      • Protection of sacred sites and the environment
      • Future transfers or assignments of the interest

    • What happens if traditional Aboriginal owners refuse consent to a proposal?

      If traditional Aboriginal owners do not consent to a section 19 agreement then it cannot be progressed any further.

    • What happens if traditional Aboriginal owners cannot make a decision?

      Sometimes multiple consultation meetings may be required for traditional Aboriginal owners to reach a consent decision. If traditional Aboriginal owners are unable to make a decision, the section 19 agreement cannot progress.

    • How does the NLC decide if the terms and conditions are reasonable?

      In deciding if the terms and conditions are reasonable, the NLC might:

      • Compare the proposal with similar agreements in the NLC region
      •  Look at whether the agreement will create social or economic benefits for the community
      • Consider obtaining expert advice
      • Consider the wishes and views of the traditional Aboriginal owners

    • How does the NLC approve a section 19 agreement?

      The NLC (at a Full Council, Executive Council or Regional Council meeting) will decide whether to pass a resolution that the Land Trust grant the lease or licence. The Executive Council mostly makes these decisions.

    • How long does it take to get a section 19 agreement?

      To progress an expression of interest up to the agreement stage takes resources and time. Consideration must be given to the large number of existing applications, competing priorities, and the steps that NLC follow from registering the expression of interest to having an agreement executed.


      The time it will take to get a section 19 agreement will be impacted by a large range of factors, including:

      • Availability of NLC resources to assess your proposal, negotiate an agreement and undertake consultations.
      • Availability of traditional Aboriginal owners for consultations and whether they wish to be consulted on more than one occasion.
      • How many Aboriginal groups or communities may be affected by the proposal.
      • Whether the proposal is for an existing use or renewal of an agreement or if it is for a new development.
      • The complexity of the proposal, including the amount of land subject to the lease or licence.
      • Whether you have provided all relevant information NLC has requested in advance.
      • Whether there are any disputes in relation to the land the subject of the lease or licence.

      For simple proposals, it could take a minimum of 6 months to finalise a section 19 land use agreement. For complex proposals, it can take 12 months or longer.


      The NLC is working through the impact of travel and lockdown restrictions from the COVID-19 pandemic. There is currently a large backlog of section 19 land use proposals waiting for consultation meetings with traditional Aboriginal owners. Longer than expected delays may be experienced, please contact the NLC for an update on the status of your section 19 expression of interest.

    • Once approved by the NLC, how long does it take to get a section 19 agreement signed?

      If a section 19 agreement is approved then the NLC, the relevant Land Trust and the proponent must sign the agreement. Land Trust members often live in remote communities or outstations that may have limited road access at certain times of year. This can lead to delays in executing agreements and it may take longer than you expect from a typical commercial setting.

    • What if my agreement needs approval from the Commonwealth Minister responsible for the Land Rights Act?

      Under the Land Rights Act, agreements for more than 40 years or worth more than $1 million must be approved by the Commonwealth Minister responsible for the Land Rights Act. The NLC is responsible for obtaining this consent after the NLC has approved the land use agreement.

    • Is there a way to get my section 19 agreement progressed in a shorter time frame?

      The NLC receives around 200 expressions of interest over parcels of land each year - that's around an expression of interest every work day. With such high volumes of proposals for section 19 agreements being received there are a number of ways that proponents can assist the NLC to process their section 19 agreement.

      1. Providing detailed and accurate information in the expression of interest form submitted to the NLC will reduce time spent by NLC staff on following up for further information and will facilitate efficient negotiations.
      2. As a general rule, less is more when it comes to lease areas and licence areas. The larger and more remote the area of land, the longer it will take because more groups need to be consulted. If a proponent is unsure whether or not they will use a particular area of land then they should discuss with the NLC whether it would be beneficial to remove that area from their proposal.
      3. Contributing to the costs of consultation meetings is often an effective way to have a proposal progressed in a timely manner.

    • How much does it cost to get a section 19 agreement?

      There are generally two types of costs associated with a section 19 agreement:

      1. Compensation payments, such as rent or licence fees, made under the section 19 agreement (see next FAQ)
      2. Costs associated with consultations

      The NLC operates on a cost recovery model in line with internal policies. The NLC regularly recovers costs for holding consultations meetings. For more complex proposals and agreements the NLC may also recover costs in relation to negotiating or implementing section 19 agreements. These costs are negotiated with proponents upfront.

    • Who receives rent or licence payments made under a section 19 agreement?

      Compensation payments must be paid to the NLC and distributed in full (including interest) to or for the benefit of traditional Aboriginal owners. A Land Trust cannot receive compensation or rent money.


      The NLC does not make any deductions from compensation or rent payments. The NLC may separately recover costs directly from third parties and proponents associated with negotiating or administering a section 19 agreement.

    • Who at the NLC is responsible for progressing my section 19 proposal?

      The NLC’s Regional Development team plays the lead role in coordinating and managing section 19 agreements, which includes the expression of interest process, coordinating a multi-disciplinary team to undertaking a rigorous assessment of each proposal, organising the logistics for consultations, facilitating consultation meetings with traditional Aboriginal owners to make an informed decision about proposals and consulting affected Aboriginal communities and groups to seek their views.


      The Regional Development Branch comprises the NLC’s Regional Office network and a regional operation supported by positions in 11 locations: Darwin, Katherine, Timber Creek, Ngukurr, Borroloola, Tennant Creek, Jabiru, Maningrida, Wadeye, Nhulunbuy and Galiwin’ku. About 65 per cent of NLC’s Regional Development team are Indigenous, most of them recruited locally with close ties to the regions that they work in.

    • Can I make a section 19 agreement directly with traditional Aboriginal owners?

      No. Aboriginal land is not owned by individuals. Aboriginal land is held by Land Trusts on behalf of the traditional Aboriginal owners as a group. The only legal way to make an agreement to use and profit from Aboriginal land is through the NLC. The Land Rights Act ensures that traditional Aboriginal owners exercise their traditional control over their land as a group and receive any compensation.

    • Do I need a section 19 agreement to access Aboriginal land?

      Individuals can access Aboriginal land with a permit. A permit is only appropriate for access. It is not appropriate for other activities. If you use or run activities on Aboriginal land without a current section 19 agreement you are at risk of committing an offence under the Aboriginal Land Act (NT), Land Rights Act or the Criminal Code Act 1983 (NT), and the NLC may have a right to claim compensation for the traditional Aboriginal owners from you.

    • sea Use Agreements

    • Fishing Tour Operators

    Fishing tours and guided fishing is an integral part of NT tourism and occurs in all waters including Aboriginal waters. The term ‘Aboriginal waters’ refers to waters overlying Aboriginal land.

    Permission is required to enter Aboriginal land and waters, including for Fishing Tour Operators. Permission to fish in Aboriginal waters is provided via Section 19 Land Use Agreements administered by the NLC. 


    The following information outlines access arrangements for Fishing Tour Operators who would like to access Aboriginal waters from 1 January 2023.

    Green Zones

    No section 19 required

    Fishing Tour Operators and their clients who would like to access Aboriginal waters marked in green on the Fishing Tour Operator Aboriginal Waters Access Map are able to do so without the need to apply for a Section 19 Land Use Agreement. 


    The Traditional Aboriginal Owners of these areas have entered into an access agreement with the Northern Territory Government to allow people to access their waters.

    Black, Blue and Purple Zones

    Section 19 required

    Fishing Tour Operators who would like to access Aboriginal waters marked in black, blue and purple on the Fishing Tour Operator Aboriginal Waters Access Map need to apply for a Section 19 Land Use Agreement. Please click on the link below to apply.

    Download Blue Form Application

    Fishing Tour Operators who have a valid Section 19 agreement in place, please click the link below to apply for a Recreational Fishing Permit for your clients.

    Recreational Fishing Permits Application

    Red Zones

    Fishing Tour Operators are not allowed to access Aboriginal waters marked in red on the Fishing Tour Operator Aboriginal Waters Access Map. 

    Access is restricted to the Fishing Tour Operator sector for Aboriginal waters in the following locations:


    • Along the Finniss coast and the Peron Islands area (including the Little Finniss)
    • Areas around the Mini Mini system down to an area just north of the mouth of the East Alligator River (including Saltwater Creek and Murgenella Creek)

    Aboriginal Waters Access Map - Fishing Tour Operators

    Unauthorised entry onto Aboriginal land and waters could result in a fine of 50 penalty units (currently $15,650) under Commonwealth law, or 8 penalty units (currently $1,408) under Northern Territory law. The acceptance of insurance claims on Aboriginal land may also rely on a valid permit.


    Please contact Darwin Head Office at reception@nlc.org.au or (08) 8920 5100. If you would like any further information, please contact the Sea Country team at seacountry@nlc.org.au or (08) 8980 1925


    This information was updated on 19 July 2023

    Download PDF of Map

    View all Aboriginal Waters Access Maps in link below:

    Aboriginal Waters Access Maps
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    • Commercial Fishing

    Commercial fishers operate in various waters including Aboriginal waters. The term ‘Aboriginal waters’ refers to waters overlying Aboriginal land.

    Permission is required to enter Aboriginal land and waters, including for Commercial Fishers. Permission to fish in Aboriginal waters is provided via Section 19 Land Use Agreements administered by the NLC. 


    The following information outlines arrangements for commercial fishers who would like to access Aboriginal waters from 1 January 2023.

    Green Zones

    No section 19 required

    Commercial fishers who would like to access Aboriginal waters marked in green on the Commercial Fishing Aboriginal Waters Access Map are able to do so without the need to apply for a Section 19 Land Use Agreement.


    The Traditional Aboriginal Owners of these areas have entered into an access agreement with the Northern Territory Government to allow people to access their waters.

    Black, Blue and Purple Zones

    Section 19 required

    Commercials fishers who would like to access Aboriginal waters marked in black, blue and purple on the Commercial Fishing Aboriginal Waters Access Map need to apply for a Section 19 Land Use Agreement. Please click on the link below to apply:

    Download Blue Form Application

    Red Zones

    Commercial fishers are not allowed to access Aboriginal waters marked in red on the Commercial Fishing Aboriginal Waters Access Map.

    Access is restricted to the Fishing Tour Operators fishing sector for Aboriginal waters in the following locations:


    • Along the Finniss coast and the Peron Islands area (including the Little Finniss)
    • Areas around the Mini Mini system down to an area just north of the mouth of the East Alligator River (including Saltwater Creek and Murgenella Creek)

    Aboriginal Waters Access Map - Commercial Fishing

    Unauthorised entry onto Aboriginal land and waters could result in a fine of 50 penalty units (currently $15,650) under Commonwealth law, or 8 penalty units (currently $1,408) under Northern Territory law. The acceptance of insurance claims on Aboriginal land may also rely on a valid permit.


    Please contact Darwin Head Office at reception@nlc.org.au or (08) 8920 5100. If you would like any further information, please contact the Sea Country team at seacountry@nlc.org.au or (08) 8980 1925


    This information was updated on 19 July 2023

    Download PDF of Map

    View all Aboriginal Waters Access Maps in link below:

    Aboriginal Waters Access Maps
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