The silence of the Northern Land Council (NLC) in the two weeks since the announcement of the “national emergency” in the Northern Territory has been puzzling.

One would have supposed it would be lay down misere that the body that represents Traditional owners in the northern part of the Territory would have raised objections to the abolition of the permit system and the compulsory acquisition of leases by the Commonwealth over “prescribed towns”.

Neither NLC boss Norman Fry nor chairman John Daly have uttered a peep.

The reason is now clear. The NLC has been in secret negotiations with the Commonwealth — unknown to their counterparts at the Central Land Council (CLC) — to stitch up the leasing details for the “prescribed towns”.

Word has it that the deal will be worth $600 million over five years for the 60-odd communities and townships destined for Commonwealth takeover — including centres now under the wing of the CLC.

The negotiations have been occurring despite a growing chorus of objections from Traditional Owner groups throughout the Northern Territory — and without any of them knowing about the back room dealings by the NLC.

Under the Land Rights Act (s.23), the land councils have to ensure that Traditional Owners are fully informed about decisions concerning their land, and that they fully understand any proposal, before assent can be given. It then has to be ratified by a meeting of the full Council — about 80 or so elected Aboriginal leaders in the NLC area.

The niceties of the law apparently hold no sway in this Faustian deal. While $600 million could very well better be spent on trivial items such as housing, instead of over compulsory leases that no one outside of Canberra wants, the Land Rights Act is withering on the vine.