Keon-Cohen, Bryan --- "Land Rights News" [1982] AboriginalLawB 51; (1982) 1(5) Aboriginal Law Bulletin 12

• Land Rights News
• Wa Pastoral Lease Transfer: A Change Of Policy
• Nt Land Rights Amendments – The Sixth Round Announced
• Victorians Make Land Claims

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Land Rights News

by Bryan Keon.Cohen

WA Pastoral Lease Transfer: A Change of Policy

The WA Government, following the personal intervention of Premier O'Connor, appears to have reversed its policy of opposing the transfer of pastoral leases to Aborigines.

In June, State Cabinet received Public Service advice that, to avoid further. Noonkanbahs, no more land should be transferred to Aboriginal control. Cabinet accordingly refused approval for the transfer of the Carson River pastoral lease from the Benedictine Order to a company in which two of the three shareholders were prominent Aborigines. This most contentious refusal seriously disrupted plans held by Aborigines at Kulumburu to manage their own affairs. Kulumburu is a mission station next to Carson River. It has been operated by the Benedictine Order for seventy-four years.

A compromise solution was proposed: the Carson River Pastoral Company Pty. Ltd. would be restructured. The three shareholders would be the Aboriginal Development Commission, the WA state Aboriginal Lands Trust, and the Kulumburu Community. The Minister for lands, Mr Laurance, and the Minister responsible for Aboriginal Affairs, Mr Shalders, initially rejected the suggestion, seemingly because it would still result in Aboriginal control of the land. However, Premier O'Connor overruled their objection in early July, clearing the way for the transfer.

O'Connor's intervention may be seen as heralding a significant change in attitude by at least some elements in the WA Government concerning land rights. On the other hand, it is also election year in WA.

NT Land Rights Amendments – The Sixth Round Announced

On 2 June, the Federal Minister for Aboriginal Affairs, Ian Wilson, announced the broad outline of the Government's proposed sixth series of amendments to the Aboriginal Land Rights (NT) Act 1976. According to the Minister's brief statement, the key proposals are:

• national parks, stock routes and 'other public purpose areas' will no longer be available for claim. As to national parks, the NT Government would negotiate arrangements with Aboriginal Land Councils to grant title over those parks (the subject of valid claims) to Aborigines, and to secure management participation in the operation of those parks on a case by case basis;
• claims will no longer be allowed to lands already purchased by or on behalf of Aborigines. In the past, such claims, if successful, have resulted in the leasehold so purchased becoming freehold in the hands of the traditional owners making the claim; and
• the prior ownership of Uluru (Ayers Rock, Mt Olga) National Park would be recognised by way of a grant of title to Aboriginal Trustees. That area would be declared and managed as a National Park for the benefit and enjoyment of all Australians.

After announcing these proposals, Mr Wilson made the astounding claim that the proposals are 'designed to reduce the tension between, and polarisation of, Aboriginal and non Aboriginal communities in the NT'. Following fourteen months of discussion, these latest amendments remain roundly condemned by the Central Land Council. They have apparently received the 'in principle' approval of the' Northern Land Council, and have long been advocated by the NT Everingham Government which is seen as their main instigator. In short, the battle royal continues to, quite simply, allow the Act to work. If passed, these amendments amount to the most substantial watering down of the Act since its inception in 1976; the amendment would be retrospective to 3 June. And all this is supposed to 'reduce [Aboriginal?] tension'. Labor and Democrat Senators have indicated that, as put forward, they would refuse to pass the amendments in the Senate.

At the same time, the NT Administration has introduced amendments to its sacred site legislation into the NT Legislative Assembly. The amendments propose a system of grading sites in terms of their significance. As a result, the degree of protection afforded to them will vary: sites on the lower scales of 'significance' attract less protection.

Victorians Make Land Claims

As the Victorian Government drafts two land rights enactments - one concerning land at Framlingham near Wannambool and a second of general application in Victoria - Aboriginal groups continue to announce claims to various areas. It appears that more than thirty claims are now either in the pipeline, or before the responsible Minister, Premier John Cain. These include claims to several Melbourne metropolitan sites: the Dandenong Police Station, a school at Wanandyte, the Merri Creek Reserve, the Coilingwood tip, and properties in the shire of Narre Warren and in Wellington Road, Mulgrave.

On 18 June, the Cabinet Secretary and Member assisting the Premier on Aboriginal Affairs, Dr Ken Coghill, spoke about the draft legislation to an Aboriginal Development Commission conference held in Melbourne. He stated that the main categories for claiming land rights would be traditional ownership, the needs of the Aboriginal community, and long association with trusts or reserves. These bases for land claims are familiar; they are three of the four bases recommended by the NSW Keane Parliamentary Committee of Inquiry. The fourth Keane Committee basis - compensation - appears to have been rejected by the Victorian Cabinet. Both pieces of legislation have been promised for the Spring session of State Parliament.