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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Aboriginal Law Bulletin --- "Uluru is the Rock" [1985] AboriginalLawB 16; (1985) 1(13) Aboriginal Law Bulletin 3


Uluru is the Rock

The Federal Government and the Ayers Rock Aboriginal Community. comprising the Pltjangatjam. Yankunyljaljam and Matuntjam tribes, have come very close to the final agreement on the transfer of lease for the Uluru National Park

The process which has enabled the Federal Govemmentto grant inalienable freehold title to 1,325 square kilometres, known as Uluru National Park, and then have the Aboriginal community lease it back for 99 years is a three staged one.

Firstly, the Northern Territory Aboriginal Land Rights Act of 1976 will have to be amended, enabling the Minister for Aboriginal Affairs to hand over the title to the land.

Secondly, the Commonwealth National Parks and Wildlife legislation will hove to be amended to establish the park and a board of management.

Lastly, there will be a document In the form of a lease which will provide the means of operation and manifest the powers of the owners and lessee.

The Ayers Rock-Mount Olga area was once part of the Petermann Aboriginal Reserve. In 1958 the Federal Government proclaimed the area a national park due to pressures from tourists and associated industries. In 1959 the first leases for motels, petrol stations, and an airship were granted.

In 1979 the Pitjantjatjara Council laid claim to 6,775 square kilometres Including the national park, on the grounds of traditional association and sacred sights.

Justice Toohey while the Northern Territory Land Commissioner could only give title to 5,500 square kilometres to the north and east of the pork. He was unable to hand over title to the national park because it was not unalienated crown land, though he believed the Aboriginal claimants had established attachment to the area.

In November 1983 Prime Minister Hawke proclaimed that the Government would grant the area to the local Aborigines after they had petitioned the Government, as they had done unsuccessfullywith the previous Fraser Government. After this announcement the then Chief Minister for the Northern Territory, Paul Everingham, called an early election which he subsequently won.

The necessary legislation for the establishment of Uluru is expected to go before the Federal Parliament very soon.


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