Aboriginal Law Bulletin --- "Land Claim Status - Kenbi Land Claim; Mount Barkly Land Claim; Warlpiri Kukatja and Ngarti Land Claim; Mount Allen Land Claim" [1985] AboriginalLawB 68; (1985) 1(16) Aboriginal Law Bulletin 13

• Land Claim Status
• Kenbi Land Claim
• Mount Barkly Land Claim
• Warlpiri Kukatja And Ngarti Land Claim

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Land Claim Status

Kenbi Land Claim

In R v Toohey, ex parte Northern Land Council ((1981) [1981] HCA 74; 56 ALJR 164; 38 ALR 439) the High Court held that the Aboriginal Land Commissioner could proceed hearing the Kenbi Land Claim if the NLC could prove that NT regulations incorporating the claimed land as part of the town of Darwin were invalid. The NLC's argument is that the regulations are invalid because they were made for an improper purpose-not a town planning purpose but in order to block the Aboriginal land claim.

To prove this improper purpose the NLC needs access to documents held by the NT Govemment. The Aboriginal Land Commissioner ordered the Government to produce those documents. The NT Government resisted the order, arguing that the documents were covered by 'legal professional privilege'. The argument was rejected by the Full Federal Court in September 1984. The NT Government appealed to the High Court. On 25 September 1985, the High Court dismissed the appeal by a 4 to 1 majority.

The case now goes back to the Aboriginal Land Commissioner where the NLC will attempt with access to the documents, to prove that the regulations are invalid.

The Kenbi land cloim was first lodged in 1978.

Mount Barkly Land Claim

The Minister for Aboriginal Affairs, on 30 July 1985, announced his decision to grant all the land recommended by Justice Keamey in the Mount Barkly land claim. The genesis of the claim arose from action by the Willowra Pastoral Co. which has successfully run the adjacent Willowra cattle station for eight years. Willowra became Aboriginal land under the NT Land Rights Act in 1983. The Company purchased the Mount Barkly cattle property in 1981 and that, too, has now become Aboriginal land under the Act.

Warlpiri Kukatja and Ngarti Land Claim

The Minister for Aboriginal Affairs, Mr Holding, has decided that all the land recommended for grant by Mr Justice Kearney, Aboriginal Land Commissioner, will be granted.

The grant covers some 2,340 square kms of arid country north-west of Alice Springs adjacent to the border of Western Australia.

The Mount Allen land claim has been granted to an Aboriginal Land Trust after the Minister for Aboriginal Affairs, Mr Clyde Holding, had decided upon a recommendation from the Aboriginal Land Commissioner, Mr Justice Kearney.

The grant covers an area of 2500 sq km about 240km north-west of Alice Springs.

Mount Allen is a self supporting profitable cattle station where a successful tuberculosis and brucellosis eradication program has substantially improved the value of the property above its purchase price. It is expected to benefit at least 378 Aboriginals.