Wilson, Kim --- "Letter to the Editor: Wreck Bay Land Rights" [1985] AboriginalLawB 73; (1985) 1(16) Aboriginal Law Bulletin 15

• Letter To The Editor: Wreck Bay Land Rights

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Letter to the Editor:

Wreck Bay Land Rights

Dear Sir,

I wish to comment on an article by Alastair Walton on Wreck Bay land rights, contained in your June issue of the Aboriginal Law Bulletin. [1985] AboriginalLB 35; 1(14)pg5

Mr Walton seems to imply that the Government is attempting to force land rights on the Aboriginal community at Wreck Bay, without due regard for the consultation process. This is not the case.

Negotiations for land tenure under a perpetual lease commenced in 1973, and proceeded for ten years without resolution. One of the first acts of the present Minister for Aboriginal Affairs, Clyde Holding, was to open up the channels of communication, and to ptovide some impetus to the negotiations which now involve a proposed grant of inalienable freehold title.

Considerable resources have been expended on providing detailed information to the community. The Department provided funding to one of the representative organizations at Wreck Bay to engage legal representation, wh ile other sectionsof the community were represented by the South Coast Aboriginal Legal Service.

Following months of discussion, the Government made an offer in June 1984 of an increased area of land, which included areas of particular concern to the community. At the time of the offer the Minister agreed that the option was to be left open for more extensive claims to be made ate later date. The offer was made in the belief that the absence of a firm offer from the Government was creating uncertainty and confusion in the community.

Your readers will be interested to know that, of their own accord, the community held a ballot on the grant offer, in August 1984. While the result of the ballot was overwhelmingly in favour of accepting the offer, and despite a request by senior community members that the vote be recognised, the poor turn-out at the ballot meant that the results could not be considered as conclusive. It is of particular concern that one of the underlying causes of the failure of negotiations to date appears to bethe division within the community, and the fear of the outcome of a land grant in terms of power distribution between factions.

It is appropriate that these matters be left to the communityto resolve, without further pressure being applied by outside agencies.

Of course, the Minister is always available to the people of Wreck Bay, as are senior representatives of the Department. Indeed, the Secretary of the Department and the Minister met with a delegation from Wreck Bay in June, and at their request, the Secretary, Mr Perkins, is to visit the community soon for further discussion.

Kim Wilson

Senior Private Secretary, Minister for Aboriginal Affairs.