Carter, Jean --- "Letter to the Editor: Wreck Bay, continued" [1986] AboriginalLawB 14; (1986) 1(19) Aboriginal Law Bulletin 4

• Letter To The Editor: Wreck Bay, Continued

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Letter to the Editor:

Wreck Bay, continued

From Jean Carter, resident of Wreck Bay.

The Editor,

I wish to state my support for the article by Alastair Walton on the Wreck Bay Land Rights published in the AboriginalLB June 1985. ([1985] AboriginalLB 35; 1(14)pg5)

Being a resident of Wreck Bay entitles me to publicly state that Mr Walton's article did report accurately the situation that existed in Wreck Bay at that time. For the record and readers of AboriginalLB, I would like to address the comments made by Mr Kim Wilson; senior private secretary to the Minister of Aboriginal Affairs, Mr Clive Holding, published in the October 1985 edition of the AboriginalLB. ([1985] AboriginalLB 73; 1(16)pg15

Mr Wilson's claim to due consultation and negotiation with the indigenous Aboriginal people of Wreck Bay and his Department are misleading. Does he mean that five or six meetings with us over a period of ten years is a true process of consultation and negotiation? In fact, lack of negotiation and consultation is clearly highlighted in the presence of a restrictive clause appearing in the recent land grant offer 1984/85.

This same restrictive clause first appeared in the offer of a lease to the Aboriginal indigenous people of Wreck Bay in the '70s. This clause is in reference to the area marked Summercloud Bay, this particular area is in the middle of the land grant offer of '85 and was clearly defined in the lease offer of the '70s. The restrictive clause stated that Summercloud must remain a Public Recreational area and to be administered by the Department of Territories and Local Government. This same clause was a major deciding factor in the rejection of the lease offer and is still a contributing factor in the rejection of the land grant offer of 1985, by 75% of the community after ten years of consultation and negotiation. No matter how weak the process has been, our insistence that this particular area is very important to us must surely be recognised by now!

The Aboriginal indigenous people of Wreck Bay have not preserved their land in pristine condition to have their sacred sites, landmarks and camping grounds put up for grabs for the tourist industry. The Capital Territories and Local Government Department are promoting tourism in the Bherriwerri peninsula, or Jervis Bay region as it is commonly known. Living in Wreck Bay, I fail to see where the considerable resources that have supposedly been expended in providing information to our community, have gone. Two letters signed by Mr Holding, one being a joint letter signed by Mr Tom Uren, Minister of Territories and Local Government, proposed to provide funds to acquire the services of an Aboriginal solicitor to advise and direct the community in regards to the land grant offer. What did happen was a minority group representing 25% of the community were allocated $10,000 to provide their organisation with legal advise.

The South Coast Aboriginal Legal Aid Service, because of a constitutional rule, must remain neutral with disputing Aboriginal clients, therefore they could not be available for service. This in fact meant that 75% of the community were denied access to Legal Aid due to lack of funding. In addition, the mention that a firm offer to claim other areas, these being Blacks Harbour and Bherriwerri Beach, is not correct.

'There is no reason why at a further date etc.' does not amount to being an offer at all; just advice. What was requested was that in the land rights legislation, these other areas be named and legally be protected from any further development until future negotiations. I believe such a request does not indicate confusion and uncertainty.

The mentioned survey was taken by five members in the community and was done without authority. The information received was to remain confidential and not to be used outside of Wreck Bay, at least this was what the residents were told. The questionnaire did not ask if we wanted to accept or reject the land grant, it did ask if we wanted land rights - land rights and the land grant not being the same thing.

With a clear breach of confidentiality this information reached the Department of Aboriginal Affairs and was publicly presented to the Minister at Wreck Bay on 21/10/85. Mr Holding was dramatically made aware that the information he was being presented with by Mr George Brown was a clear breach of confidentiality.

The poor turn out of the ballot was because members' families were being denied the right to vote simply because they were not residents. They are not residents because of the overcrowding and lack of funds to build these members homes within a radius of 40 kilometres from Wreck Bay and are charged extremely high rental for poor quality housing and essential services.

It makes me angry to read your conclusions as to why an acceptance is not forthcoming. No, Mr Wilson, it is not a fear that one group will overrule another indecision making. We know enough about elections process to make votes swing one way or the other, what we are concerned about is our Aboriginal land being signed away by a small percentage of the community. These are the ones the Government will support and flatter because they are doing what Governments have done before and are still doing, faking Aboriginal land from the indigenous people of Australia.

The so-called meeting with Mr Holding and Mr Perkins with a delegation from Wreck Bay is blatantly untrue. At a chance meeting with Mr Holding and Mr Perkins in Redfern. June 1985. 1 had the opportunity to answer Mr Holding's question. 'Why haven't you people taken the land offer at Wreck Bay?' Mr Holding looked extremely surprised when the answer given was because it excludes important land areas, that being Bherriwerri Beach and Blacks Harbour. After the short talk with Mr Holding, he instructed Mr Perkins to arrange a meeting with the Wreck Bay community for further discussions.

A short meeting with one person from Wreck Bay does not constitute a delegation, wouldn't you agree Mr Wilson?

I would just like to conclude that I see the AboriginalLB as a platform for Aboriginal issues.

Jean Carter, resident of Wreck Bay.