NSW Land Rights Act Review
The NSW Aboriginal Land Rights Act - one of the most
significant land rights schemes in Australia - is under review. The outcome
of the review will have far-reaching consequences for Indigenous communities
in NSW.
The NSW Minister for Aboriginal Affairs Dr Andrew Refshauge announced a review of the land rights system in May 2004. This followed his dismissal of the NSW Aboriginal Land Council Board the previous November and appointment of Murray Chapman as Administrator. The review taskforce consists of Mr Chapman, Director-General of the Department of Aboriginal Affairs (DAA) Jody Broun, and Registrar under the Aboriginal Land Rights Act, Steven Wright.
There is a lot at stake in the current government review
of the Aboriginal Land Rights Act in
NSW. The system was set up in 1983 with a strong compensatory element,
recognising that land can have an economic as well as spiritual, social
and cultural significance, and the Act is not premised solely on traditional
ownership like some other legislation. The NSW
Aboriginal Land Council (NSWALC) has accumulated an investment fund
of $550 million, earning interest that pays for land council operations
across the state. Property worth at least $800 million has been acquired
and land councils are also significant rental housing providers to Aboriginal
people. With over 20,000 members, land councils carry out political and
advocacy functions and the state body, NSWALC, has been one of the most
prominent elected Aboriginal organisations in the country.
Proposals will be workshopped in consultation meetings, with legislation due some time in 2005. An issues paper on land dealings is being finalised for Cabinet endorsement and public release. Issues papers on governance and other matters will follow.
Restrictions already apply to land dealings like sales and mortgages, but media reports suggest that some unscrupulous developers have moved in on valuable properties, cultivating individuals at the expense of wider land council membership. Community assets can be squandered if legal protections are too easily evaded. On the other hand using the wealth of the land council network to improve the lives of Aboriginal people in NSW is an obvious priority. The review will evaluate the benefits to Aboriginal people from land rights and whether better outcomes can be achieved.
Governance issues will also feature. There is a three-tier governing structure with NSWALC as the statewide body together with 121 local and 13 regional land councils. The role of regional bodies was diminished by amendments in 1990. Functions have been added to NSWALC over the years and, though often welcomed by the body itself at the time, the risk of overload is a concern. While some local land councils are successful, others lack necessary organisational capacity and many have struggled to meet their statutory obligations.
Financial management is another key issue. The Auditor General has raised various concerns that NSWALC says it has worked hard to remedy in recent months. A report commissioned by NSWALC also highlights the role land councils play in providing housing, with inadequate recognition from government. No doubt other issues will emerge in community consultations when they occur.
schemes, it is vital that ANTaR supporters stay informed. The recent abolition of elected Indigenous bodies by the Commonwealth Parliament shows how politically vulnerable even large institutions can be. We can support Aboriginal people as they protect hard-won gains and improve their governing institutions; by letting government know we are watching their processes and by insisting on transparency, full Indigenous participation and rational policy debate in the lead up to any legislative change.
>> Information from the NSW Dpt of Aboriginal Affairs website here>>
Related issues: Land rights under threat (Northern Territory)
