Source : Perth Now news
An Indigenous land council has again called for proposed legal changes around how crown land is allocated to be scrapped, saying they water down existing Aboriginal land rights.
The NSW government proposal, which was introduced to parliament in March, was heavily criticised by Indigenous and legal groups who said the bill could impact undetermined Aboriginal land claims.
Under NSW law, Aboriginal land councils can make claims on crown land that is unused, not needed or not being used lawfully, a measure designed to compensate Indigenous people for historical dispossession.
The bill was withdrawn to allow for consultation, including with Indigenous groups, with debate on the bill set to resume in parliament on Tuesday.
NSW community and sporting organisations have called for the bill to be passed with urgency, saying groups that used crown land faced uncertainty in their future because of “ambiguous laws”.
NSW Opposition Leader Kellie Sloane has expressed support for the bill, saying a “technical breach” by a community organisation or sports club could leave the land they used open to being claimed.
But the NSW Aboriginal Land Council said such rhetoric was “fearmongering”.
“We’re all wanting to get on with building opportunities, not just for the broader community, but … we want to be able to assist local Aboriginal land councils to rise up out of the challenges that they face,” chair Raymond Kelly said.
“We see we see land ownership as a real way for them to get to get active.”
Mr Kelly said that despite amendments made to the bill following consultation, the “fundamental issue” remained unresolved.
This issue was that it allowed the government to retrospectively amend crown land leases, potentially affecting the more than 43,000 undetermined Aboriginal land rights claims.
“Retrospective lawmaking is not acceptable,” he said.
“It’s not an acceptable substitute for properly administering crown land and determining land claims in in accordance with the law.”
A spokesperson for NSW Lands Minister Stephen Kamper said the legislation ensured “well-utilised community and sporting facilites on crown land” remained in public hands.
They said the changes would also modernise the crown land management system.
