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The Central Land Council says that amendments to the Aboriginal Land Rights Act for whole-of-community leases on Aboriginal land are unnecessary, expensive and will prevent traditional owners having any control over future commercial developments on Aboriginal land.
The Australian Government has today announced changes which will enable the Northern Territory Government to lease entire communities and subsequently sub-lease to whoever it chooses.
CLC Director David Ross said that while the Central Land Council welcomed the voluntary nature of these new arrangements, it was concerned that the costs for surveys and administration – likely to run into millions of dollars – will far outweigh any benefits that the amendments would deliver.
"Aboriginal people are being forced to pay for these new arrangements from the Aboriginal Benefits Account which is for community development purposes. Furthermore, they are being asked to forfeit any benefits from commercial development on their communities in the future," Mr Ross said.
"I think that the amendments are probably unnecessary given the Government was unable to detail or provide any evidence of shortcomings in the lease provisions of the existing legislation.
"It is a waste to introduce a whole new land tenure system merely because successive NT Governments have refused to acknowledge or utilise the Aboriginal Land Rights Act," he said.
Mr Ross said proper application of the Aboriginal Land Rights Act and the NT Planning Act would have resolved any so called 'uncertainties' or issues concerning ownership of assets.
"If tenure is at the heart of community infrastructure and development problems, why hasn't the NT Government removed impediments to leasing on communities off Aboriginal land? On these communities, legislation does not allow any leases for commercial development," Mr Ross said.
The Central Land Council had put forward a model of a three tiered leasing system using the existing provisions of the Act based on the main categories of land users in communities: residential housing, government infrastructure and commercial operations.
"The CLC's model would have ensured we can tackle the most immediate issues relating to community housing stocks as a priority, while still clarifying and streamlining other leasing and service delivery arrangements," Mr Ross said.
5 October 2005
