LAND CLAIMS
The granting of land is now the sole remaining form of compensation for dispossession of land which is available under the Aboriginal Land Rights Act (ALRA). The process involves Land Councils lodging land claims over NSW Crown Land. These claims are then determined by the relevant Minister, or on appeal through the NSW legal system.
Under the ALRA, claimable Crown land is defined as:
- Land able to be lawfully sold or leased, or reserved or dedicated for any purpose under the Crown Lands Consolidation Act (1913), or the Western Lands Act (1901)
- Land that is not lawfully used or occupied
- Lands which are not, in the opinion of the Minister administering the Crown Lands Act (1913), needed or likely to be needed as residential lands
- Lands which are not needed or likely to be needed for an essential public purpose
- Lands that are not the subject of an application for a determination of Native Title, or the subject of an approved determination of Native Title.
If land satisfies the above tests, it is granted to the claimant Land Council.
The New South Wales Aboriginal Land Council may make a claim for land on its own behalf or on behalf of one or more Local Aboriginal Land Councils.
[click here for a Fact Sheet on Land Claims]
Land Councils have a right of appeal against any Ministerial decision to refuse a land claim. Appeals are heard, in the first instance, by the NSW Land and Environment Court.
In addition to its land claims functions NSWALC is charged under the legislation with advising the Minister for Aboriginal Affairs on matters relating to land rights and to prepare and implement policies relating to its functions and those of Local Aboriginal Land Councils.
NSWALC continued to assist LALCs lodge land claims during this reporting period in recognition of the fact that many do not have access to the expertise, resources or funding to do so. This includes researching, lodging, and appealing claims if their refusal is considered to have been unfair.
Status of Land Claims
At Sept, 2009, a total of 20,000 land claims had been
lodged since the enactment of the ALRA in 1983. Less than 20 per
cent of all claims had been granted.
A total of 2,313 land claims have been successful. This represents 13 per cent of all claims, with more than double that number - 5,334 - refused.
At June 20, 2009, a total of 10,058 land claims awaited a determination from the Minister for Lands. The Department of Lands has been directed by the Minister to process 166 of the oldest Land Claims.
The time taken to determine outstanding land claims is an ongoing concern for NSWALC and the LALCs.