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Monday 12 August 2002, Media Release

ABORIGINAL ACCESS STILL NEGOTIABLE IN WESTERN LANDS

The NSW Aboriginal Land Council today moved to reassure its membership that access to leased land for traditional purposes in the Western Lands Region could still be negotiated, despite last week's Native Title ruling.

Under Section 47 of the ALRA, Local Aboriginal Land Councils can negotiate agreements with owners and occupiers of land, to provide access to Aboriginal people for the purposes of hunting, fishing or gathering on the land. If the owners refuse to cooperate, a LALC or the NSWALC has the right to pursue this issue through the courts.

"In order to achieve a just outcome and in the spirit of Reconciliation, I would encourage leaseholders to openly negotiate with Land Councils for these access rights for traditional uses. This would afford our people some of the benefits which the flawed Native Title legislation was designed to give us," Chairperson of the NSW Aboriginal Land Council, Rod Towney said.

"Although we have never sought to enforce this section of the Act, the Native Title ruling means that if negotiations between lease holders and local traditional people fail, our people will have a choice. Our people can pursue their rights through Part 8 of the Aboriginal Land Rights Act."

The High Court decision, Wilson v Anderson, handed down on Thursday 8th August ruled the Western Land leases extinguish Native Title. This ruling will affect Native Title claims over the Western Lands Region, which covers more than one third of NSW. The leases in the Western Lands Region which extinguish Native Title are perpetual leases.

Chairperson Towney expressed disappointment with the High Court decision, but stressed that this decision would not affect land claims made under the NSW Aboriginal Land Rights Act (1983).

"Although this is a real blow to our people who are involved with Native Title claims in the Western Lands Region, most Aboriginal people in the areas are members of a Local Aboriginal Land Council, and therefore still able to claim Crown Land under the NSW Aboriginal Land Rights Act. Furthermore, Part 8 of the ALRA provides for Aboriginal people even if they are not members of a LALC. Section 47 of the ALRA states that the LALC can negotiate an agreement for access to land on behalf any specified Aborigines or Group of Aborigines." Chairperson of the NSW Aboriginal Land Council, Rod Towney said.

NSW Land Rights, which exist under the NSW Aboriginal Land Rights Act (ALRA), are often confused with Native Title rights. Under the ALRA, Local Aboriginal Land Councils can claim freehold rights or leasehold rights in the Western Lands Division, to vacant Crown Land which is not earmarked for any essential public purpose. The Native Title legislation is a Commonwealth Act which grants recognition of the traditional rights of Aboriginal people to land.

"It is completely disheartening to us that nearly every High Court decision handed down since Mabo has only served to diminish our rights as Australia's first people. This is not Reconciliation. This only proves we have a long way to go to have our rights recognised in this country."