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Thursday 08 August 2002, Media Release

HIGH COURT DECISION OVER WESTERN LAND REGION

The NSW Aboriginal Land Council today expressed disappointment with the High Court decision which ruled the Western Land leases extinguish Native Title, but stressed that this decision would not affect land claims made under the NSW Aboriginal Land Rights Act (1983).

The High Court decision, Wilson v Anderson, handed down today will affect Native Title claims over the Western Lands Region, which covers more than one third of NSW. The leases granted in the Western Lands Region are perpetual leases.

"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," 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.

Chairperson Towney said that Native Title claimants whose rights have now been extinguished in these areas may be able to gain some of the benefits they were seeking through the Native Title legislation through a seldom applied section of the NSW Aboriginal Land Rights Act.

"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," Chairperson Towney said.

"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.

"We at the Land Council have always expressed our concerns regarding the Native Title legislation and this latest decision does nothing to diminish them. The legislation is flawed and discriminatory and if it is to achieve true recognition for all Aboriginal people in this country, it must be radically overhauled.

"It is completely disheartening to us that every High Court decision handed down since Mabo has only served to diminish our rights at 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."