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Tuesday 25 June 2002, Media Release

ABORIGINAL GROUPS IGNORED ON WESTERN LANDS BILL

Aboriginal groups today criticised the NSW Government and Opposition for dismissing Aboriginal concerns that the Western Lands Amendment Bill failed to clarify issues related to Aboriginal access to leased lands.

The NSW Parliament passed the Bill on Wednesday evening despite a joint approach from the NSW Aboriginal Land Council and NSW Native Title Services which argued that the practical effect of the legislation could be to deny Aboriginal people access to land over which they have rights of access for traditional purposes.

"Although Aboriginal people still have the legal entitlement to access those leases, the practical effect of the amendment means many leaseholders will lock their gates to Aboriginal people - possibly in an honest belief that the legislation entitles them to do so," legal counsel for Native Title Services, Andrew Chalk of Chalk & Fitzgerald said.

"We suggested an amendment which made the removal of the covenant in respect of roads, conditional upon an agreement between the leaseholder and the Local Aboriginal Land Council and any potential native title holders, to ensure access for traditional purposes.

"As we understand it, there is no broad objection to Aboriginal people continuing to access leases for traditional purposes. However, the amendment would allow this to occur in a manner agreed between the leaseholders and the Aboriginal people of the area."

Mr Chalk also raised issues of discrimination, noting that adjoining landowners were given consideration in relation to access to property, while Aboriginal interests were not.

NSWALC and Native Title Services met with representatives from the Government and wrote to Minister for Land and Water Conservation, John Aquilina, to express concerns on this issue on the day before the Bill was passed. Despite the fact that Greens Senator, the Honorable Ian Cohen, put forward an amendment to the Bill, which was supported by Honorable Members Breen, Jones, Nile, Chesterfield-Evans and Rhiannon, both the Government and Opposition rejected the amendment.

"After having our preferred position to defer debate on the Bill rejected, we asked for a single amendment to the Bill which would remove any ambiguities about Aboriginal access rights. Although this amendment would not have affected the position of farmers, it was completely ignored by Government and the Opposition," Chairman of the NSWALC Rod Towney said.

"In August 2000, we submitted a report commenting this very issue in response to a review of the Western Lands Act conducted by John Kerin. At the time the Premier told me he would be interested to hear any comments we had to make on this issue. He obviously changed his mind.

"Here we have another example of tokenistic consultation of Aboriginal people. They send us the review, we make recommendations, yet we aren't informed when the Bill is being drafted or tabled and then when we ask for amendments, our opinions are ignored."

Western Lands Act covers the Western Division of NSW, as defined by the Crown Lands Act 1901.

LOCKED OUT IN NSW?

If you are an Aboriginal person and encounter locked gates to leased lands which you have previously enjoyed access to, or wish to have access to for the purposes of hunting, fishing or gathering, please contact your Local Aboriginal Land Council. Under Section 47 of the Aboriginal Land Rights Act, Local 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 Local Land Council is unsuccessful in negotiations, it may apply to the Court for a permit to access the lands.