1. The NSW Aboriginal Land Council (NSWALC) and Aboriginal Land Rights in NSW
2016
ACKNOWLEDGEMENT OF COUNTRY
INTRO’s
Session is an opportunity to provide an update on:
Brief overview of land rights in NSW
the role of Land Councils in relation to culture and heritage, land management matters, and
the current reform of ACH reform in NSW.

3. My Dreaming - Boobera Lagoon – Gamilaroi Country

4. Preamble to the ALRA
Whereas: 1. Land in the State of New South Wales was traditionally owned and occupied by Aborigines: 2. Land is of spiritual, social, cultural and economic importance to Aborigines: 3. It is fitting to acknowledge the importance which land has for Aborigines and the need of Aborigines for land: 4. It is accepted that as a result of past Government decisions the amount of land set aside for Aborigines has been progressively reduced without compensation.
System of Aboriginal Land Councils established for the ‘benefit of Aboriginal people’.
The ALRA recognises dispossession of Aboriginal people from their traditional lands, and establishes the land rights system as a way for Aboriginal people to claim and hold land, as compensation for dispossession
The Act recognises self-determination (representation of Aboriginal people by Aboriginal people) and the need for Aboriginal communities to have an economic asset based as the means to address Aboriginal disadvantage
The objects of NSWALC under s105 are to:
(a) to improve, protect and foster the best interests of Aboriginal persons within New South Wales, and
(b) to relieve poverty, sickness, suffering, distress, misfortune, destitution and helplessness of Aboriginal persons within New South Wales.

5. Functions Aboriginal Land Councils in NSW
Elected body for local members, and advocate for Aboriginal people in the local community
Land Acquisition – land claims
Land Use and Management and Financial Stewardship – manage the land and the money
Aboriginal Culture and Heritage – protect and promote
Business enterprise and investment of assets
Functions of Land Councils are:
Elected body for local members, and advocate for Aboriginal people in the local community,
Land Acquisition – make land claims,
Land Use and Management and Financial Stewardship – manage land and other assets for the benefit of the Aboriginal community and
Aboriginal Culture and Heritage – protect and promote
Land Claims - Claims can be made on ‘crown land’ that is not needed for ‘an essential public purpose’. Private land cannot be claimed eg ‘freehold title’. Most house and business land titles are freehold. Freehold also extinguishes native title. Public purposes include parks, schools, and where land earmarked for these activities
Funded by independent statutory fund & income from assets and activities (eg grants, cultural heritage site work, sale or development of land)

6. Land Claims Statistics
36,711 lodged (2014)
2,555 granted
6,826 refused
25,720 still undetermined
We have the ability to claim vacant crown land not needed for any other essential public purpose
HOWEVER, the Government unwillingness to process these claims has meant that the rights intended to be delivered to Aboriginal people have been diminished. Undetermined land claims date back to 1984 to current time.
Appeals for refused land claims are pursued by NSWALC on behalf of the LALC; LSU has a high success rate for appeals

7. The Network of Local Aboriginal Land Councils across NSW

8. What are Land Councils?
State-wide body – NSWALC - and 120 local bodies – Local Aboriginal Land Councils (LALCs)
Land Council membership is open to any adult Aboriginal person residing in NSW. 16,000 people, or 21% of adult Aboriginal population, registered as voting members in 2007.
NSWALC and LALCs managed by democratically elected Council – elected by Aboriginal board members
POWERPOINT MAP OF LAND COUNCIL BOUNDARIES

9. The Regions

10. Regions exist for the purpose of electing the regional councillors that make up the NSW Aboriginal Land Council
One full time Aboriginal Councillor is elected every four years for each NSWALC region. This Council of nine is the governing body for NSWALC.
Land Councils exist at the State and Local level only (NSWALC and LALCs)
Note that boundaries are not based on traditional Aboriginal nation boundaries, though some LALC boundaries have some relevance and names to reflect this

11. NSWALC’s Land Functions
Land Claims can be made on ‘crown land’ that is not needed for ‘an essential public purpose’
NSWALC’s land functions include:
Assist LALCs with land claims
Put in land claims on its own behalf
Secure and maintain land
Approve ‘land dealings’ by LALCs including the sale of land
Provide advice to the Minister for Aboriginal Affairs (including on land issues)
The next sections of the presentation focus on NSWALC’s land and culture and heritage roles ONLY (eg not housing, water and sewerage etc)
The ALRA (s106) outlines in detail NSWALC’s roles:
Includes oversight of LALCs
Financial stewardship of the Statutory investment fund (amongst others)
Advice to the Minister for Aboriginal Affairs
Land Claims - Claims can be made on ‘crown land’ that is not needed for ‘an essential public purpose’. Private land cannot be claimed eg ‘freehold title’. Most house and business land titles are freehold. Freehold also extinguishes native title. Public purposes include parks, schools, and where land earmarked for these activities

12. Comparison
Land Rights and Native Title

13. Policy issues: Culture & heritage, Crown lands management, Water,
Human rights and international advocacy,
Economic development,
Local government and state government planning.
NSWALC provides leadership and advocacy on behalf of ALL ABORIGINAL people in NSW on a number of policy matters

14. FPWEC Advice

15. NSW Aboriginal Water Initiative
In 2011, NSW Treasury confirmed the approval of $1.69million per annum for up to four years to ensure ongoing effective engagement in water with Aboriginal communities, also following the FPWEC Recommendations
Funding was received from NSW Treasury through the Commonwealth – Closing the Gap

16. AWI
The AWI currently has 12 positions (11 Aboriginal) but 30 June 2016 the team will reduce with no new funding
The AWI is the only Aboriginal water unit in Australia
The program also aligns with COAG’s National Water Initiative, Murray Darling Basin Plan, Water Management Act 2000 and the NSW State Plan

17. NSW AWI and NSWALC
There is a strong relationship between the two Teams
Working closely on:
Engagement and capacity building
Protocols
Water Licensing opportunities
Water Dependant Cultural Value Collection and Protection
Contacts – Bradley Moggridge Team Leader
em:
Web:

18. We have the ability to claim vacant crown land not needed for any other essential public purpose
HOWEVER, the Government unwillingness to process these claims has meant that the rights intended to be delivered to Aboriginal people have been diminished. Undetermined land claims date back to 1984 to current time.
Appeals for refused land claims are pursued by NSWALC on behalf of the LALC; LSU has a high success rate for appeals

19. Yaluu
For more information on New South Wales Aboriginal Land Council please go to:
Policy & Programs Unit
MATERIALS
For more information about NSWALC and Land Councils see the NSWALC website and NSWALC Fact Sheets:
About NSWALC
Background to Land Rights in NSW
Common Myths about Land Rights
The nine (new) NSWALC regions
(NOTE – these resources available on request from the Resource Centre)