[Greens-Media] Greens call on Premier Baird to withdraw attack on Aboriginal Land Rights

[David Mallard]

Jan Barham, the Greens NSW spokesperson on Aboriginal Affairs, has
called on Premier Mike Baird to withdraw his Government’s Crown Lands
Bill that would extinguish Aboriginal land claims relating to coastal
areas.

“The Greens are appalled that the State Government has introduced
legislation that removes the rights of Aboriginal people to make
claims over land in the coastal area. The Premier needs to take action
and withdraw this disgraceful Bill,” Ms Barham said.

“The Crown Lands Amendment (Public Ownership of Beaches and Coastal
Lands) Bill was introduced by Minister Kevin Humphries on 21st October
without any consultation with Aboriginal people.

“The Minister has wrongly claimed that public access to beaches and
coastal areas is disadvantaged if this legislation is not enacted. In
his speech to the Parliament, the Minister said that the Land and
Environment Court’s granting of land at Red Rock near Coffs Harbour
presented a risk for the ongoing public ownership of beaches and
important coastal lands. What he failed to mention was that the Red
Rock land grant included an easement provision to ensure public access
to the beach in perpetuity.

“The reality is that in a number of cases, Aboriginal Land Councils
have made land claims relating to coastal areas with the support of
the broader community, to that ensure environmental and cultural
values are protected and future use and enjoyment is preserved.

Ms Barham warned that the Government’s legislation is inconsistent
with key principles of law, as it is discriminatory and affects claims
that were made under the current legislative framework.

“The Bill only affects the interests and right to claim land of
Aboriginal people while protecting the interests of other Crown Land
users, and is therefore discriminatory.

“It includes a retrospective element that would affect many of the
claims that have been lodged but left undetermined by the Government
since the Aboriginal Land Rights Act was introduced in 1983. There is
currently a backlog of over 26,000 claims that need to be settled, and
the Government now proposes to interfere with the rights relating to
claims that were made years – and in some cases decades – ago.

“The definition of what constitutes the beach and coastal land in this
Bill is also vague and inconsistent with existing law, and would
likely have a broad negative impact on Aboriginal people’s right to
claim vacant Crown lands.

“It is shocking that this Government would introduce laws that attack
the rights of Aboriginal people to make land claims. To misrepresent
this as being about protecting public rights to access the beach is
disgraceful.

“This term of Government has seen an unprecedented level of
consultation with Aboriginal people, communities and organisations by
the Minister for Aboriginal Affairs, Victor Dominello. But the
Minister for Lands, Kevin Humphries has taken a grossly disrespectful
approach that jeopardises the Government’s good work and standing on
issues affecting Aboriginal people,” Ms Barham concluded.

For Further Comment, please contact Jan Barham directly on 0447 853 891