Parliament House Canberra ACT
2600 telephone (06) 277 7620
Facsimile (06) 273 4142
14 October 1992...
Dear Mr Reyburn
The Minister for Aboriginal and Torres Strait Islander Affairs,
the Hon Robert Tickner MP, has asked me to respond to your letters
of 10 and 11 August concerning possible land grants in the
Warumungu Land Claim and the Kanturrpa-Kanttaji Repeat Claim
areas.
The Minister has noted the points you have raised concerning the
possible extinguishment of native title to these areas if they are
granted under the Aboriginal Land Rights (Northern Territory) Act
1976 (the Land Rights Act) and the effect this could have on the
rights of Aboriginals not recognised as traditional owners under
the Act.
The Mabo judgement has created a strong case for addressing
Aboriginal land aspirations. However, the implications of the
judgement are still being considered by the Commonwealth and State
Governments and it may be some time before any concrete benefits
arise for Aboriginal people.
In the meantime, land granted under the Land Rights Act provides
benefits in the form of secure occupancy to land where some
Aboriginal people want to reside, an enhanced capacity to protect
sacred sites and the ability to follow a more traditional
lifestyle. Other benefits relate to control over access to this
land and control over economic activities conducted or negotiated
with developers.
Accordingly, the Minister considers it would be unjust to deny the
relevant traditional owners, and the many Aboriginal people with
traditional attachments to these areas of land, the substantial
benefits that would arise from any grant of land in the claims
referred to by you.
I would also like to point out that land granted under the Land
Rights Act benefits those Aboriginal people who have some
traditional entitlements to the land irrespective of whether they
come within the category of traditional Aboriginal owners as set
out in the Land Rights Act. section 4(1) of the Land Rights Act
states that title is held for 'Aboriginals entitled by Aboriginal
tradition to the use or occupation of the land concerned, whether
or not the traditional entitlement is qualified as to place, time,
circumstance, purpose or permission'.
The Minister has not yet received any documentation for his
approval relating to the Kanturrpa-Kanttaji settlement agreement.
he will consider this matter when he has received the
documentation. However, I can assure you that he will take steps
to ensure that all relevant parties have met their obligations
under the Land Rights Act.
Yours sincerely,
Murray Chapman Senior Advisor