10 August 1992
Hon R. Tichner
Minister for Aboriginal Affairs
Parliament House
Canberra ACT 2600
Dear Mr Tichner,
KANTURRPA - KANTTAJI ABORIGINAL LAND CLAIM.
I enclose a copy of the submission on ownership which I sought
to make in connection with the above traditional Aboriginal land
claim. The thrust of this submission is to ask whether or not the
rights of First People, as a result of the Mabo decision, are
further diminished as a result of the workings of the 1976
Aboriginal Land Rights Act. I believe that they are seriously
diminished.
The land claim hearing before the Aboriginal Land Commissioner,
Justice Gray, was adjourned at the request of the Northern
Territory Crown and the Central Land Council. These parties seek
to have the land claimed converted to Aboriginal title by the
process of amending Schedule One of the 1976 Aboriginal Land
Rights (N.T.) Act.
As matters stand, such a method of determining Aboriginal
ownership of the claimed land would leave unanswered questions
concerning the rights of First People. It may also result in an
abuse of the rights of First People by the Crown.
Additionally, the N.T.G.-C.L.C. agreement appears to give away
the water rights of First People for practically nothing of value
in return. It cannot be known for certain that the people
consulted by the Central Land Council reaching this agreement are
the appropriate people, in terms of native title, to be making
such concessions.
An unsound agreement, subject to legal challenge, may also
introduce further uncertainty regarding the future supply of
water to the residents of Tennant Creek.
The general issue of the extinguishment, if any, of the rights
of First People by the Aboriginal Land Rights Act may be resolved
in the short term by enacting explicit legislation to reserve
those rights. But even if this course was followed, it would not
resolve the specific issues in regard to the Kanturrpa-Kanttaji
case.
One way of resolving the specific issues would to be have the
Aboriginal Land Commissioner carry out an investigation to
determine whether or not there is a form of native title to the
area under claim and to identify the relevant First People for
that country under Aboriginal law.
I request that you do not amend Schedule One of the Aboriginal
Land Rights Act to accommodate the N.T.G. - C.L.C. Kanturrpa-
Kanttaji agreement until the rights of First People, which result
from the decision to recognise a form of native title, are fully
investigated and protected.
I also request that the Australian government does not approve
the N.T.G.- C.L.C. agreement until such time as it can be
conclusively demonstrated that the terms of the agreement are the
result of genuine negotiations conducted, without duress, with
the First People who hold the rights for that country and its
resources according to native title and/or Aboriginal law.
Could you advise me of what action, if any, you will take in this
matter?
Yours truly,
Bruce Reyburn.
cc Aboriginal Land Commissioner
Northern Territory Government
Central Land Council