Dear Alderman Campbell,
Mabo decision.
Thank you for your reply of 1 September.
Having considered what you have said, I must say that, with
respect, it is a less than adequate reply. You appear to have
taken a very narrow interpretation of the implications of the
Mabo decision for the Council.
Those of us in the community who look to your office for
leadership in these complex matters expect a more
comprehensive treatment of the moral and ethical issues than
we would expect from one of the Council's officers. We expect
you, as Lord Mayor, to embody the region - and to acknowledge
the place of Koories in the scheme of things.
Your reply deals with only one aspect of the Mabo decision,
that of the Council's powers which originate from the
Environmental Planning and Assessment Act. Is this the only
charter of Council's responsibilities to the community?
The Mabo decision signifies the end of the pretence of terra
nullius. It is useless for institutions, such as Council, to
attempt to continue with the genocidal policies and practices
of the past. Hiding in the fine print of an Act which predates
the Mabo decision will not provide any lasting cover.
Native title, as recognised by the High Court, originates from
prior occupation. It is not created by statute. The
responsible approach for any consent granting body is to
assume that it continues to exist until it can be conclusively
demonstrated that it has been extinguished. The Mabo decision
brings in surviving Koories as partners. The onus, I argue, is
on consent granting authorities to confer with local
Aboriginal Land Councils to determine the extent of native
title in the area, and to include that title into any relevant
plans.
I also draw your attention also to the fact that, in regard to
the Sandon Point Local Environment Study area, Wollongong City
Council is also a land owner. What is the situation in respect
to native title and that land? Was native title extinguished?
If so, should it be restored as a gesture of recognition and
reconciliation between the two peoples?
Yours truly,
Bruce Reyburn
cc Illawarra Aboriginal Land Council