I support referring the native title system to the Legal and Constitutional Affairs References Committee because it’s hurting mainland Aboriginals. The current system is racist and is locking up land, preventing Aboriginals, especially in remote areas, from benefiting.  Since the Native Title Act of 1993, 54% of Australia’s land has come under determinations of the Native Title Tribunal, yet Native Title offers no practical benefits to Aboriginal people. Instead, it empowers a few wealthy community barons – both Aboriginal and non Aboriginal (the Aboriginal Industry) and fails to meet the needs of individuals like Bruce Gibson, an Aboriginal leader who cannot own land in his community or use it to advance his business.  Aboriginal people cannot use the land to build homes or support businesses, unlike non-Aboriginal Australians. 

The Mabo decision, which was originally about land rights on Murray Island in the Torres Strait, recognised a system of land title that was passed down through generations, effectively preventing those without title from claiming the land. This system existed in the Torres Strait but did not exist on the mainland. The Mabo decision should not have been extended beyond this context, however it wasn’t the High Court that extended it; it was the Labor Party under Paul Keating that did so, creating something that was not grounded in reality.

We need to review the Native Title Act, introduce sunset clauses, and stop closing landmarks based on obsolete practices. It’s time to rethink the native title regime for the benefit of all Aboriginal and Torres Strait Islander people, AND all Australians.  This system is failing them, just like the Closing the Gap program.  

Transcript

Senator ROBERTS (Queensland) (18:36): I support the referral of the native title system to the Legal and Constitutional Affairs References Committee because the native title system is currently hurting mainland
Aboriginals. In practice, native title is racist against Aboriginal people. I also support the reference because I support Australia and all Australians—one united nation, one nation.

Since the introduction of the Native Title Act into Australian law in 1993, more than 50 per cent of the Australian land mass has come under determinations of the Native Title Tribunal—54 per cent, to be precise. The legislation, though, is not a true reflection of what was in fact determined in the High Court, which considered the unique circumstances of Mr Eddie Mabo’s family and the situation on Murray Island in the Torres Strait. The Native Title Act, when drafted, relied significantly on United Nations declarations, which were mentioned six times in a 2½ page preamble. That’s what it’s all about—United Nations declarations and other agreements related to the rights of Indigenous peoples. Locking up land from private ownership is on the UN agenda.

What is not so well understood is the total failure of the Native Title Act to provide practical benefits to the lives of Aboriginal people living in remote areas of Australia. That’s why it is racist. It is hurting and holding back Aboriginals, especially those in remote areas of Australia. Less well known is that some native title claims grant exclusive rights which may allow the native title holder to exclude non-Aboriginals from accessing the land—fact.

This may prevent other Australians accessing beaches and landmarks of significance unless they pay for the privilege. More symbolic than practical, the act has effectively locked up large tracts of land from the use or benefit of individual Aboriginal people. It’s locked them out. The only ones who have benefited under the act are those wealthy community barons, Aboriginal and non-Aboriginal, who are part of the white and black Aboriginal industry and rip off needy Aboriginals. Instead, they divert much of the billions of dollars in Aboriginal funding to themselves, sucking it up and keeping it from the people in the communities. Those who benefit are the white and black Aboriginal academics, activists, Aboriginal community leaders, shonky lawyers and dodgy Aboriginal corporations, who do nothing to help individual Aboriginals.

I’ve travelled widely through Aboriginal communities across Queensland, including every Cape York community—sometimes three times through a community. I’ve been to all of the communities at least twice. When we were in Cape York, we met with local community leader Mr Bruce Gibson, for example. He’s one of many. He shared his views on native title and its impact on his community. And, by the way, we hear these
comments from Aboriginal elders in other parts of Queensland as well, in communities like Gympie and Maryborough—mainstream communities. Anyway, getting back to Mr Bruce Gibson, he said that native title was
important for the recognition of the Indigenous perspective of their relationship with the land and for recognising that Aboriginal people were the first inhabitants of Australia and that they had inherent rights to the land.

That’s fine. His view was that the Native Title Act was not providing Aboriginal people—and, remember, Mr Gibson is an Aboriginal from an Aboriginal community and a fine man—with something tangible, because they could not use native title to advance any individual interests. It’s racist, because white people in this country can go and buy land. They can use that as collateral for a business loan or for building their own family house. Aboriginal people in communities cannot. The land is locked up and given to the barons of the community. Land under native title cannot be mortgaged to help build a home or be used as collateral to support a business loan. The land is essentially locked up and not used to support small projects or family homes. It’s racist. It hurts Aboriginals.

This would seem contrary to the effective intention of the legislators. If the act is supposed to benefit hardworking Australian Aboriginals, it’s failing, just as the Closing the Gap program has failed. Because the land is not freehold, nobody is able to work towards owning their own home, and the property is now locked away out of reach. The Commonwealth government can reclaim land and convert it to freehold, and some compensation is then paid to the traditional owners. Yet this does not benefit any individuals. With individual landownership prevented, there is little incentive to work towards beneficial community or personal goals.

Bruce Gibson said that he wished to own his own place in his community. He cannot. Why? Because he’s Aboriginal on an Aboriginal community. That’s why. Native title doesn’t look after him. He wishes to build up and expand his small business as a shop owner, yet he cannot buy the premises. He must hope that he can lease the shop from the local traditional owners, if he says the right things. These comments were echoed across the Cape, from constituents to council mayors and council members. It was universal—every community. There was not one person to whom we spoke who had a good thing to say about native title other than it providing some recognition to them as First Australians. That’s why native title is racist. It hurts Aboriginals.

Coming back to the Mabo decision, the Mabo decision was based correctly on Mr Mabo’s island in the Torres Strait Islands—Murray Island, I think it is. But that was because there was a system of handing down title of land to succeeding generations. It was a means of keeping people who didn’t hold title to the land out of their land. That system was in the Torres Strait. It was not on the mainland. There was no system of land tenure on the mainland. That Mabo decision should not have been extended. It wasn’t extended by the High Court. It was extended by the Labor Party under Paul Keating. They made that up, and it’s a falsity.

I want to go to some key points that I’ve made in notes. With native title, there are no individual needs being met—no universal human needs. It’s just a feel-good policy to make a few people in the inner-city areas think we’ve handed land back to the Aboriginals, when we never took it, and it hasn’t been handed back. It’s been taken off whoever had it. It provides enormous uncertainty regarding development, which is holding back Aboriginal communities. There’s confusion between native title and the Aboriginal Land Act 1991 in Queensland. They’re two separate issues. They’re both taking up land in Queensland.

There are many uncertainties in claims of native title, like two families claiming the same land. In some cases, one family from interstate is granted the land when the local Aboriginal people are denied the land. It’s rife with these kinds of false claims. Look at Toobeah. Look at Deebing Creek near Ipswich. That hurts the Aboriginals. It also deflects and hides from Aboriginals’ core problems, and they have got problems in remote communities, not in all remote communities—they’re different; they vary—but there are problems. But they’re not being fixed by the white and black Aboriginal industry. The problems are being exacerbated exactly as Senator Hanson mentioned.

Let me tell you a story about my first time as a senator. I was walking up to the One Nation office in Brisbane, and three Aboriginal people approached me. I talked to them, and they said they were from the Northern Territory. I said, ‘What are you doing here then?’ They said: ‘We’ve come to see Senator Hanson because she’s the only one who understands our problems and the only one with the guts to tell the truth. She’s the only one.’ These are Aboriginal people from the Northern Territory who came down from the Territory to Brisbane to see Senator Hanson because she’s the only one who gets it and she’s the only one who understands.

There’s a flow-on from the guilt and grievance industry, the white and black Aboriginal industry that I mentioned, that’s hurting and suppressing Aboriginals, entrenching dependence and entrenching victimhood. The Aboriginal people are wonderful people, essentially salt of the Earth. Why are we keeping them down? Why are we suppressing them under a blanket of bureaucracy?

We need sunset clauses on native title applications, just like the Queensland Aboriginal Land Act of 1991. It had a sunset clause that came into force in 2006. We need a moratorium on native title allocations. We need to review the Native Title Act, and that’s why I support this reference. We need to reverse the closing of landmarks. Prominent Aboriginals in this country have admitted that the closing of landmarks is based on obsolete practices. The closing of Mount Warning was strongly opposed by an Aboriginal elder, a woman, but her voice was not heard. It was suppressed. Mr Marc Hendrix is doing a marvellous job of publicising the truth about Mount Warning’s closure. It was a bunch of gutless bureaucrats and politicians from the New South Wales state government that succeeded to rubbish. It succeeded to the stuff that comes out of the south end of a northbound bull, and it was spread by a small, tiny group and opposed by Aboriginals, including elders. Wise females were just ignored, just buried. The One Nation MPs, I’m sure, will review the Aboriginal Land Act of 1991 in Queensland, and also we need a review of the Native Title Act.

I’m going to make some comments about Senator Ayres. Labels are the refuge of the ignorant, the incompetent, the dishonest and the fearful. Senator Ayres put together not one single coherent point, just a lot of labels and lies. That was all we got from Senator Ayres. He retreated. He put forward no arguments. It was all just hollow words. Pauline Hanson is known for her love of Australia and her love of Australians, regardless of skin colour. Let me tell you a story from when we first came to Canberra in the Senate in 2016. We went to the Griffith Vietnamese Restaurant, where a lot of politicians have gone over the years and written on the walls. We couldn’t get out of the place because the Vietnamese people, the other Asian people, wanted autographs with Senator Hanson. Why? Because she protects the country. She protects the country and makes sure we keep our values in this country. That’s why Asian people, Indian people, Chinese people and Middle Eastern people come to this country—because they like the values of this country. We have got to protect that.
These concerns about native title are echoed right across Queensland and in other parts, including across the Territory as well. We know from prominent Aboriginals that they agree with Senator Hanson and with me. It’s way over time for this native title regime to be reconsidered, and I recommend its referral to this committee for the benefit of all Aboriginal and Torres Strait Islander people and for the benefit of all Australians. Thank you.