My office receives many calls from Australians worried about increasing Aboriginal land claims, especially under the Queensland Aboriginal Land Act 1991. Native Title Claims require Tribunal approval and come in two forms: Non-exclusive Title – allows cultural activities and access but doesn’t permit exclusion or sale and Exclusive Title – allows exclusion and some leasing but not sale. There must be community consultation.
The Queensland Aboriginal Land Act 1991 enables conversion of Crown land or non-exclusive native title land into inalienable freehold land for Aboriginal corporations, bypassing Native Title Act requirements. This method is affecting 15 Queensland townships and is being conducted secretly. There is no requirement for formal community consultation. This practice needs to stop as it unfairly benefits claimants based on race.
Transcript | Question Time
Senator ROBERTS: My question is to the Minister for Indigenous Australians, Senator McCarthy. Is your Labor government supporting the Queensland state Labor government to secretly give away freehold land to Aboriginal corporations, with little or no community consultation beforehand, under the Queensland state Aboriginal Land Act?
Senator MCCARTHY: Thank you, Senator Roberts, for the question. The answer is no. There are no secret deals going on; there’s no secretiveness in any of this. This is obviously a decision of the Queensland government in terms of what is going on in Queensland in regard to land. I’d just like to remind the Senate that native title recognises that First Nations people have traditional rights and interests to land and waters. We’ve had native title legislation in Australia for 30 years, and it continues to work to create jobs and improve lives.
Of course, there’s always room to improve, Senator Roberts. In June, we announced that the Australian Law Reform Commission is undertaking an inquiry into the future acts regime in the Native Title Act 1993. The review will investigate any inequality or unfairness or weaknesses in the regime, which governs how development projects can occur on land subject to native title.
The PRESIDENT: Senator Roberts, a first supplementary?
Senator ROBERTS: Do you support the secret attack on 15 Queensland towns currently under attack in this way, including Augathella, Boonooroo, Croydon, Duchess, Eurong, Happy Valley, Laura, Maryborough, Mount Isa, Rainbow Beach, River Heads, Roma, Thargomindah, Theodore and Toobeah?
Senator MCCARTHY: Senator Roberts, I responded in my first answer in regard to the beginning of your question, but I will remind you and One Nation of this, because I have looked at the press releases that you’ve put out. In fact, regarding Senator Hanson’s press release ‘Toobeah community still ignored while arrogant Indigenous corporation plans takeover’, I note that One Nation put in there: One Nation is the only party contesting the state election with a policy that Queensland belongs to all Queenslanders. Let me remind you, One Nation: the Yuggera people are Queenslanders; the Kalkadoon people are Queenslanders; the Yidinji people are Queenslanders; the Gunggari people are Queenslanders. So, while you might want to electioneer for the Queensland election, can I just point out that there is no secrecy here and you degrade this Senate by running down Aboriginal people.
The PRESIDENT: Senator Roberts, second supplementary?
Senator ROBERTS: Are you concerned that the city of Mt Isa, capital of north-west Queensland, with all its mineral wealth, is subject to Aboriginal corporation claims based on race and greed and
made with no real consultation, when these resources should be available for all Australians?
Senator MCCARTHY: Come on, Senator Roberts. You can do much better than that. Let’s list the debate here. Let’s not isolate any community based on what you’ve just said. I think it’s disgraceful to actually allege that First Nations people are not a part of this country and don’t deserve to be involved in the economic benefits to this country—
The PRESIDENT: Minister, please resume your seat. Senator Roberts.
Senator Roberts: President, it’s a matter of imputation. We do not allege that the Aboriginal people are not part of this country. I ask—
The PRESIDENT: Senator Roberts, that’s a debating point. Minister McCarthy, please continue.
Senator MCCARTHY: I would say that, in terms of the people of Mt Isa, I would encourage the First Nations people there—the Kalkadoon people—and all people who live in Mt Isa to work together for the benefit of that community.
Transcript | Take Note
I move:
That the Senate take note of the answer given by the Minister for Indigenous Australians (Senator McCarthy) to a question without notice I asked today relating to native title.
My office has received many calls from Australians concerned about Aboriginal land claims becoming more numerous and related to widespread fear in the community. Some concerns relate to the more frequently occurring native title claims. Recently, I’ve become more aware of claims based on the Queensland state Aboriginal Land Act 1991.
For native title claims to take effect, a tribunal needs to determine and formally finalise them. A determined native title may be in two forms. Non-exclusive title is the most common form. It means that the native title holder is entitled to enter and share access to the land and is entitled to carry out cultural activities including camping, fishing, hunting and ceremonial activities. The native title holder is not able to exclude others from entering the land or to lease, sell or impose fees. Exclusive title is less common and means that the native title holder can enter the land and exclude others and can use the land for cultural purposes. They’re not able to sell the land and may lease it out for commercial or other purposes. More than 50 per cent of the Australian mainland is now under native title.
A lesser-known form of Aboriginal land claim can be made pursuant to the Queensland state Aboriginal Land Act 1991. Under this act, the state government may give away Crown land or convert non-exclusive native title land into inalienable freehold land to an Aboriginal corporation. This would allow the title holder to do anything with the land except sell it. They could exclude others from accessing Aboriginal land. This process bypasses all requirements of the Native Title Act. Requirements to consult are more limited than those under the Native Title Act. That requires more open disclosure. There are currently 15 Queensland townships under attack using this method, which is often stealthy and secretive. This practice must stop as it’s creating advantages based purely on race. Whose town is next?
Question agreed to.