Rod Kemp (Victoria, Liberal Party, Minister for the Arts and Sport) Share this | Hansard source

In question time yesterday I was asked a question by Senator Bartlett regarding 99-year leases on Indigenous land. I have raised this issue with Minister Brough and I now seek leave to incorporate a full response to Senator Bartlett’s question.

Leave granted.

The document read as follows—

Senator Bartlett asked Senator Kemp (representing the Minister for Families, Community Services and Indigenous Affairs) as the Minister would know, the Government recently changed the NT Land Rights Act to allow 99 year leases on Aboriginal land, and gave the reason that this change was to enable increased economic development for Indigenous communities in the Territory. Could the Minister explain why the Indigenous Affairs Minister has blocked the proposal by the Thamarrurr council at Wadeye to grant and manage 20 years leases on their own land. Is it the case that the Minister will only Aboriginal people to lease their land to Government controlled entities.

Supplementary Question—Senator Bartlett—I thank the Minister for his answer such as it was. Given the Governments policy is quite clear as the Minister has confirmed to allow leases and saying that enabling leases will encourage economic development—what is the criteria that the Government has used to block the Thamarrurr council’s proposal to lease their land? Can in his response the Minister indicate why some leases to Government controlled entities are ok on the Minister’s terms but other leases on the terms put forward by Aboriginal people are not ok and will not lead to economic development?

The 99 year lease scheme contained in the Northern Territory Land Rights Act was based on a proposal by the Northern Territory Government.

It aims to facilitate a normal commercial environment that allows for home ownership and business development.

The traditional owners of the Tiwi Islands and Groote Eylandt have decided to negotiate the terms of a 99 year lease.

The Government welcomes the interest of the Diminin people in the leasing of the township of Wadeye and has met with the traditional owners and the Northern Land Council to discuss the possibility of a lease.

However, real gains will depend upon using the right model for a lease and the current proposal put by the Thamarrurr Regional Council does not meet normal standards for commercial security.

The proposed 20 years term is outside section 19A of the NT Land Rights Act which sets the term at 99 years so as to enable a long term basis for getting development into Wadeye and other communities

Further the proposed lease does not provide for a fair return to traditional owners for use of their land as a township – which is guaranteed by legislation in the case of a section 19A lease

We are also convinced that an independent entity would be the most transparent, appropriate and economically viable option to hold a head lease and for this reason stand by the model – set out in section 19A—of an NT or Commonwealth entity.

By comparison the original proposal did not have the lessor and lessee at arms length from one another (ie. they were effectively the same).

We are ready and available to sit down with communities and talk about how a section 19A lease can help them

But it would be wrong for the Government to agree to a lease without ensuring that the proposed arrangement will deliver into the future

In the meantime discussions are continuing with the traditional owners and their representative the Northern Land Council, and interest is already being expressed by them in negotiating a 99 year lease.

Participation in the scheme will be entirely voluntary. It is up to traditional owners to participate.

It needs to be noted that the Thamarrurr Regional Council that put forward the proposal does not represent the traditional owners of Wadeye in these matters – that is the function of the Northern Land Council.