Ursula Stephens (NSW, Australian Labor Party, Shadow Parliamentary Secretary to the Leader of the Opposition (Social and Community Affairs)) Share this | Hansard source

The main purpose of the Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Bill 2007 is to establish an office of the Executive Director of Township Leasing to enter into and administer township leases on Aboriginal land in the Northern Territory. The office is intended to operate in the interim until the Northern Territory government establishes its own entity to hold a 99-year headlease. The office would hold the 99-year headlease and grant subleases in accordance with the headlease conditions and provisions of section 19A of the Aboriginal Land Rights (Northern Territory) Act 1976.

The Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 contained amendments to introduce a 99-year township proposal. The model proposes that traditional owners, through their land council representatives, grant a 99-year headlease over their township. The headlease would be held by a Commonwealth or territory entity that would then be empowered to grant subleases. The entity would pay capped rent to the traditional owners and be obliged to act in accordance with the conditions set out in the headlease.

Labor continues to have concerns about the 99-year leasing model provided for under section 19 of the Aboriginal Land Rights (Northern Territory) Act 1976, which passed through the parliament in September 2006. Although the federal government has signed a memorandum of understanding to enter into a 99-year lease with the Nguiu community in the Tiwi Islands, there will be a legal challenge by the Tiwi Islands Local Government Association. The local territory member, Marion Scrymgour, is strongly concerned about the deal. This is a politically divisive issue in the Northern Territory and it is being compounded by the federal government’s failure to provide any details or to facilitate an informed debate about the proposals.

The Northern Territory government was in the process of negotiating a form of entity that meets the interests and concerns of the traditional owners. The traditional owners are concerned about the level of control that they will exercise over future development on their land once they sign a 99-year lease. This process has stalled as a result of the opposition from within the Northern Territory government. Although this entity is supposed to operate only in the interim, it is possible that it will operate in the long term, in which case it may be inconsistent with the models negotiated by the Northern Territory government.

Funding for this office comes from the Aboriginal Benefits Account—which of course is Indigenous money—yet this model has not been negotiated with Indigenous people. Senator Crossin will no doubt provide details of how it is going to impact in the Northern Territory and on concerns that she has been hearing about in her close work with the communities that are most affected. We can only assume that this is just one more step in the process of disenfranchising many Indigenous communities across the Territory.