Mr ELFERINK - 1998-10-14
The minister would be aware that the Aboriginal Land Commission recently found that land claims over Territory parks and other land corporation management are invalid. What message should this ruling send to the large land councils and what action should the NLC and CLC take in response to this latest legal setback?
ANSWER
Madam Speaker, honourable members will be aware of the large number of land claims lodged by both the Northern and Central Land Councils prior to the sunset provisions of the Northern Territory Land Rights Act coming into force from July of last year.
Members will be aware of the High Court decision of 1984, which proved that land held by either the Conservation Lands Corporation or the Territory Land Corporation was held as estate in fee simple or as leasehold in their own right, and were not claimable under the Land Rights Act.
Justice Olney, the Land Commissioner, in his decision of 28 September this year, ruled invalid claims over both the Devils Marbles and Billengarrah. I would say that it would be in the best interests of those land councils and members opposite to recognise the decision of Justice Olney and recognise the reinforcement he gave in those decisions to the previous decision of the High Court. For the purpose of the record, I will read what Justice Olney said, in part:
The Commissioner determines:
The Northern Territory Land Corporation:
a) is not an emanation of the Crown in the right of the Northern Territory,
b) has a valid and absolute and indefeasible title to an estate and interest in leasehold in the claimed land.
That was in relation to Billengarrah. In relation to the Devils Marbles:
The Conversation Land Commission is not an authority or emanation of the Crown in the right of the Northern Territory.
Northern Territory portion 539 is validly vested in the Conservation Land Commission
b) it is not, nor was it on 4 June 1997 either unalienated Crown land or alienated Crown land, in which all estates and interests not held by the Crown are held by or on behalf of Aboriginals.
Madam Speaker, Justice Olney makes it clear that those claims over Northern Territory parks, and those claims over land held by the Land Corporation, are invalid. Look at the economic impact of a couple of those claims. One is over Spirit Hill, which forms an integral part of the proposed expansion of the Ord River scheme. In fact, 35 000 ha of the proposed 75 000 ha expansion of the Ord River scheme is in the Northern Territory, much of it lying within Spirit Hill’s pastoral lease.
Secondly, in relation to the then subdivision south of Katherine, which is an integral part of this government’s plan to expand the horticultural industry in the Northern Territory. Once again I would urge the land councils to withdraw these vexatious claims and stop wasting the money they are given on behalf of Aboriginal Territorians for their betterment and further prosperity.
In relation to Newcastle Waters, the Land Commissioner goes even further when he says: ‘The NLC’s submission did not deny any of these basic facts, but sought unsuccessfully to rely upon contrived …
Mr STIRLING: A point of order!
Madam SPEAKER: What is your point of order? Minister, we have a point of order.
Mr STIRLING: Madam Speaker, the minister can come in any day, during this period of sittings, and bring down a ministerial statement. I appreciate his response and his answer, but once he goes beyond about 5 minutes, he is drastically eating up limited Question Time. He can bring a ministerial down any time he likes.
Mr PALMER: There is no point of order, Madam Speaker.
Madam SPEAKER: I will decide that, minister.
Mr PALMER: I have been asked a valid question by an interested member of government, and I will give an answer to that question.
Madam SPEAKER: Minister, I think we have said a number of times that we should keep our answers fairly short and not take too long. I urge you to continue your answer and wrap it up fairly quickly.
Mr PALMER: Thank you, Madam Speaker, for your indulgence.
As I was saying, it ill behoves the Northern Land Council and the Central Land Council to maintain these vexatious claims, and in the interests of all Territorians they should be immediately withdrawn.
ANSWER
Madam Speaker, honourable members will be aware of the large number of land claims lodged by both the Northern and Central Land Councils prior to the sunset provisions of the Northern Territory Land Rights Act coming into force from July of last year.
Members will be aware of the High Court decision of 1984, which proved that land held by either the Conservation Lands Corporation or the Territory Land Corporation was held as estate in fee simple or as leasehold in their own right, and were not claimable under the Land Rights Act.
Justice Olney, the Land Commissioner, in his decision of 28 September this year, ruled invalid claims over both the Devils Marbles and Billengarrah. I would say that it would be in the best interests of those land councils and members opposite to recognise the decision of Justice Olney and recognise the reinforcement he gave in those decisions to the previous decision of the High Court. For the purpose of the record, I will read what Justice Olney said, in part:
The Commissioner determines:
The Northern Territory Land Corporation:
a) is not an emanation of the Crown in the right of the Northern Territory,
b) has a valid and absolute and indefeasible title to an estate and interest in leasehold in the claimed land.
That was in relation to Billengarrah. In relation to the Devils Marbles:
The Conversation Land Commission is not an authority or emanation of the Crown in the right of the Northern Territory.
Northern Territory portion 539 is validly vested in the Conservation Land Commission
b) it is not, nor was it on 4 June 1997 either unalienated Crown land or alienated Crown land, in which all estates and interests not held by the Crown are held by or on behalf of Aboriginals.
Madam Speaker, Justice Olney makes it clear that those claims over Northern Territory parks, and those claims over land held by the Land Corporation, are invalid. Look at the economic impact of a couple of those claims. One is over Spirit Hill, which forms an integral part of the proposed expansion of the Ord River scheme. In fact, 35 000 ha of the proposed 75 000 ha expansion of the Ord River scheme is in the Northern Territory, much of it lying within Spirit Hill’s pastoral lease.
Secondly, in relation to the then subdivision south of Katherine, which is an integral part of this government’s plan to expand the horticultural industry in the Northern Territory. Once again I would urge the land councils to withdraw these vexatious claims and stop wasting the money they are given on behalf of Aboriginal Territorians for their betterment and further prosperity.
In relation to Newcastle Waters, the Land Commissioner goes even further when he says: ‘The NLC’s submission did not deny any of these basic facts, but sought unsuccessfully to rely upon contrived …
Mr STIRLING: A point of order!
Madam SPEAKER: What is your point of order? Minister, we have a point of order.
Mr STIRLING: Madam Speaker, the minister can come in any day, during this period of sittings, and bring down a ministerial statement. I appreciate his response and his answer, but once he goes beyond about 5 minutes, he is drastically eating up limited Question Time. He can bring a ministerial down any time he likes.
Mr PALMER: There is no point of order, Madam Speaker.
Madam SPEAKER: I will decide that, minister.
Mr PALMER: I have been asked a valid question by an interested member of government, and I will give an answer to that question.
Madam SPEAKER: Minister, I think we have said a number of times that we should keep our answers fairly short and not take too long. I urge you to continue your answer and wrap it up fairly quickly.
Mr PALMER: Thank you, Madam Speaker, for your indulgence.
As I was saying, it ill behoves the Northern Land Council and the Central Land Council to maintain these vexatious claims, and in the interests of all Territorians they should be immediately withdrawn.
Last updated: 09 Aug 2016