module three land information MANAGING INDIGENOUS PASTORAL LANDS Pub no. 14/019 McClelland Rural Services Pty Ltd MODULE 3 land information Contents Introduction 3 List of Tables Indigenous Land Rights and Pastoral Figure 3.1 Map of Northern Territory Land Holdings 5 Aboriginal Land 7 Land Rights 5 Figure 3.2 Map of Queensland Indigenous Pastoral Land Holdings 5 Aboriginal Land 8 Land Tenure 10 Figure 3.3 Map of Western Australian Indigenous Lands - Aboriginal Land (Kimberley & Pilbara) 9 Definitions and Complexities 10 Indigenous Land Holding Arrangements List of Photos in the Northern Territory 11 Cover Photo – Ghost gums Legal Framework 11 Permitted Land Uses 11 Indigenous Land Holding Arrangements in Queensland 12 Legal Framework 12 Forms of Land Acquisition 12 Renewals of Pastoral Leases 13 Indigenous Land Holding Arrangements in Western Australia 14 Legal Framework 14 Forms of Land Acquisition 14 Pastoral Lease Reform 15 Renewals of Pastoral Leases 15 Role of Land Councils 18 Overview 18 Northern Territory 18 Queensland 18 Western Australia 19 Land Use Agreements 20 Mining Tenures and Income from Mining on Indigenous Land 22 Mining Tenures 22 Mining Income 24 2 MODULE 3 land information Introduction Module 3 describes the rights and obligations of Indigenous land holders in the northern Australia pastoral industry. Indigenous land tenure is administered differently in the Northern Territory (NT), Queensland (Qld) and Western Australia (WA) which has resulted in a high degree of complexity. In addition, this whole area is undergoing a great deal of change. • In November 2012, the Northern Australia Ministerial Forum (NAMF) initiated a review of land tenure management across northern Australia. A high level summary of key issues and opportunities will be discussed at the next NAMF meeting in Cairns in 2013. • The Qld Government also established a land tenure review in August 2012, with a report due by 31 May 2013. • WA has embarked on a range of legislative changes to the Land Administration Act 1997 (WA) through the Rangelands Reform Program. • All WA pastoral leases expire on 30 June 2015, with renewal conditional upon lessees meeting a range of obligations in relation to the quality and condition of the land. Indigenous pastoral businesses need to ensure they contribute to the various reviews with a view to achieving long lasting, useful outcomes for the industry, as well as remaining informed of their rights and obligations. The module provides an overview of land-related information in the areas of land rights and land tenure, Land Councils, land use agreements and mining activity on Indigenous land. Indigenous Land Rights and Pastoral Land Holdings Land rights struggles and legislation have resulted in substantial Indigenous pastoral land holdings in northern Australia, with a concentration in the NT and the Kimberley region of WA. Land Tenure Native Title and Land Rights both recognise the traditional rights of Aboriginal and Torres Strait Islander peoples to land. Indigenous pastoral land through land trusts is held under various types of tenure in each State. These are currently under review. Land Councils The role of Land Councils is described in relation to ensuring that Aboriginal culture, traditions and law are respected and followed on Aboriginal land, and that the relevant Aboriginal people make informed decisions. Land Use Agreements Under land use agreements ratified by Land Councils, Aboriginal land can be utilised by third parties, including for grazing, which can assist Indigenous pastoralists to develop their land and earn income. 3 back to top MODULE 3 land information Mining Tenures and Income from Mining on Indigenous Land The module describes how mining tenements are granted over pastoral land with the owners of the land having little control of these tenements or exploration licences. It also shows how mining companies can meet their corporate responsibility objectives by providing income and employment opportunities, to assist in the development of Indigenous pastoral properties. It highlights the importance for communities to decide on how these funds should be directed, in the best interests of pastoral development. 4 back to top MODULE 3 land information Indigenous Land Rights and Pastoral Land Holdings Land Rights Since the early 1960s there has been a concerted effort by Indigenous people and successive governments to address the issue of Aboriginal land rights in Australia. The change began in the NT in 1963. In that year, the Yolngu people at Yirrkala in the north east Arnhem Land sent a representa- tive to Canberra to protest their land rights in a decision by the Commonwealth Government of the day to excise part of their land for mining. The protest was unsuccessful; however, the protest is still current today. This was followed by a strike of the Gurindji people of Wave Hill cattle station in 1966. The strike’s purpose was to demand wages and a return of some of their traditional lands. The demand was rejected but the Gurindji continued to camp on their traditional country at Daguragu. There were demonstrations and arrests in southern Australia in support of the Gurindji walk-off, and many groups, including trade unions, churches and students, gave practical and fundraising support to the Gurindji. After nearly 10 years of protest, the Gurindji won title to part of their land in 1975. In the meantime, a Federal referendum had been held on 27 May 1967 to determine whether two references in the Australian Constitution, which discriminated against Aboriginal people, should be removed. The amendments were overwhelmingly endorsed by all the states, winning 91% of votes cast. These Constitutional amendments were considered by many to be representative of the prevailing movement for political change within Indigenous affairs. The referendum, together with the achieve- ments of the Gurindji people, had put Aboriginal land rights on the national political agenda. Indigenous Pastoral Land Holdings Today, Indigenous landholdings occupy: • 15% of the land area in WA • 50% of the land area in the NT (a large percentage is not used for pastoral activities) • 3.4% of the land area in Qld. The location of these holdings for each jurisdiction is shown in Figures 3.1, 3.2 and 3.3 on the following pages. Understanding the rules and regulations that govern the use of land is important to being able to manage a pastoral property to the best advantage. This means that it is necessary for Indigenous pas- toralists to know their rights and obligations under the various systems of land tenure that operate around Australia. This has become even more important, as Indigenous pastoral corporations struggle to meet their lease obligations following the market disruption caused by the live export suspension of 2011. The situation for Indigenous pastoral businesses in WA is further aggravated because all pastoral leases are due to expire in 2015. A lease will only be renewed if the lessee has met a range of conditions. 5 back to top MODULE 3 land information Aboriginal people also need to know: • their business diversification options under the various tenure arrangements • their rights when dealing with mining interests. Governments, working together with Aboriginal and industry bodies, can offer assistance in land matters under various Indigenous pastoral programs in each jurisdiction. Further Information on Regional Maps Queensland ILC Regional Map Queensland Northern Territory NT Indigenous Property Map ILC Regional Map NT Western Australia ILC Regional Map WA WA Indigenous Land Maps 6 back to top MODULE 3 land information Figure 3.1 Map of Northern Territory Aboriginal Land 7 back to top MODULE 3 land information Figure 3.2 Map of Queensland Aboriginal Land 8 back to top MODULE 3 land information Figure 3.3 Map of Western Australian Aboriginal Land (Kimberley & Pilbara) 9 back to top MODULE 3 land information Land Tenure Indigenous Lands - Definitions and Complexities Land tenure is defined as the act or right of holding and using land rights. A land tenure system is the system of rules and conditions under which land rights may be held and used. Following European settlement, the law of Australia originally considered that all the land of Australia belonged to the Crown (the government). In other words, all land was Crown land. The Crown could then grant or create interests in this land. Those interests could be freehold (what is commonly thought of as ‘ownership’ of land) or leasehold. Both of these interests carry with them a legal right to hold, occupy and use the land. That legal right is known as a land title. Land title can be held by a person or an organisation or another legal entity. The granting of freehold land title means that the land is no longer considered Crown land but is ‘owned’ by the person or organisation that holds the land title. Native title and land rights both recognise the traditional rights of Aboriginal and Torres Strait Islander peoples to land. However, they are legally very different terms. Native title is based on traditional Indigenous ownership of land and waters. Land rights are a legislative response by parliaments to those traditional rights. Aboriginal land is private property owned under special title. Aboriginal land is not owned by individuals. It is granted as a communal title. Land is formally held by land trusts - groups of Aboriginal people who hold the title for the benefit of all the Traditional Owners and people with a traditional interest in the land. A review of land tenure management across northern Australia was announced in December 2012, following an agreement by Federal, Qld, WA and NT Regional Development Ministers at the Northern Australia Ministerial Forum (NAMF). The review is the first stage of understanding the complexities of land tenure throughout Australia, with a view to the various jurisdictions moving to a consistent approach to land tenure management.