Bellingen Shire Council has voted to drop its opposition to Aboriginal land claims over two areas known as the Dorrigo Polocrosse Fields and the Dorrigo Horse Common, largely because it has proved difficult to find evidence to prevent the handover.
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Under the Aboriginal Land Rights Act 1983, Aboriginal Land Councils can claim Crown Lands that are not being lawfully used or occupied; or are not needed, or likely to be needed, for an essential public purpose.
It is not necessary to prove a traditional connection to the land in order for a land claim to be granted, as the intention of the Act is to provide compensation for dispossession and the resulting ongoing disadvantage suffered by Aboriginal people.
The Department of Industry-Lands has requested information about usage dating back to 2004, which is when most of the claims in the two areas were lodged by the Dorrigo Plateau Aboriginal Land Council.
The recommendation put to councillors explained that: “In reviewing the Council’s ability to actually source the information requested by DOIL, the ongoing resourcing required to maintain these land parcels, the lack of any suitable land currently within the possession of the Dorrigo Plateau Local Aboriginal Land Council and the potential benefits from this land passing out of the Crown Estate, it was considered that the optimal outcome in this instance would be for Council to instead advise the DOIL that it has no objection to the granting of the Land Claims”.
The agenda document for the meeting noted that although members of the community may be able to supply relevant historical information, undertaking community consultation was not proposed as it “would create a precedent of similar expectation for the 228 other undetermined land claims in the shire”.
The Polocrosse Fields, currently used as an off-leash dog walking area, is zoned industrial and the Horse Common is zoned residential.
The resolution adopted by council included a clause to “commence investigations into the location of an alternative ‘off-leash area’ in Dorrigo in the 2019/2020 Financial Year.”
Discussion at the meeting
At the council meeting on October 31, senior strategic planner Daniel Bennett clarified that the assessing body for land claims was the state government, not council, and that for council to find the information requested by the DOIL would incur a “significant resourcing burden”.
He also said that in determining the claim, the state government would not consult with the general community, only with targetted stakeholders.
Cr Toni Wright-Turner said she was pleased to see council allowing the claims to proceed.
“We’ve been asked to look at the records we have and put our information forward, but we don’t have anything to stand in the way,” she said.
Cr Jennie Fenton said the Aboriginal community in Dorrigo was facing significant housing problems, and she wished them the best of luck in using the land.
Cr Dominic King said the whole shire was struggling with housing, but the Indigenous situation was worse, and that he considered this step to be part of how we maintained diversity.
Reaction from Dorrigo Plateau Aboriginal Land Council
Robin Heath, CEO of the Dorrigo Plateau Aboriginal Land Council, said they would be pleased to have the opportunity to make good use of the assets likely to be transferred to them.
Previous land claims have been accepted in Dorrigo, “but they’ve all been small blocks that you can’t do anything with, or they’re out of the zoning area for housing”, he said.
Robin said one option for an industrial block may be to lease it as a site for the Men’s Shed, while the area zoned residential will probably be developed for affordable housing.
“Under the Land Rights Act we’re entitled to claim land, and we try to do that for future generations. We see it as building capacity and trying to house our kids for the future. Otherwise we’ll come back to being fringe-dwellers again, living on the outskirts of town.”
He agreed that these claims have been in the pipeline for a long time and noted that some of the outstanding land claims in Australia go back to 1983, when the Act was proclaimed.
“Thirty something years it’s taken to get them processed,” he said.
The Dorrigo Plateau Aboriginal Land Council will discuss plans for the sites at a meeting of its members to be held within the next couple of weeks.
Janene Carey
Janene Carey is the senior journalist for the Bellingen Shire Courier-Sun
Janene Carey is the senior journalist for the Bellingen Shire Courier-Sun
