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HomeNewsAboriginal Elder Breaks Ranks Over Indigenous Land Claims

Aboriginal Elder Breaks Ranks Over Indigenous Land Claims

A Wiradjuri elder has criticised an Aboriginal land council, claiming it is using land rights laws as a “weapon” after several well-known Sydney landmarks were drawn into Indigenous land claim disputes.

Roy Ah-See raised the concerns on Monday while speaking with 2GB Breakfast presenter Ben Fordham.

“Weaponising the legislation doesn’t help anyone. It doesn’t help people, it doesn’t help our communities,” he said.

The remarks came after it emerged that Sydney’s famous Bondi Icebergs had become the subject of a land claim, with the radio program later reporting that three other major sites across the city were also facing similar claims.

Mr Ah-See said the claim connected to the landmark Bondi pool and hospitality venue was of particular concern to him.

‘To hear that these places have been subject to a land claim is really concerning for me as the former chair of the New South Wales Aboriginal Land Council, because that was never the intent,’ he said.

Club Rose Bay, St Michael’s Golf Club at Little Bay and Matraville RSL, also known as Club Matto, are among the well-known sites across Sydney that are reportedly subject to claims.

A Wiradjuri elder, Roy Ah-See has accused an Aboriginal land council of 'weaponising' land rights legislation

A Wiradjuri elder, Roy Ah-See has accused an Aboriginal land council of ‘weaponising’ land rights legislation

The La Perouse Local Aboriginal Land Council confirmed on Friday that it had submitted a land claim over the iconic Bondi Icebergs pool

The La Perouse Local Aboriginal Land Council confirmed on Friday that it had submitted a land claim over the iconic Bondi Icebergs pool

The La Perouse Local Aboriginal Land Council confirmed on Friday that it had lodged a claim over the world-famous Bondi Icebergs pool and licensed club in Sydney’s eastern suburbs.

Located at the very southern end of Bondi Beach, the four-storey venue is one of Sydney’s best-known landmarks and operates throughout the year.

Under the Aboriginal Land Rights Act, Aboriginal land councils can lodge claims over Crown land if they believe it meets the legal definition of ‘claimable Crown lands’.

To qualify, the land must be legally available for sale or lease, not lawfully used or occupied, not needed for an essential public purpose, and not subject to native title claims.

The claim does not mean the La Perouse Local Aboriginal Land Council will automatically be granted the land.

The claims are part of a broader backlog of about 44,000 outstanding Aboriginal land claims in NSW. 

However, Mr Ah-See, the former chair of the NSW Aboriginal Land Council, slammed some of the latest claims as ‘exploitative’ and argued they did not reflect the original purpose of the legislation. 

Mr Fordham claimed the La Perouse Local Aboriginal Land Council has most of the iconic venues along Sydney’s eastern beaches in its sights.

St Michael’s Golf Club at Little Bay (pictured) is among the sites named in the latest land claims

St Michael’s Golf Club at Little Bay (pictured) is among the sites named in the latest land claims

Roy Ah-See said the latest claims exploit legislation that was intended to compensate Aboriginal people for the loss of their traditional lands

Roy Ah-See said the latest claims exploit legislation that was intended to compensate Aboriginal people for the loss of their traditional lands 

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Should landmark sites like Bondi Icebergs be subject to Aboriginal land claims, or is that unfair?

‘So we now know, Roy, that the La Perouse Local Aboriginal Land Council has lodged claims on every surf club on the eastern beaches of Sydney,’ Mr Fordham said. 

 Mr Ah-See said he was shocked by the extent of the claims.

‘Oh, look, that’s just not good enough. That really, really surprises me,’ he said.

He said the NSW Aboriginal Land Council should encourage the local body to discuss the claims.

‘Whilst they have no control over a local Aboriginal Land Council, surely the New South Wales Aboriginal Land Council can reach out and just say, ”Look, come on, let’s have a conversation about this. This is not good,”’ he said.

The Daily Mail has approached La Perouse Local Aboriginal Land Council and NSW Aboriginal Land Council for comment.

HOW ABORIGINAL LAND CLAIMS DIFFER FROM NATIVE TITLE

Aboriginal land rights legislation was established before Native Title, with the Northern Territory government the first to make it a law in 1976, followed by other states, including NSW in 1983.

Designed to compensate for historic removal from the land.

Claims are typically made by Aboriginal Land Councils and assessed under state and territory law by government ministers.

If granted, it gives the claimant, such as an Aboriginal Land Council, freehold title to specific parcels of land, making it the legal owner.

Native title followed later in 1993 under the Commonwealth Native Title Act.

It acknowledges a groups’ traditional ownership of the land.

Claimants must apply to the Federal Court and provide evidence of a significant connection to that area. 

It does not grant outright ownership, but rather a bundle of rights including to fish, hunt, conduct ceremonies, and have a say in how the land is used.