Issues and problems with the Native Title System
Gubbi Gubbi Dyungungoo Group Inc. are calling for a Royal Commission by the Australian Federal Government to conduct a public inquiry into the Australian Native Title system. This includes a formal review of the Native Title Act 1993 and formal independent investigation into the operations and practices of Queensland South Native Title Services. It’s time to change Native Title and State agreements.
Gubbi Gubbi Dyungungoo Group Inc. are raising the concerns of the Native Title system. The following information explains the current issues of an active Native Title application that covers the Moreton Bay, Sunshine Coast, Noosa and Gympie region. This information is written by Gubbi Gubbi Dyungungoo Group Inc. and was presented as a Parliamentary Speech on 29 November 2022 by Luke Howarth, Federal Member for Petrie, at Parliament House in Canberra.
What is Native Title?
Native title includes a bundle of rights, rather than a title to land. Native Title rights are described in the Native Title Act 1993. Native title rights are categorised as either exclusive or non-exclusive.
Exclusive native title — the right to possess, occupy and use an area to the exclusion of all others. In other words, it allows native title holders to control access to lands.
Non-exclusive native title — rights co-exist alongside other property rights, which means native title holders don’t control access to lands. Non-exclusive rights can include:
- the right to live and camp in the area
- build temporary shelters, hunt and fish on the area
- collect food
- conduct ceremonies
- maintain and protect places of cultural importance.
Who provides legal representation for Native Title applicants in Queensland?
Queensland South Native Title Services is a government funded organisation that is providing legal representation to native title applicants. Queensland South Native Title Services is managed by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) and is funded by the National Indigenous Australians Agency (NIAA) to support their operations. The Queensland South Native Title Services 2022 Financial Report says they received $14,876,697 in Government funding in the 2021-22 financial year.
What is the history of Native Title on Gubbi Gubbi Country?
Since 1993 when the Native Title Act was passed, there have been 14 Native Title applications submitted so far to the Federal Court of Australia in Gubbi Gubbi Country. This includes the council areas of Moreton Bay Regional Council, Sunshine Coast Council, Gympie Regional Council, Fraser Coast Regional Council and Noosa Council. The most recent application was filed in 2018 and is pursuing non-exclusive native title rights. It was submitted to the Federal Court on the basis of being a combined application of the two previous claims submitted in 2013 and 2016.
What are the concerns of the Native Title system?
The current claim before the Federal Court has seven applicants. It is unknown how the seven applicants were selected from a large group of descendants. It can be assumed they were selected by Queensland South Native Title Services since there was no formal election process. Notably, the current active Native Title application filed in 2018 has added new applicants and some applicants from the pre-combined claims are no longer listed, which raises concerns about the application’s legitimacy.
Gubbi Gubbi Dyungungoo Group Inc. can confirm that the current applicants do not represent all Gubbi Gubbi Traditional Owners of this area. The seven applicants were not chosen through a formal election process. Queensland South Native Title Services appear to be ‘cutting corners’ to increase their chances of increasing their quota of native title claims they can get passed in the Federal Court of Australia. The current applicants are misleading the public by claiming to be ‘elected representatives’, which is not true since there was no formal election process.
The applicants have not been confirmed any Native Title rights by the Federal Court Judge, yet they are receiving payment for attending Government meetings and signing off commercial projects on behalf of all Traditional Owners without legitimate consent.
Gubbi Gubbi Dyungungoo Group Inc. can confirm that the seven applicants represent only themselves. They do not represent all the Traditional Owners in the area, and they have no right to speak or make decisions on behalf of all Gubbi Gubbi Traditional Owners.
A tactic to generate money through the Native Title system is to obtain compensation payments off small pockets of freehold unallocated State-owned land. For anyone who enquires to the Queensland Government to purchase freehold unallocated State-owned land, they are referred to contact the registered Native Title applicants to negotiate a price for the sale because the land is subject to a native title claim. The sale price is essentially compensation money that will go to the native title applicants post sale if they surrender their native title rights to that area of land. It is ironic that when there is money involved, all of a sudden, native title applicants come out of the woodwork and claim compensation over the smallest pockets of land. For example, this scenario is happening in Scarborough for three lots, which is a total of 143 square metres of land.
Native Title non-exclusive rights includes the rights to live and camp in the area, build temporary shelters, hunt, fish in the area, collect food, conduct ceremonies and maintain and protect places of cultural importance, as defined in the Native Title Act 1993. Gubbi Gubbi Dyungungoo Group Inc. are not convinced that the applicants are pursing Native Title non-exclusive rights for these reasons. Profits seem to be the main goal instead.
The Moreton Bay Region, Sunshine Coast Region, Gympie Regional and Noosa Region are major urban areas with a high density of houses, commercial buildings and roads. That is the reality of the current state across many areas on Gubbi Gubbi Country. Therefore, Native Title activities to fish, hunt and camp are limited. Native Title on Gubbi Gubbi Country is just plain exploitation for monetary gain, and because it suits the government’s agenda. Native Title agreements are frequently confidential and lack clearly defined outcomes. The Native Title system has shifted its focus to greed, money and power.
In addition, there are outdated rules within the Queensland Aboriginal Cultural Heritage Act 2003, which is currently under review by the Department of Seniors, Disability Services, and Aboriginal and Torres Strait Islander Partnerships.
What is the solution?
Gubbi Gubbi Dyungungoo Group Inc. are calling for a Royal Commission by the Australian Federal Government to conduct a public inquiry into the Australian Native Title system. This includes a formal review of the Native Title Act 1993 and formal independent investigation into the operations and practices of Queensland South Native Title Services. It’s time to change Native Title and State agreements.
What can you do to help?
Contact your local politicians to help raise this concern.
