Response of Laynhapuy Region Leaders to 99 Year Lease Proposal
Tuesday, 25 September, 2007
by Laynhapuy Region Leaders
Media Release
Response of Laynhapuy Region Leaders to Memorandum of Understanding between Galarrwuy Yunupingu and Commonwealth of Australia
99 Year Lease Proposal
Laynhapuy leaders in no way wish to interfere in the decisions by the relevant Traditional Owners regarding the use and management of their land at Gunyangara (Ski Beach) and Drimmie Head, we remain very concerned about the approach the Government has pursued in seeking this MoU and moving towards a 99 year lease. It appears to have the potential to set a precedent that could undermine the protection of our rights under the Aboriginal Land Rights (NT) Act.
Specifically, we have the following concerns about the process:
• The NLC, under the ALR (NT) Act has responsibility for identifying the relevant TOs for the land which is subject to a proposal. It is not acceptable for the Government to preempt the proper NLC process of assessment to determine who these TOs are. Claims by individuals to Traditional Ownership must in general also be properly verified, although we are in no way questioning Galarrwuy’s interest in Ski Beach.
• Meetings between Government officials and individual TOs to strike agreements is unacceptable. All the affected TOs must be afforded the same opportunity through processes under the ALR (NT) Act to receive information, consider proposals, and seek independent legal and financial advice.
• It is not acceptable for the Government or individual TOs to preempt the consultation and consent processes by the relevant TOs collectively, or the decisions of the Full Council and Lands Trust. The signing of such an MOU has effectively put the ALR(NT) Act processes, and other Traditional Owners, under a degree of duress.
• It is unacceptable for the Government to be party to an agreement/MOU which an individual TO has sought to enter into ‘on behalf of their clan’ – despite an apparent lack of advance knowledge and informed consent by those other clan members.
• As these 99 year leases impact on the ‘inalienable freehold’ rights of future generations of Yolngu Traditional Owners, the compensation for the loss of these rights (ie. rent) must be structured so that current and future generations during the course of the 99 year lease benefit equitably, and there is not just a windfall for the current TOs.
The Gunyangara (Ski Beach) Traditional Owners will make their own decisions about how to proceed from this point. However, we are very concerned that such processes should not be repeated in other areas, so that the rights of other communities, Traditional Owners and the NLC are not compromised.
We expect the NLC to ensure that the proper processes under the ALR(NT) Act are followed in this and all future matters. If the Government seeks to circumvent these processes we expect the NLC to vigorously contest such moves, including through court action if necessary.
‘Mala Leaders Group’ to consider the Emergency Intervention
In his article in the Weekend Australian, Mr Yunupingu rightly criticized Minister Brough for inadequate consultation with Yolngu Leaders about the Emergency Intervention. We support Mr Yunupingu in this view but stress that the Government must consult with Yolngu leaders representing all land owning clans - not just a hand-picked few. If the proposal by Mr Yunupingu for the NLC to form a ‘Mala Leaders’ group for East Arnhem Land proceeds, it must be on the basis that:
• both male and female leadership of all the many clans of the East Arnhem region are represented, including both homelands and major communities
• clans are free to nominate their own leadership without influence from either Government or Mr Yunupingu
• the meetings are convened and chaired independently by the Regional office of the NLC
• the group represents the East Arnhem region only, so it can focus exclusively on the circumstances and interests of Yolngu, and not be influenced by interests outside the region.
• Government and the NLC must recognize that Mr Yunupingu’s status in this forum must be as one amongst equals, and not the purported ‘leader’ of Yolngu people. Future consultation and decision-making about the Emergency Intervention measure and the future of East Arnhem Region must occur through and broad based group of Yolngu leaders truly representative of the land owning clans.
______________________________________
This Media Release is endorsed by senior men and women of the following clans at a meeting at Yirrkala on 25 September 2007, attended by David Farlam, of the NLC Regional Office:
Wangurri Clan
Yarrwidi Gumatj Clan
Djapu Clan
Manggalili Clan
Marakulu Clan
Dhalwangu Clan
