Review of the Aboriginal Lands Trust Act 1966

The Minister for Aboriginal Affairs and Reconciliation, the Hon Grace Portolesi MP, is conducting the review of the Aboriginal Lands Trust Act 1966 (SA).

The Aboriginal Lands Trust Act 1966 (SA) was the first piece of legislation in Australia to provide Aboriginal people with rights and interests in land. The legislation was significant in not only providing for secure title to land but also establishing Aboriginal control through a Board whose members were required to be Aboriginal.

The review of the Aboriginal Lands Trust Act 1966 (SA) has been initiated to allow public debate as to whether this Act continues to meet the needs and aspirations of Aboriginal South Australians. The Minister released the Consultation Paper for the review in November 2010. The Consultation Paper sets out the Government’s vision for a strong, professional, independent and accountable land holding body.

The key changes proposed are:

• the inclusion of clear functions and powers for the Aboriginal Lands Trust (ALT)

• the removal of the requirement for Ministerial consent to dealings in land and other administrative matters

• the restructuring of the Board into a smaller, independent skills-based body appointed by the Minister

• the introduction of decision making processes that require the ALT to ensure that Aboriginal people with an interest (residents,

people with historical or traditional connection, native title claimants and holders) are included in those processe

the introduction of a review process to assist Aboriginal people, the ALT, lessees and the Minister to resolve

disputes or disagreements about rights and interests in land

• the introduction of a process of ‘good order audit’ of the ALT land holding prior to the new processes being applied. There is widespread support for changes that will enable the ALT, now and in the future, to meet the environmental, economic, social and cultural challenges of Aboriginal land ownership and management.

The second round of consultations has recently concluded and the closing date for submissions was 28 February 2011.

The second round of consultations was conducted on ALT communities and key township centres across South Australia

from 15 November 2010 and concluded on 18 January 2011.

Key messages from the community consultations were:

• the Good Order Audit has been unanimously welcomed, and very strongly supported by all participants

• the new decision making process has also received significant support, particularly from community members who no

longer reside on ALT communities but have strong family and native title links

• the ALT holds the land ON TRUST for Aboriginal people (I.e., it’s not the ALT’s land)

• the new proposals will make it easier for Aboriginal people to come together on a regional level to make decisions about

their land.

Submissions have been received from Aboriginal organisations, local councils, non-government organisations and

individuals. At the time of publication the following submissions had been received from the following:

• Registrar of Indigenous Corporations

• Adnyamathanha Traditional Land Association

• Iga Warta Community

• Aboriginal Congress of South Australia

• Aboriginal Legal Rights Movement

(ALRM)

• Local Government Association

• District Council of Ceduna

• Michael Anderson.

The ALT Reference Group has played a lead role in facilitating discussion and debate and has worked to ensure that the

outcome of the review of the Aboriginal Lands Trust Act 1966 (SA) is a positive one for all parties.

The members of the Reference Group are:

• George Tongerie AM, JP Chair Aboriginal Lands Trust Board

• John Chester, General Manager ALT, Nominee for Mr George Tongerie

• Haydn Davey, Deputy Chair, Aboriginal Lands Trust Board

• Klynton Wanganeen, Commissioner for Aboriginal Engagement

• Parry Agius, Chair South Australian Aboriginal Advisory Council

• Derek Walker, Community Representative

• Harry Miller, Community Representative