A large Australian council could lose control of its sporting club grounds, cemeteries and outdoor recreational areas if a landmark native title claim over a densely populated area of Brisbane is successful.
The claim filed by the Quandamooka people, the traditional owners of the Redland Coast, covers about 530sq km including parts of Brisbane City and most of mainland Redlands, in southeast Queensland.
The claim could infer native title rights on about 3500 council owned or managed properties including a boy scouts hall, Redland Performing Arts Centre, a number of cemeteries, parks and popular scenic recreational areas such as Wellington Point, Victoria Point and Cleveland Point.
A Redland City Council spokesman told the Courier Mail that a claim over heavily developed and popular community sites could set a concerning precedent for others in Australia.
“The Quandamooka Coast claim is one of the first to be made over a densely populated area with a European settlement history dating back to the 1800s,” he said.
A finding in favour of the applicants could see Indigenous Australians handed exclusive native title rights, the council spokesman said.
“This means they will have the right to possess, occupy and use an area to the exclusion of all others,” he said.
The spokesman said it was “forensically analysing each of the sites, in some cases using records dating back to the 1800s, to determine whether they could be defended against the claim”.
The Courier Mail reports that the native title claim could cost council $210 million if successful.
“Council has continued to bear the substantial burden of identifying and documenting the historical title, ownership history and past works that may affect the native title status of the 3500 council owned or controlled lots … notwithstanding that the applicants receive financial assistance from the Commonwealth, who are not actively participating in the resolution of the claim,” the spokesman said.
The council has released extensive detail on its own website and has tried to clarify the status of land under claim.
“The Quandamooka Coast Claim covers around 530 square kilometres including a small part of Brisbane City and most of mainland Redlands, as well as areas of Lamb Island, Macleay Island, Karragarra Island, Coochiemudlo Island, Cassim Island, Sandy Island, Tindappah Island (Garden Island), Green Island (Milwarpa), King Island (Erobin), St Helena Island (Noongoon) and Mud Island (Bungumba),” the council website reads.
“While native title does not include land in private or public freehold ownership, such as houses and businesses, approximately 3500 Council-owned or managed properties are included in the current Quandamooka Coast native title claim.
“Council has been participating in the legal process as a respondent to the claim, as per the Native Title Act 1993 (the Act), and established procedures for identifying and settling claims. “Council’s research has sought to assist in identifying the status of Native Title in the claim area, and the extent to which native title rights exist and has been making submissions to the State Government and the Native Title claim applicant.
“The efforts of Redland City Council to clarify the status of land under claim are not designed or intended to defeat the Native Title interests or aspirations of the Quandamooka people.
“Having clarity over the history of the lots of land – and whether that extinguishes native title or not – will ensure there are no legacy issues down the track,” it says online.
“The well-established process for native title claims is that parties with an interest in the land within the claim area elect to join the proceeding and they then may make submissions in regard to land where native title may have been extinguished.”
Queensland One Nation senator Pauline Hanson said the native title claim was the “tip of the iceberg”.
“If we get the Voice to Parliament this will expand tremendously,” she told Daily Mail Australia.
She also claimed Queensland Native Title Services was being funded to the tune of $71 million by the Albanese government to make the claims on the Redlands region.
Meanwhile a federal fund to aid councils in responding to native title claims had been abolished by the Albanese government, she said, making it a very one-sided affair.
“There is no federal government funding for the respondents to fight these claims,” Senator Hanson said. “Local councils can’t afford it. I think it is unfair, I think it is unjust.”
Redlands Council disputed the Voice would impact native title claims.
A statement on its website said “Native Title rights and procedures are already well established and have even Australian law for almost 30 years”.
“The Voice referendum decision before the Australian people does not affect these existing Native Title Rights or the established procedures for the settlement of Native Title claims.”
The council stresses that the native title claim is “entirely unrelated to and unaffected by the separate national proposal to formally enshrine Indigenous recognition and a Voice to the Australian Parliament in the Australian constitution.
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“Native Title rights and procedures are already well established and have been Australian law for almost 30 years,” the council says online.
“The Voice referendum decision before the Australian people does not affect these existing Native Title Rights or the established procedures for the settlement of Native Title claims.”
A 2019 report by the Native Title Tribunal said 40 per cent of Australia had been claimed.
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