NO TO TOWNSHIP LEASES

DEMAND 4

End compulsory 5 - year leases over Aboriginal township land taken through the Intervention. 

Stop pressuring communities to sign extensions on these leases. Left the requirement that 40 year leases are signed with the government before housing can be built.

Rescind all leases signed since the Intervention began in 2007. 

OVERVIEW

Most Aboriginal communities "prescribed" under the NT Intervention are situated on Aboriginal Land, won back under the Aboriginal Land Rights Act (Northern Territory) 1976. The ALRA grants private freehold title, held collectively by traditional Aboriginal owners.

Prior to the Intervention, under the law of fixtures, most housing stock and administrative and other building constructed on Aboriginal land were owned and controlled by traditional Aboriginal owners.

Any decisions about developments taking place on township land required the consent of traditional Aboriginal owners. In practice, decisions regarding land use were mostly taken by Aboriginal Community Government Councils (pdf page 819), made up of elected members of the local community, regardless of their status as traditional owners.

Before the Intervention, proposals were made by the Central Land Council (pdf page 18) and other Land Councils to use existing provisions in ALRA to formalise and clarify some of these arrangements, in ways which would protect and extend the decision making power of Aboriginal people.

But in 2006, the Howard government passed amendments to ALRA, creating a new category of lease called a "township lease" (Section 19A). The primary function of a "township lease" is to centralise all power over decision making on township land in the hands of the government.

The federal Labor party initially opposed this move, with then Shadow Minister Jenny Macklin quoting from the Land Rights  anthem "from little things big things grow" to assert the importance of Aboriginal control over Aboriginal land. Now as Minister, Macklin is trying to force communities to sign these leases.

In 2006, the government began pushing NT communities with large populations to township leases for 99 years - threatening to with hold funding for housing, health and other services.

Following consistent failure to secure these leases, the Commonwealth compulsorily acquired all Aboriginal township land through the Northern Territory National Emergency Response Act 2007, for a period of five years. This required the suspension of the Racial Discrimination Act 1975.

The Howard government initially justified compulsory leases as necessary to allow for the quick construction of housing. But it soon became clear that no new housing would be built on Aboriginal land until 40-99 year leases were signed.

Central Land Council Director David Ross has said, "The government has used the five year leases to further its own and the Northern Territory Government's interests without any benefits to the residents of these communities".

The 5-year leases can still not be challenged under the RDA.

All decisions about community land use are now effectively made by the Government Business Managers installed by the Intervention.

Control of all housing stock has been transferred from Indigenous housing committees to the NT department of housing. The five year lease has also been used to transfer assets and buildings from Aboriginal councils to new mega-Shires.

Intervention powers were used force town camp housing associations in Alice Springs to sign 40 year leases with the Commonwealth, under threat of compulsory acquisition.

14 of 16 the Growth Towns earmarked for new housing have now also signed leases with the Commonwealth for 40 years or more. Most of these do not cover whole townships, just existing housing stock and land for new housing. But the housing leases lock Aboriginal people into a mainstream public housing model, with no Aboriginal control over housing design, maintenance or ongoing administration. And the government is still applying pressure for full-blown township leases.

In 2012, the compulsory five year leases will expire. Communities are being pressured to sign long-term township leases before this time, though most have refused. The government has kept open the possibility of extending punitive Intervention powers beyond 2012, which could include further compulsory land acquisition.

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