I set out principles that should underpin the introduction of
any land tenure reforms or home ownership schemes.
Below I set out some principles that should be considered prior to the introduction of
land tenure reforms and any home ownership scheme.
In section 4.6 of this Chapter I set out some principles that should underpin the introduction of
any land tenure reforms or home ownership schemes.
REDD is a complicated and contentious issue, but this much is clear: any approach to reducing deforestation must be based in human rights, the rights of Indigenous Peoples,
land tenure reform, and territorial sovereignty.
In section 4.6 of this Chapter, I set out some of the principles that need to be considered prior to the introduction of any home ownership scheme or
land tenure reform.
Township leasing, which was introduced in 2006, remains important as the first changes made by the Australian Government as part of its Indigenous
land tenure reform policy.
While there is some confusion about the aims of Indigenous
land tenure reform, a common theme is the aim of making it easier for Indigenous land owners to make use, including commercial use, of their land.
We are driving an aggressive
land tenure reform agenda, which is necessary to underpin sustainable tenancy management, give tenants the assurance that routine repairs and maintenance will be carried out and lay the foundations for economic development in remote communities.
When it was in opposition, the Labor Party expressed concerns regarding the former Coalition Government's approach to Indigenous
land tenure reform.
I also highlight developments in
land tenure reform in the Northern Territory, Queensland, New South Wales, South Australia and Western Australia.
As the report highlights, there are many other options apart from
land tenure reform that ought to be considered in order to promote economic development on communally owned land and the report provides a number of alternative models to consider.
In light of
the land tenure reform measures adopted in the Northern Territory Intervention legislation, such a commitment is a welcome one.
Native Title Report 2009 Community Guide: Social Justice and Native Title Reports Contents The report overview: The challenges ahead Chapter 1: The state of land rights and native title policy in Australia in 2009 Chapter 2: Changing the culture of native title Chapter 3: Towards a just and equitable native title system Chapter 4: Indigenous
land tenure reform Appendix 1: Native title determinations Appendix 2: Native title statistics Appendix...
In the Native Title Report 2009 the then Social Justice Commissioner outlined a number of principles that the Government should follow when considering
land tenure reform.
I call upon governments to work with us to close the gap in a way that respects, protects and fulfils our fundamental human rights, and to follow the principles outlined above when considering
land tenure reform.
Not exact matches
Reform of land tenure with reform of the tax system usually fixes many of the pro
Reform of
land tenure with
reform of the tax system usually fixes many of the pro
reform of the tax system usually fixes many of the problems.
This is will be particularly important in areas where, for example,
tenure reform will be required to achieve key opportunities from carbon markets on Indigenous
lands.
Public discussion began in late 20045 when the CEO of New South Wales Native Title Services and member of the government - appointed Indigenous advisory body, the National Indigenous Council (NIC), 6 Mr Warren Mundine, issued a press release calling for changes to the
tenure of Indigenous
land to facilitate increased home ownership and business development.7 In February 2005, the federal Minister for Immigration and Multicultural and Indigenous Affairs indicated that the Australian Government would contemplate changes to tenure in reforming the federal land rights legislation operating in the Northern Territory, the Aboriginal Land Rights (Northern Territory) Act 1976 (Ct
land to facilitate increased home ownership and business development.7 In February 2005, the federal Minister for Immigration and Multicultural and Indigenous Affairs indicated that the Australian Government would contemplate changes to
tenure in
reforming the federal
land rights legislation operating in the Northern Territory, the Aboriginal Land Rights (Northern Territory) Act 1976 (Ct
land rights legislation operating in the Northern Territory, the Aboriginal
Land Rights (Northern Territory) Act 1976 (Ct
Land Rights (Northern Territory) Act 1976 (Cth) 8
One of the main reasons for
tenure reform is to make Indigenous
land available to attract «commercial investment», including «private sector investment to expand the housing asset base».
In this Chapter, I have attempted to identify the
reforms to Indigenous
land tenure that are being implemented across Australia.
They are a most direct expression of the Australian Government's focus on gaining control over Aboriginal
land, rather than
reforming tenure to assist Aboriginal people to better use their
land.
At times there is an overlap between
tenure reform and secure
tenure, such as when
reforms to
land tenure make it easier to grant a lease to the government.
This Chapter reviews
tenure reform programs across Australia and reveals that the focus of
reforms has been on enabling governments to obtain secure
tenure over Indigenous
land.
The Minister for Families, Housing, Community Services and Indigenous Affairs has said that another aim of the
reforms is to provide «greater economic opportunities (business investment and home ownership) as a result of resolution of
land tenure and
land administration issues».
First, we are working to establish the policy foundations required in relation to
land tenure and housing
reform; and second, we have made unprecedented financial commitments directed to changing the face of Indigenous housing across the nation within a decade.
For example, the long - term legacy of
tenure reform may be negative if it results in commercially valuable areas of Indigenous
land being effectively sold off.
The
tenure requirements for the new housing areas are also still being finalised, and will in part rely on the
reforms to Aboriginal
Lands Trust housing, which are described above.
I have previously expressed my concern with arguments that
tenure reform is the key to removing impediments to economic development in communities on Indigenous
land.
Finally, I consider the principles that should be followed in implementing any
reforms to Indigenous
land tenure in Australia.
Reforms to
land tenure for the purpose of attracting commercial investment will be experienced differently by diverse Indigenous communities across Australia.
If the aim of
tenure reform is to provide clarity of ownership and improved opportunities for development, this can be achieved by quickening processes for the return of
land to Indigenous people and supporting them to pursue their right to development.
The term «
tenure reform» generally refers to changing the way in which
land is owned or how interests in
land (such as leases) can be granted.
Tenure arrangements must support the implementation of tenancy management
reforms including the issue of individual tenancy management agreements between the state housing authority and the tenant without requiring further consent from the underlying
land owner.
In 2006, the former Minister for Indigenous Affairs, Mal Brough, stated that
reforms to Aboriginal
land tenure in the Northern Territory to introduce township leasing would «allow Aboriginal Australians in parts of the Northern Territory who have been denied rights for many years to be able to own their own home».
This includes making funding for communities conditional on the
reform of
land tenure arrangements that obstruct new housing investment.
Tenure reforms should aim to provide Indigenous people with stronger forms of Indigenous
land ownership.
During 2005 and 2006 the Australian Government argued the need for
reform to policies and legislations governing Indigenous
land tenures.
I am concerned that these
reforms have been focused on enabling governments to obtain secure
tenure, rather than on assisting Indigenous people to make use of their
land.
Any
reforms that are designed to improve Aboriginal
land tenure must be supported by an ongoing commitment to implementing the
reforms and an increased willingness to engage with Aboriginal people and organisations.
Professor Ben Cousins explains that the country's
land policy rests on three main pillars: restitution, redistribution, and
tenure reform.
Tenure reform aims to secure the
land rights of those whose rights are insecure as a result of past discrimination.»
While the EFF's motion in Parliament pushed for all
land in the country to be state - owned, the resolution ties this down by stating that: «The ANC's approach to
land reform must be based on three separate elements: increased security of
tenure,
land restitution and
land redistribution.»