Processes for lessees to acquire a lease of Aboriginal land must be no more difficult or expensive than processes to acquire an interest in fee simple freehold land. Processes for trustees to grant a lease of Aboriginal land must be simple and inexpensive, including receipt of native title consent for the grant of a lease. A lease of Aboriginal land for home ownership or economic development must confer benefits to the Lessee equivalent to the (fee simple) freehold benefits of: Security of Tenure; Autonomy of decision making the land within the bounds of the lease; Potential to transfer the interest in land to any party; and Access to Equity in the property. Development of Aboriginal land should satisfy standard statutory approval / consent requirements, including under the ALA, Sustainable Planning Act (Qld) 2009, Native Title Act 1993 and the Aboriginal Cultural Heritage Act (Qld) 2003, and land arrangements must be conducive for these approvals. Cultural heritage must be properly managed and protected through the relevant planning scheme under which the land and lease is controlled. Mainstream financial institutions must be prepared to offer mainstream mortgages and other financial products for the purchase of a lease and investment in development. This is really an test for the success of the ‘acid’ application of these principles to Indigenous land ownership, administration and use. Participants in leasing and development processes must have sufficient support and capability to efficiently and effectively engage in processes. Potential Reform Actions To achieve these principles, reform actions are required: Legislative amendment, including the ALA - Amend the Aboriginal Land Act (Qld) 1991 to provide that: Land may be transferred to a PBC regardless of whether native title has been determined over that area, and Any person is potentially eligible to be granted a home ownership lease, although Trustees may set local criteria for the classes of people eligible for a lease. This is to remove the current restriction that only Aboriginal people (or their spouse) may be granted a home ownership lease under the ALA. Otherwise the current home ownership lease should be removed and a standard template lease option introduced instead (for example, as currently used in the Australian Capital Territory for private residential leases). Reform Aboriginal land Trustee arrangements - Reform arrangements so that all transferable land is transferred to a PBC. This will include transferring land for
Processes for lessees to acquire a lease of Aboriginal land must be no more difficult or expensive than processes to acquire an interest in fee simple freehold land. Processes for trustees to grant a lease of Aboriginal land must be simple and inexpensive, including receipt of native title consent for the grant of a lease. A lease of Aboriginal land for home ownership or economic development must confer benefits to the Lessee equivalent to the (fee simple) freehold benefits of: Security of Tenure; Autonomy of decision making the land within the bounds of the lease; Potential to transfer the interest in land to any party; and Access to Equity in the property. Development of Aboriginal land should satisfy standard statutory approval / consent requirements, including under the ALA, Sustainable Planning Act (Qld) 2009, Native Title Act 1993 and the Aboriginal Cultural Heritage Act (Qld) 2003, and land arrangements must be conducive for these approvals. Cultural heritage must be properly managed and protected through the relevant planning scheme under which the land and lease is controlled. Mainstream financial institutions must be prepared to offer mainstream mortgages and other financial products for the purchase of a lease and investment in development. This is really an ‘acid’ test for the success of the application of these principles to Indigenous land ownership, administration and use. Participants in leasing and development processes must have sufficient support and capability to efficiently and effectively engage in processes. Potential Reform Actions To achieve these principles, reform actions are required: Legislative amendment, including the ALA - Amend the Aboriginal Land Act (Qld) 1991 to provide that: Land may be transferred to a PBC regardless of whether native title has been determined over that area, and Any person is potentially eligible to be granted a home ownership lease, although Trustees may set local criteria for the classes of people eligible for a lease. This is to remove the current restriction that only Aboriginal people (or their spouse) may be granted a home ownership lease under the ALA. Otherwise the current home ownership lease should be removed and a standard template lease option introduced instead (for example, as currently used in the Australian Capital Territory for private residential leases). Reform Aboriginal land Trustee arrangements - Reform arrangements so that all transferable land is transferred to a PBC. This will include transferring land for
cape_york_institute_cape_york_land_council_7_may_2015.docx