A HISTORY OF ABORIGINAL LAND RIGHTS IN NEW SOUTH WALES 1770 2007 1770 At a ceremonial flag raising on Possession Island

off Cape York, Lieutenant James Cook makes claim to possession of the whole of the eastern coast-line of Australia and names eastern Australia 'New South Wales'. 1778 When the First Fleet arrives and Captain Arthur Phillip raises the Union Jack in Sydney Cove, it is estimated that the Aboriginal population of that area is around 1,500. Historians have estimated that the entire Aboriginal population at the time was between 750,000 to one million. 1798 By this time Aboriginal people have been dispossessed or are in the process of being dispossessed from their land at: Sydney Cove, Parramatta, Prospect Hill, Northern Boundary, the Ponds, Kissing Point, the Field of Mars, the Hawkesbury River, Bankstown and the St Georges River. 1800 Aboriginal people continue to be dispossessed from their lands. The European population around Sydney Cove and district has exploded to approximately 8,000 people, placing increasing pressure on the remaining Aboriginal population. 1819 Governor Macquarie declares that Aboriginal people should be granted land. An Aboriginal man named Colebee is granted 30 acres of land at Bell's Creek, Plumpton. 1824 A mission for Aboriginal people is established at Lake Macquarie. 1835 New South Wales Governor, Sir Richard Bourke publishes a proclamation that implements the doctrine of terra nullius ('land belonging to no one') upon which British settlement is based. 1836 A British House of Commons Select Committee states that Aboriginal people have ".plain right and sacred right..." to their land. 1842 The Land Act 1842 enforces the creation of reserves on Crown land for the use of Aboriginal people. In passing this Act, it was the government's intention to provide Aboriginal owners with secure occupation of some of their country. 1874 The Maloga Mission on the Murray River is established to accommodate approximately 9,000 Aboriginal people who remain in NSW. 1880
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Mr George Thornton is appointed first Protector of Aborigines in NSW. He has the power to create reserves and enforce Aboriginal people's residence on them. 1883 An Aboriginal Protection Board is established in NSW. This takes over the administration of reserves and segregates Aboriginal populations. By the end of the 1800s several reserves are established across NSW. 1901 Federation The Australian constitution specifically prevents the new Commonwealth Government from passing laws relating to Aboriginal peoples. Citizenship and the right to vote denied to Aboriginal, Asian and African peoples. 1909 The Aboriginal Protection Act 1909 (NSW) is introduced, giving authorities the power to move people away from towns and reserves. 1915 NSW Aborigines Protection Board is empowered to remove and apprentice Aboriginal children without a court hearing. 1920 From this period on, there is increased pressure by the public surrounding issues of civil rights, self determination and the abolition of the Aborigines Protection Board. 1924 Australian Aborigines Progressive Association (AAPA) formed to oppose NSW Aborigines Protection Board. Soon after the Australian Aborigines' League follows. The League calls for self-sufficiency on land claimed by right of prior ownership. 1937 Commonwealth and State conference on 'native welfare' adopts 'assimilation' as a national policy. The Aborigines Progressive Association (APA), is formed with three aims: full citizenship rights for Aboriginal Australians, Aboriginal representation in Parliament and abolition of the New South Wales Aborigines' Protection Board. 1938 The first major political rally by Aboriginal people occurs in Sydney. They gather on Australia Day for a 'Day of Mourning' to protest against discrimination towards Aboriginal people. 1940 The introduction of the Aborigines Act 1940 NSW replaces Aborigines Protection Board with NSW Aborigines Welfare Board. 1963 The Yolngu people of Yirrkala send a bark petition to Federal Parliament protesting the government's decision to issue mining leases on their land. As a response, the
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Parliament set up a bipartisan committee to investigate the Yolngu people's grievances. It acknowledges the people's moral right to their lands. 1965 The 'Freedom Rides' take place throughout rural northern NSW drawing the public's attention to racism and social disadvantage. 1966 Vincent Lingiari leads the walk off of Gurindji people from Wave Hill station to Wattie Creek in the Northern Territory. The Gurindji begin a long strike for better wages and conditions and demand the return of their traditional lands. Part of their traditional land is handed back in 1975. Introduction of the South Australian Aboriginal Lands Trust Act 1966 The NSW Government sets up a Parliamentary Committee to investigate Aboriginal welfare in New South Wales. 1967 Over 90% of Australians vote YES in a federal referendum that gives the Commonwealth power to pass legislation on matters related to Aboriginal people and to include them in the Census. 1969 The Aborigines Act 1969 (NSW) implements recommendations of the 1967 select committee report, abolishes the Aborigines Welfare Board, transfers reserves to the Director of Aboriginal Welfare and appoints partly elected Aborigines Advisory Council. 1971 The Yirrkala people launch legal action against mining company Nabalco Pty Ltd and the Commonwealth in the Northern Territory Supreme Court. Justice Blackburn decides against them, ruling that communal Aboriginal title to land was a concept not recognised in Australian Law. It is commonly known as the Gove Land Rights case (Milirrpum v Nabalco Pty Ltd). 1972 The Aboriginal Tent Embassy is set up on the lawn outside Parliament House, Canberra, highlighting that Aboriginal people feel like 'foreigners in their own country as long as they have no legal freehold title to any part of Australia'. NSW Aboriginal Lands Board, an unofficial Aboriginal community group, holds a conference discussing land rights. Publication of 'Aboriginal Land Rights in NSW: demands, law and policy' by Peter Tobin follows a tour of NSW Aboriginal communities. The Whitlam Federal (Labor) Government is elected, establishes the Department of Aboriginal Affairs and makes a firm commitment to the policy of self-determination. The 1972 Census is the first to include Aboriginal people.

1973 The introduction of the Aborigines (Amendment) Act 1973 (NSW) 2nd reading speech 29 March 1973. This legislation establishes the NSW Aboriginal Lands Trust to hold title to Aboriginal reserve lands.
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The Aboriginal Land Rights Commission (Cth) headed by A E Woodward is established to examine matters relating to Aboriginal land. 1974 The Woodward Aboriginal Land Rights Commission Report recommends ways of recognising Aboriginal title and proposes legislation in the Northern Territory. It suggests handing existing reserve lands to Aboriginal land councils, other Crown land to be claimable by land councils; commission to be established to purchase land for Aboriginal people. The Aboriginal Land Fund Act 1974 establishes the Commonwealth Land Fund Commission. 1975 3,300 square kilometres, part of the original Wave Hill station pastoral lease, is returned to the Gurindji by the Federal Government, represented by Australian Prime Minister Gough Whitlam. The Australian Senate unanimously endorses a resolution proposed by Senator Neville Bonner acknowledging prior ownership of Australia by Aboriginal people and seeking compensation for their dispossession. The Federal Government passes the Racial Discrimination Act 1975 (Cth). 1976 The Fraser (Coalition) Federal Government passes land rights legislation for the Northern Territory incorporating Woodward's recommendations. The two critical Federal statutes were: the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) and the Commonwealth Aboriginal Councils and Associations Act 1976 (Cth). Wran (Labor) Government elected in New South Wales. 1978 Jerringa people submit a claim for land at Roseby Park, near Nowra. Yuin people submit a claim for Wallaga Lake, near Bega. Largely as a result of these claims, the NSW Legislative Assembly Select Committee upon Aborigines is appointed under the chairmanship of Mr Maurice Keane (Keane Committee). 1979 During 1979 - 1980 Aboriginal people continue to claim land: at Wilcannia, La Perouse, Bodalla, Toomelah and Bourke. In its early investigations, the Keane Committee resolves to concentrate on terms of reference which largely relate to land rights and produce an interim report with that focus. A wide consultation process begins. 1980 The Commonwealth Aboriginal Development Commission replaces the Aboriginal Land Fund Commission. In NSW the Keane Committee issues its first report in August regarding land rights and sacred sites, accompanied by a large demonstration outside Parliament House. Land rights are recommended on the basis of need and as compensation for land lost, as well as prior ownership and tradition. 1981 The Keane Committee issues its second report in April regarding Aboriginal socioeconomic conditions and Commonwealth/State relations on Aboriginal issues.

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In October, the NSW Ministry of Aboriginal Affairs, headed by Pat O'Shane, is established to coordinate the implementation of legislation and to develop policies in areas affecting the lives of Aboriginal people. At a conference on land rights at James Cook University, it is decided to take the Murray Islands land case to court as a test case. 1982 Eddie Mabo and others commence a case to assert their ownership of land on Mer in the Murray Islands, Torres Strait, that will finally be resolved in the High Court. Green Paper on Aboriginal Land Rights in New South Wales issued in December. 1983 The Aboriginal Land Rights Bill NSW is introduced, 2nd reading speech by the Attorney General, Frank Walker on 24 March. Assent on 4 May and commencement of the Aboriginal Land Rights Act 1983 (NSW) on 10 June 1983. It sets up the three tiered NSW Aboriginal Land Council structure with a 15 year period of payments representing 7.5% of land tax collected in NSW as compensation for lost land and to enable Aboriginal people to establish an economic base. The New South Wales Aboriginal Land Council makes the first land claim pursuant to the new Aboriginal Land Rights Act 1983 at Goanna Headland (NSW North Coast). It is later granted in 1985. 1984 Yorta Yorta Local Aboriginal Land Council (later to be renamed Cumeragunja) is granted remnants of Cumeragunja Reserve. 1985 Yarra Bay House is granted to La Perouse Local Aboriginal Land Council. 1986 The Aboriginal Land Rights Act 1983 (NSW)is amended, making land owned by Aboriginal Land Councils liable for payment of rates unless exempted by the Minister administering the Act. 1988 The Barunga Statement calling for a national system of land rights and recognition of Aboriginal rights is presented to the Australian Prime Minister, Bob Hawke. The Greiner (Coalition) Government is elected in NSW with a policy of abolishing the NSW Aboriginal land rights legislation. They produce two papers: the 'Black Paper' and 'Green Paper'. These recommend mainstreaming all Aboriginal services and the creation of a Commission to replace the New South Wales Aboriginal Land Council network; this evokes outrage in the Aboriginal community. The Supreme Court rules in favour of the New South Wales Aboriginal Land Council when the Greiner Government attempts to take over the land Council network's financial assets. 1989 Charlie Perkins is appointed by the Greiner Coalition Government to compile a report proposing extensive changes to the Aboriginal Land Rights Act 1983 and a Commission to replace the New South Wales Aboriginal Land Council network. 1990
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A meeting held in Bathurst rejects the Perkins report and makes its own recommendations for improving the legislation. The Griener (Coalition) government negotiates with the New South Wales Aboriginal Land Council, leading to significant changes to the Aboriginal Land Rights Act. Two important changes were the introduction of the right of Aboriginal Land Councils to sell their land and the stripping of assets from the (then) 13 Regional Aboriginal Land Councils. 1991 The Royal Commission into Aboriginal Deaths in Custody issues its Report on the inquiry into the deaths of 99 Aboriginal people and Torres Strait Islanders. 1992 The High Court of Australia hands down its Mabo (native title) decision, recognising the title of Meriam people to their land in the Murray Islands and overturning terra nullius. 1993 In December the Federal Government passes the Native Title Act 1993 (Cth) recognising native title and providing a process by which native title rights can be recognised. 1994 The Native Title Act 1994 (NSW) is introduced. Significant changes are made to the NSW Aboriginal Land Rights Act to preserve native title rights and interests when land is transferred from the Crown to an Aboriginal Land Council following a land claim. 1996 The Dunghutti people of NSW are involved in the first successful resolution of a claim under the Native Title Act, becoming the first Aboriginal people on the Australian mainland to have their native title rights recognised. The Howard (Coalition) Federal Government is elected in 1996. Native title is tested further through the courts by the Wik and the Thayorre peoples of Cape York, Queensland. In December the High Court hands down the Wik decision, holding that native title rights can 'co-exist' with the rights of pastoralists on pastoral leases. The decision leads to demands by conservative leaders that native title be extinguished, or wiped out on pastoral leases. The National Parks and Wildlife Act 1974 (National Parks and Wildlife Amendments (Aboriginal ownership) Act 1996 (NSW)) and the Aboriginal Land Rights Act are amended to provide for joint management of certain conservation lands by Aboriginal and non-Aboriginal people. 1997 The Howard Government proposes a '10 Point Plan' in response to the Wik decision and introduces legislation (the Native Title Amendment Bill 1997) to amend the Act, sparking a long campaign by Aboriginal and non-Aboriginal people to oppose the amendments on the grounds that they wind back native title rights. In New South Wales, joint management commences and negotiations begin for the hand-back of the Mutawintji conservation lands to Aboriginal people.
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1998 The Native Title Amendment Act 1998 (Cth) is finally passed in July 1998. In October, Mutawintji National Park is handed back to Aboriginal owners for joint management with the NSW Government. The 15 year period of NSW Government land tax payments for the NSW Aboriginal Land Council network ends. This signifies independence for the Aboriginal Land Council network, which now must function and survive on its own resources. 2000 Over 300,000 people join the 'Peoples walk for reconciliation' across Sydney Harbour Bridge and similar bridge walks are held in other capital cities and towns throughout Australia. 2001 The Aboriginal Land Rights Act 1983 (NSW) is amended. The focus of the amendments is on improving the governance of the New South Wales and Local Aboriginal Land Councils.

2004 The New South Wales Government announces a major review of the Aboriginal Land Rights Act 1983 and appoints a Review Task Force with representatives of the New South Wales Aboriginal Land Council, the Office of the Registrar and the Department of Aboriginal Affairs. Mount Grenfell Historic Site is handed back to Aboriginal owners for joint management with the NSW Government. 2005 The Aboriginal Land Rights Act Review Task Force presents two discussion papers for community consultations: Issues Paper 1: Review of the Land Dealings Provisions (August) and Issues Paper 2: Structure, Representation, Governance and Benefits (November) 2006 Gulaga National Park is handed back to Aboriginal owners for joint management with the NSW Government. The NSW Government passes the Aboriginal Land Rights Amendment Act 2006 (NSW). Its aim is to further improve the structure, representation and governance of the Aboriginal Land Council network and to empower Aboriginal Land Councils to provide a range of benefits to Aboriginal people living in NSW. Biamanga National Park is handed back to Aboriginal owners for joint management with the NSW Government. 2007 Worimi Conservation Lands are handed back to Aboriginal owners for joint management with the NSW Government.

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Reference Source http://www.oralra.nsw.gov.au/resourceshistory.html

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