Council set to ‘transfer’ North Lismore Plateau ‘Sleeping Lizard’ land back to traditional Indigenous owners
A longstanding dispute over a sizeable parcel of North Coast council-owned land is inching closer to ending with a handover to traditional Indigenous owners. Here’s what happened.
Regional News
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A longstanding dispute over a 37 hectare parcel of North Coast council-owned land is inching closer to ending with a handover to traditional owners.
An amended resolution to “transfer” the sizeable plot was passed 8-3 during Lismore City Council’s June ordinary meeting this week.
The North Lismore Plateau remains a contentious issue exacerbated by developers who first sought a $30 million, 742-residential lot subdivision of “Sleeping Lizard Hill” in May 2021.
The development is currently before the Land and Environment Court after being rejected by both Lismore Council and the Northern Regional Planning Panel in December 2022.
Former mayor Vanessa Ekins was part of the previous Lismore council which voted in favour of a resolution in October 2021 to return the parcel of land to the Indigenous Widjabul Wiabal people.
“When the DA came through for housing that’s when the last council made the decision to hand over some of the council-owned land there to traditional owners,” Cr Ekins said in the chambers on Tuesday.
“At that time, it was felt the Native Title process for the Widjabul Wiabal people was underway and since then the Native Title determination has come down and the Widjabul Wia-bal Gurrumbil Aboriginal Corporation has been formed and they are able to hold and manage land on behalf of Widjabul Wia-bal.”
The land is adjacent to the two proposed housing developments at the lower reaches of the plateau, which includes an area of environmental conservation and the old quarry site.
A development DA is on public exhibition with the council until July 5 and Land and Environment Court hearings have been scheduled for August 13.
Known as the “Sleeping Lizard Hill” to the Widjabul Wiabal people, the plateau contains six culturally significant sites as well as high conservation value vegetation.
“That’s why we’re here, to clarify they are the people that council will transfer that land to,” Ms Ekins said.
Council sought to clarify the previous resolution around wording of “handing back” land and “due diligence” in respect to the Widjabul Wia-bal Gurrumbil Aboriginal Corporation.
The registered native title body corporate (RNTBC) holds native title on trust for Widjabul Wia-bal.
The council’s chief operating officer Brendan Logan said some of the wording and terminology, albeit well intentioned, could not be used in the transaction.
“We can’t “hand (anything) back”, but we can transfer,” Mr Logan said.
He said amendments were to ensure council could protect both the interests of the council and the native title body.
“This was putting some sensible changes to the amendment to facilitate something that council had already decided to do,” Mr Logan said.
Cr Rob and Cr Hall aired concerns about land going to the “right group”, while Cr Jensen said some parties were not in agreement or hadn’t been considered.
“There was some conflict in terms of which group was appropriate to negotiate with these things and that they had to have a legal entity in terms of transferring the land,” Cr Hall said.
“How do we know we are actually targeting the appropriate group and the appropriate elders?”
Mr Logan said there were numerous Indigenous groups and the council proposed to work with the most recently registered body corporate – the corporation
Cr Rob said the corporation was the recognised body for the Federal claim and its solicitors had nothing to do with what was happening at a local government level.
“They’re not the body that are going to take it, they don’t have a claim, that’s why it shouldn’t be called a “hand-back” because that implies they have a right to take it,” he said.
He told the meeting the land changing hands could “cause chaos” in the community
“They’re getting the land for a dollar and it’s worth a fortune,” Cr Rob said.
Cr Rob raised concerns of an unmapped mine and unexploded detonators in the area and that the council could end up being held liable for incidents.
Mr Logan said the council expected those taking the land to understand the risks and opportunities.
Councillors Colby, Jensen and Hall wanted to take the motion to a workshop to “iron out” concerns, but councillors Guise, Gordon, Cook, and Bird all voted in favour.
Cr Andrew Gordon said the decision was “very complicated” for the council to manage.
“It kills me how this just goes round and round and round,” he said.
“How about we just move forward?”
Cr Darlene Cook said land passed on would be “in trust for the entire community” which was a “very important point”.
Cr Bird said: “It’s not often I agree with councillor Gordon wholeheartedly in this chamber, but tonight I do,” Cr Bird said.
“If we delay it we risk doing incredible damage to very fragile relationships we have in this community.”
Voting in favour were councillors Cook, Guise, Gordon, Hall, Bird, Ekins, Bing and Krieg,
Councillors Jensen, Colby and Rob voted against.
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