No federal funding for Redland council in native title case which covers cemeteries, ferry terminals, parks and even council chambers

A federal MP has stepped in to try to speed up a landmark six-year native title claim which covers more than 3500 Redland City Council properties, including the council chambers, a local tip, and the city’s arts centre. SEE THE FULL MAP

Federal Attorney-General Mark Dreyfus said funding for native title litigation for respondents was axed due to budget constraints.

A federal politician has stepped in to try to speed up a landmark six-year native title claim which covers more than 3500 Redland City Council properties, including the council chambers, a local tip, and the city’s arts centre.

Bowman MP Henry Pike has written to federal Attorney-General Mark Dreyfus asking the federal government to help pay for some of Redland council’s “mounting costs” in the ongoing litigation, which started in 2017.

His letter expressed concern over the lack of ownership clarity for council sites which include the Redland Performing Arts Centre and Smith Street Hall, the Cleveland Animal Shelter, the Birkdale Waste Transfer Station, a Boy Scouts hall in Birkdale, along with the Cleveland Cemetery, a dredge spoil pond at the contentious Toondah Harbour and the ferry terminal and breakwater at Redland Bay’s Weinam Creek.

Documents lodged with the Federal Court show the claim covers approximately 530 square kilometres, including most of the mainland Redland City local government area, along with Macleay, Karragarra, Coochiemudlo, and Lamb islands in southern Moreton Bay.

A map showing land under the native title claim in red with the circle around Redland City Council chambers in Cleveland. Graphic: Parliamentary Library

A map outlining the native title determination applications for Redland which shows the lots listed in Federal Court documents, includes land at the corner of Bloomfield and Middle St, Cleveland, the address of the council chambers.

The map also shows claims for land near the Toondah Harbour ferry terminal, around the Victoria Point ferry terminal, and the car barge ramp at Redland Bay.

Redland Bay’s Weinam Creek barge terminal is included in the native title claim.

Redland City Council said native title was extinguished at a proposed boat ramp at Redland Bay’s Weinam Creek and the claim would not affect plans to build a new ramp there.

Mr Pike said the federal government should extend funding to the council and to respondents in claims, as it does for claimants.

Redland City Council chambers are included in the Quandamooka native title claim.

He said the uncertainty over thousands of council properties made it difficult for the council to manage ongoing leasing agreements or plan future maintenance works.

“Approximately, 3500 council-owned or managed properties are included in the current native title claim,” Mr Pike said.

“While the Queensland government has advised that native title has been extinguished on approximately 1000 of those properties, there remains some 2500 council-owned or managed sites, including the council’s own chambers, where the Federal Court is to determine if native title has been extinguished or not.

Areas in red signify the native title claims in and around Victoria Point and Thornlands.

“Clear confirmation of the history and the native title status of each site will help ensure that there are no legacy issues or misunderstandings in the future.

“The fact that these questions are yet to be resolved continues to frustrate Redland City Council, the interests of ratepayers, and the rights of the Quandamooka people.

“The litigation continues to place unreasonable pressure on planning and land use certainty, and on the limited capacity of Redland City ratepayers and services.” he said.

But a letter from the Attorney-General refused to fund the council’s litigation and said the federal government had abolished a native title funding scheme for respondents, such as councils, to save money.

Cleveland Cemetery was one of the council-owned pieces of land in the native title claim. The letter from Attorney-General Mark Dreyfus.

Mr Dreyfus’ letter said the majority of federal legal financial assistance was for people who could not otherwise afford to pay for their legal costs.

His letter said axing the funding scheme for councils was a budget decision and would bring about savings of $6.4 million over four years with future annual savings of $1.8 million.

Redland City Council refused to comment on the Federal Court case or funding but its website said the claim did not include land in private or public freehold ownership, such as houses and businesses.

Properties which had major construction works prior to December 1996 would also not be subjected to native title claims.

However, the council website said there were still about 80 parcels of council land where it was unknown if native title had been extinguished.

An initial state government assessment of selective parts of the claim included about 1300 pieces of council owned or managed land and identified about 1050 properties where native title had been extinguished.

According to the Act, native title may be extinguished where there is evidence of a previous exclusive possession act, known as a PEPA.

A previous grant of tenure and or prior major public works, such as the building of roads, playgrounds, shelters and other buildings, were also likely to extinguish native title.

Quandamooka Yoolooburrabee Aboriginal Corporation was contacted for this story.

Originally published as No federal funding for Redland council in native title case which covers cemeteries, ferry terminals, parks and even council chambers