Historic NT Kenbi land deal sealed after 37 years

AFTER 37 years, three Federal Court hearings, two High Court hearings and two extensive hearings in front of five land commissioners, the most complex and hard-fought land claim in the history of Aboriginal land rights has been settled

The Kenbi Land Claim, one of the longest and most hard-fought battles in Aboriginal land rights history, has been settled after almost four decades - three of the four surviving traditional owners are known as the Tommy Lyons group L to R Zoe Singh, Raylene Singh, chairman of the Northern Land council Samuel Bush and Jason Singh. #### Sisters could not stand next to their brothers due to cultural law #####

AFTER 37 years, three Federal Court hearings, two High Court hearings and two extensive hearings in front of five land commissioners, the most complex and hard-fought land claim in the history of Aboriginal land rights has been settled.

Chief Minister Adam Giles, Northern Land Council chief executive Joe Morrison and Indigenous Affairs Minister Nigel Scullion yesterday announced the terms of the Kenbi Land Claim had been finalised and the deeds to about 52,000 hectares of government land on the Cox Peninsula would be returned to Aboriginals.

Mr Giles called the day historic and said the settlement was the result of a lot of hard work by those involved.

“Thirty-seven years is a long time for the land claim,” he said. “I do think the stars have aligned — there’s been a lot of processes along the way — but I wanted to make sure it was something I sought to do while I was Chief Minister to get the final resolution.”

Included in this is 13,000 hectares — about the same size of the municipal region of Darwin — at the north of the peninsula which will be issued as Territory freehold and become a series of suburbs.

About a fifth of this will go to the Larrakia Development Corporation, an entity despised by some families and not recognised by others.

The claim was lodged on March 20, 1979 and survived 21 years and $20 million of Northern Territory Government legal and legislative attacks until Aboriginal Land Commissioner Justice Peter Gray ruled six individuals of the Tommy Lyons group had proven traditional ownership to the land.

Justice Gray made clear the land should be handed back for the wider benefit of the Larrakia people of the Top End, then some 1600 people.

It could be assumed most of this number wanted the land settled, but to who and under what terms had so divided families it took 16 years since Justice Gray to get to yesterday’s announcement.

For many yesterday was a day of triumph, for others another day of robbery.

So angry were some Larrakia factions and families the announcement had to be kept secret lest it be marched down.

“I do acknowledge that the settlement does not have the support of all Larrakia families,” NLC chief Joe Morrison said.

“Their misgivings have focused mainly on the land commissioner’s findings as to who are the traditional owners and that matter has been a source of dispute among some of the Larrakia families to this day.

“I want this day to be an occasion for celebration in spite of the reservations held by some of the Larrakia people.”

Complicating matters in the intervening years after Justice Gray’s ruling was the Blue Mud Bay decision of 2008, which determined Aboriginal land included the fertile intertidal zone of coastal waters.

The terms offered by Mr Giles and accepted by traditional owners and Mr Scullion, mean the government will keep the intertidal zone for the benefit of fishers and campers.

As compensation, the government will hand over condition-free land valued at more than $6 million at the East Arm Logistics Precinct to the Larrakia Development Corporation and the site of the old Retta Dixon home at Karu Park.

An Aboriginal-owned entity will have first rights of refusal on a deal to partner the government in future land releases at Farrar West.

While Territory businesses will be offered government incentives to partner with Aboriginal-owned organisations on other developments around Darwin.

The town of Mandorah and other small areas of the peninsula are not affected by the hand back, but the claim takes in reefs and islands — including Dum In Mirrie, Turtle, Grose, Quail and Indian.

Dozens of squatters have dodged being forcibly evicted, but not occupancy agreements, to be managed by the Northern Land Council.

.

KENBI LAND CLAIM HISTORY

.

December 1978: The first Territory government amends town planning regulations to expand Darwin’s boundaries to incorporate the Cox Peninsula, legally quashing the Kenbi claim before it could even be lodged.

March 20, 1979: Traditional owners and the Northern Territory Land Council lodge the claim nevertheless.

1988: Justice Howard Olney rules the “sole reason” for the planning regulations was to dodge land claims. The fight moves to proving and disproving traditional ownership.

December, 2000: Aboriginal Land Commissioner Justice Peter Gray found six Larrakia people from the “Tommy Lyons Group” were traditional Aboriginal owners of the land.

July 2008: Blue Mud Bay decision.

November, 2011: Parties agree about 15,000 hectares should be held as Territory freehold for the expansion of Darwin.

1976 to present: Larrakia families disagree as to the traditional ownership of the Cox Peninsula and to the terms offered by governments.

April 6, 2016: Terms settled.