Kenbi Land Claim settled after 37 years

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

Sunset on Bare Sand Island, part of the Kenbi claim. Picture: Helen Orr

THE Kenbi Land Claim, one of the longest and most hard-fought battles in Aboriginal land rights history, has been settled after 37 years.

About 52,000 hectares of the Cox Peninsula, adjacent to Darwin, will be transferred to a small number of Larrakia traditional owners for the apparent benefit of the wider Larrakia people.

Today’s announcement marks an agreement between the Commonwealth Government, the Territory Government, traditional owners and the Northern Land Council as to the terms of the hand back.

Chief Minister Adam Giles called the settlement historic and 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.”

The Territory government will keep control of the fertile intertidal zone of the peninsula for the benefit of fishers.

As compensation, it will relinquish condition-free land at the East Arm Logistics Precinct for the Larrakia Development Corporation and the site of the old Retta Dixon home at Karu Park.

Importantly, an as-yet determined Aboriginal-owned entity will have first right of refusal on a future land release at Farrar West.

The details have not pleased all Larrakia families. Negotiations have been so tense and divisive, today’s announcement was kept secret to the last moments to avoid an embarrassing protest outside the press conference.

Northern Land Council CEO Joe Morrison said he is aware that not all will be pleased with the settlement.

“I do acknowledge that the settlement does not have the support of all Larrakia families,” he 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.”

Some believe they should have been recognised as the land’s traditional owners and not the six individuals from the Tommy Lyons group as ruled by Aboriginal Land Commissioner Justice Peter Gray in 2000.

Senior Larrakia man, Eric Fejo, said: “One of the key Larrakia families, the Fejo family, will not be signing off on any Kenbi Land Claim offer.

“Senior Larrakia traditional owners from our family have not been listened to.

“Elders from our family have been involved with this land claim for the last 40 years. Until our concerns are being taken into account, any settlement offer will not be valid.”

The Kenbi claim was lodged on March 20, 1979 and immediately hit legal and legislative barriers in the form of the Territory Parliament.

The Cox Peninsula was seen as the natural extension of Darwin as it grew into a metropolis. As a pre-emptive attack, the government extended Darwin’s town boundaries before the claim was lodged.

As claims under the Land Rights Act (NT) could not be lodged over existing settlements, this was supposed to have the effect of stopping the claim before it began.

But the Larrakia and Northern Land Council fought the government’s decision.

In 1988 Justice Howard Olney ruled against the government, finding its “sole reason” for the planning regulations, which extended to other parts of the NT beyond the Cox Peninsula, was to block land claims.

More battles followed as the government tried to disprove traditional ownership.

Speaking to the NT News recently, former Chief Minister Marshall Perron said it was the government’s duty to test the traditional owner claims.

All up, the Kenbi Land Claim saw three Federal Court hearings, two High Court hearings and two extensive Aboriginal Land Commissioner hearings until Justice Gray’s decision in 2000.

In 2011 parties agreed 15,000 hectares should be retained exclusively for the purpose of a new suburb or town for potentially thousands of people.

Traditional owners will have no right of mining veto under this parcel of land and the Territory government will have powers of acquisition.

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