NEW QLD LAWS CREATE HISTORIC 99-YEAR HOUSING AND COMMERCIAL LEASES FOR INDIGENOUS COMMUNITIES

The Queensland Parliament this evening passed historic laws that will allow residential and commercial leases of up to 99 years in Queensland indigenous communities.

Natural Resources and Water Minister Craig Wallace said the land tenure reforms would assist indigenous Queenslanders to own their own homes on Aboriginal and Torres Strait Islander land.

They also will encourage economic development and help establish essential community infrastructure.

“The Bligh Government is planning for a better future for Queensland’s indigenous communities,” Mr Wallace said.

“These historic reforms hopefully will herald a new era,” he said.

“Reform of land tenure is a vital first step to fix the lack of housing and other community infrastructure in indigenous communities.

“Giving leases of up to 99 years for home ownership, public housing and commercial purposes will provide stability for families, communities and business.”

Around 32 indigenous communities are likely to benefit from the new laws, with Yarrabah, Palm Island and Hopevale likely to be first to introduce the new leases.

Reforms to the Land Act 1994 and the Aboriginal Land Act and Torres Strait Islander Land Act contained in the Aboriginal and Torres Strait Islander Land Amendment Bill 2008 are:

·Home ownership leases of 99 years with the ability to renew, mortgage and sell the lease.

·Leases up to 99 years for social housing projects. This will provide the necessary security to protect publicly funded housing and enable social housing projects to take full advantage of Rudd Government funding for housing development.

·Commercial development leases of up to 99 years, with communities able to enter into partnerships with project proponents.

·DOGIT land defined as ‘transferable’ currently includes community townships and community assets such health facilities, schools and dams. In most cases it is not practical or appropriate to transfer the land while it is used for those purposes. The reforms allow particular ‘transferable’ lands to be declared ‘non-transferable’, which will assist remaining land to be transferred.

·The Bill also provides for the compulsory acquisition of indigenous lands for essential infrastructure such as schools, police stations, community housing and hospitals. Currently a special Act of Parliament is required to compulsorily acquire indigenous land. The change will make both indigenous and non-indigenous lands subject to the same acquisition laws.

Mr Wallace said compulsory acquisition powers in the Bill had been amended during the debate after consultation with indigenous representatives.

“There was a perception by some stakeholders that the State Development and Public Works Organisation Act could be used to acquire indigenous land for large projects such as mining leases,” he said.

“To reassure those stakeholders, a government amendment removed references to that Act.

“Compulsory acquisition can only be used for a public purpose and not for a third party.”

Comprehensive manuals are being produced to assist trustees of indigenous land with information about leasing and conditions of leases and their roles and powers as trustees.

Guides are also being prepared for prospective home owners and lessees.

Training workshops also will be provided for trustees throughout the State.

Mr Wallace said the Bill, which was released as an Exposure Draft for public comment in November 2007, had received broad public support.

Media inquiries: Paul Childs, Craig Wallace’s office, on 0407 131 654.