The NSW Government has granted an Aboriginal land claim that will see a large parcel of Crown land near Mudgee returned to the local Aboriginal community.
The Mudgee Aboriginal Land Council will take ownership of the 30.44-hectare plot of land at Menah, about 9 kilometres north-west of Mudgee. The site was formally a travelling stock reserve that is no longer being used. The area is now predominately open grassland with ample tree cover.
The land will be returned as freehold land to Mudgee Local Aboriginal Land Council, which will assess the land to determine future use.
Under the Aboriginal Land Rights Act 1983, the NSW Aboriginal Land Council and Local Aboriginal Land Councils have a right to lodge land claims on Crown land.
Land claims must then be assessed against non-discretionary statutory criteria in the Act, including whether the land was lawfully used or occupied at the time of the claim, or was needed for an essential public purpose.
If the land is found to be lawfully used, occupied, or likely to be needed for an essential public purpose, the land claim will be refused. All refusals are subject to a 4-month appeal period.
If a land claim is granted, the Crown land is transferred as freehold land to the ownership of the claimant land council.
The Act recognises the impact of past government decisions and provides a system by which unused Crown land could be returned to Aboriginal ownership.
Mudgee Aboriginal Land Council chairperson Aleshia Lonsdale said:
“We are really excited to get out on the land and see what is there. We will conduct walk throughs to see if there are important cultural and heritage sites present. We already have some ideas about what we could do, including tree planting and cultural activities.
“The site is very accessible which means we will be able to get our elders and young people to practice country and stay connected. It’s so important our mob can get back on country, and successful land claims like this help with that.”
Minister for Lands and Property Steve Kamper said:
“I am pleased to see this large plot of land near Mudgee returned to the local Aboriginal community, who will care for and protect it.
“This is great outcome for the local community and another example of how we can deliver positive outcomes in the spirit of the Act.”
Minister for Aboriginal Affairs and Treaty, David Harris said:
“For more than 40 years the Aboriginal Land Rights Act has granted the NSW Aboriginal Land Council and Local Aboriginal Land Councils the right to lodge land claims on Crown land.
“If a land claim is granted, the transfer of unused Crown land to land councils can support economic, social, cultural and environmental outcomes for Aboriginal communities, which are key outcomes for closing the gap.”
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