Crown land handed back to Indigenous ownership

More than 12 hectares of Crown land at Anna Bay in NSW will be returned to Worimi ownership following successful Aboriginal land claims.

The Department of Planning, Housing and Infrastructure has granted four claims and partially granted three others lodged by the Worimi Local Aboriginal Land Council over 12.51 hectares of urban bushland and sand dunes near Birubi Beach.

Crown Lands Executive Director of Aboriginal Land Strategy Michael Ramalli said the Land Rights Act recognised the impact of past government decisions which resulted in the amount of land set aside for Aboriginal people progressively reduced without compensation.

“This is an example of NSW Government upholding our responsibilities to the Aboriginal community under this piece of legislation,” he said.

Worimi Local Aboriginal Land Council operates a number of successful businesses, including Sand Dune Bike Tours. This land claim provides further access to land on the northern sand dunes already owned by the land council, creating new opportunities for cultural, social and economic benefits.

Maintain spiritual and cultural connections

“The transfer of this land will allow the local Aboriginal community to maintain their spiritual and cultural connections to these important bushlands and dunes for generations to come,” Member for Port Stephens Kate Washington said.

“I recognise and thank the Worimi Local Aboriginal Council for their steadfast commitment to securing legal recognition of the spiritual, social, cultural and economic importance of these lands to the local Aboriginal community.”

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.

Once lodged, land claims must 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 is refused. If a land claim is granted, the Crown land is transferred as freehold land to the ownership of the claimant land council.