The Kippa-Ring freehold/native title fiasco

Background:

When Noel Pearson and Kim Beazley say that freehold land is safe in Australia they are lying.

Not only are they lying but they know that they are lying.

They are blatantly deceiving an ignorant Australian population who are closeted by the mainstream media. Closeted  or kept in the dark to protect the undemocratic ongoing alliance between the media moguls and the mainstream political parties.

What makes the case we will use to prove this point worse is that the developers owning the freehold were given two options either accept the offer by the Indigenous Land Corporation (ILC) or be taken, with tax payers money, through every court in the land. Of course the developers agreed to part with the land. Now let us remember we are talking about FREEHOLD land here. Yes, that's right, FREEHOLD land, not pastoral or mining leases plain, simple, FREEHOLD land.

Now did you know that Noel Pearson was a signatory to the agreement signed following Mabo. An agreement between indigenous Australians and the white settlers confirming that native title could not be claimed over pastoral leases. Did you know that Kim Beazley was a member of Paul Keating's cabinet which drew up and ratified that "agreement" which Keating said extinguished native title on pastoral leases.

And then came WIK.

Noel Pearson now is going for broke over with native title claims over pastoral leases. And why shouldn't he? He has a legal firm..... this must be like the proverbial money tree, the $100 bills just fall off every time he shakes the native title debate a bit. Tax payers money.

And Beazley? Well he was in the Keating cabinet that covered up the fact that Carmen Lawrence would not be supported by her West Australian cabinet members over the Marks Royal Commission.

Today Beazley is the leader of the Opposition. He typifies a career politician, don't trust him as far as you can throw him.

This was a recent comment by Beazley in Parliament: "The Prime Minister wants to know what we think its chances of success are in the High Court - we think them nil."

The Ningi people have successfully "acquired" a freehold block of land using a loop hole in the law - enacted by the Labor Government under Paul Keating.

We have to thank Pauline Hanson's One Nation Redcliffe branch for the detective work in exposing this horrendous state of affairs.

Detail about the freehold land:

The freehold site claimed under section 9 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (the Commonwealth Act) is 5 acres in size. It is in a prime residential location in the Redcliffe Shire about forty minutes drive north of Brisbane.

The site, known as Lot 1 of RP 139809, was originally purchased in 1901 by the Clarke family. The present Clarke generation have confirmed that there was no positive evidence that a "Bora Ring" was situated on the site. (A "Bora Ring" is a location used by Aboriginal men in their initiation ceremony.) A Bora Ring was thought to have once existed in the vicinity before the turn of this century, its exact location was understood to be on what is now Klingner Road near the five acre property.

Redcliffe Council (who have spent about Au$10,000 in legal costs on this case) undertook an aerial survey of the land to try to substantiate the claims by FAIRA of a spiritual connection to this prime piece of land. Now you have got to understand FAIRA (the Foundation for Aboriginal and Islander Research Action) is a mystery body. Their web site has never been completed. Who are FAIRA? Well this is what their home page states:

"As Indigenous Peoples, the Aboriginal and Torres Strait Islander Peoples enjoy physical and spiritual connections to their land, waters and environment which cannot be substituted, extinguished or altered without ending their essence as Indigenous Peoples. These physical and spiritual connections are necessary elements of their life energy." 

Mystery but powerful - what I have been able to establish the following FAIRA's Brisbane phone number is (07) 3391 4677. Also that the General Manager of FAIRA Les Malezer (from Gubbi Gubbi country - Gubbi Gubbi country is north of Brisbane, yes, you guessed it, it includes the Shire of Redcliffe and the Sunshine coast). FAIRA called in the ILC who have the money to make an offer to "buy out" the freehold land owner using tax payers money. Of course the freehold land owner had little option but to accept a "market valuation" irrespective of their plans for land which met with council's regulations.

Despite the Redcliffe Council saying that there was no proof that a "Bora Ring" existed on the property the ILC was instructed by Senator Herron, the Coalition Minister for Aboriginal and Torres Strait Islander Affairs, to acquire the site. This move has cost the Redcliffe Shire an estimated Au$30,000 pa in rates and the local economy over Au$500,000 per annum (from new residents).

Now the problems arose when the ILC tried to acquire the property. Herron had a 30 day injunction slapped on the freehold property which had just been purchased by Dellmere Pty Ltd for Au$750,000 from the Roman Catholic Church trustees of the land who had acquired it from the Clarke's many years before. This stopped the developer's plans in their tracks.

Dellmere Pty Ltd were going to develop a residential site on the prime five acre block - hoever, they did not want to sell.

When FAIRA put their hand up and Herron slapped the injunction over the property the developers were given one of two options by FAIRA accept our offer or see us in court.... over the ownership of freehold land.

The offer that FAIRA, through the ILC, gave the developers was more than generous - Au$1,127,000 - but of course they weren't paying the tax payer was footing the bill. (A profit of over 50% in just a few weeks).

The intended use of the site is an Aboriginal Community Centre with accommodation to be built for aboriginal communities from off the Peninsula who are taking part in "Bora Ring" initiation ceremonies.

Supporting documentation:

Copy of letter written by Senator Herron (gif file)

Transcribed letter written by the Federal Member for Petrie, Teresa Gambaro

Summary:

What this case reveals is:

freehold land can be legally acquired from you by the Aboriginal industry - even if the spiritual reason is not confirmed - the threat of big legal bills is the incentive to agree.

if you want to remain on land covered by a Heritage Protection Order you will have to pay compensation to Aborigines to continue living on your freehold land!

the Redcliffe Council are unable to stop the proposed use of the site - as a Federal Order (thanks to the ALP) would override their powers.

Return to Australian National News of the Day