When one drives into Yarrabah Aboriginal Shire, one is almost entering into another country wherein:
1. there is a persisting Aboriginal society with their own system of law daily acknowledged and observed by a predominantly Aboriginal population (note the Federal Court determinations to this effect)
2. there is a peculiarly Aboriginal local government which, unlike any other non-Aboriginal local government in Queensland, is both
LAND LORD of almost all that you can see in the photo below: ie it has a trustee 'face'
LAND MANAGER of all that you can see in the photo below ie it has a local authority 'face'
1. there is a persisting Aboriginal society with their own system of law daily acknowledged and observed by a predominantly Aboriginal population (note the Federal Court determinations to this effect)
2. there is a peculiarly Aboriginal local government which, unlike any other non-Aboriginal local government in Queensland, is both
LAND LORD of almost all that you can see in the photo below: ie it has a trustee 'face'
LAND MANAGER of all that you can see in the photo below ie it has a local authority 'face'
Over recent days visiting this other country and observing some possible emerging tensions between residents and the Aboriginal Council, I've noted
1. questions are being raised about the extent to which the planning scheme has actually been produced by this Aboriginal society's elected representatives in accordance with the local Aboriginal system of law??
2. questions are being raised about the extent to which the statutory plans genuinely strive to accommodate the local Aboriginal system of law or, alternatively, may be running in conflict with the laws and society
Further, today, questions were being raised around the extent to which Indigenous Land Use Agreements signed by the local Aboriginal Shire Council may be truly binding upon the Council where a Mayor:
- signing as a member of the local Aboriginal society may NOT in itself be binding in approving planning schemes?
- signing as a landlord [trustee]of the Aboriginal Shire may NOT be binding in approving this planning scheme??
- signing as a land managers[local government act] of the Aboriginal Shire WOULD be binding in approving this scheme???
What is clear is that the Aboriginal residents and landholders I am assising believe the ILUA's (including particularly the Yarrabah Local Government ILUA) ARE legally binding on the Council and that the Council CAN NOT approve a statutory planning scheme inconsistent with those ILUAs.
The draft planning scheme itself provides little guidance or almost no reassurance in relation to this matter saying that while it has been prepared to regulate future development (including for native title lands):
" Nothing in this planning scheme is intended to diminish or extinguish Native Title, Nor does the planning scheme affect or alter any ILUA in place for Yarrabah. "
Again it is perhaps fortunate the State could have contracted RPS to undertake an expert review of the draft scheme and potentially confirm and/or advice the Council that the ILUA's signed by the Council are legally binding and that the Council must not approve any planning scheme provisions significantly different in effect to that agreed in the ILUA's
It was a little bit of a worry, when undertaking my own brief review, to discover at least one of these ILUA's was signed by the Mayor of the Yarrabah Aboriginal Shire Council on the 1st of April, ie April Fools day!!
The draft planning scheme itself provides little guidance or almost no reassurance in relation to this matter saying that while it has been prepared to regulate future development (including for native title lands):
" Nothing in this planning scheme is intended to diminish or extinguish Native Title, Nor does the planning scheme affect or alter any ILUA in place for Yarrabah. "
Again it is perhaps fortunate the State could have contracted RPS to undertake an expert review of the draft scheme and potentially confirm and/or advice the Council that the ILUA's signed by the Council are legally binding and that the Council must not approve any planning scheme provisions significantly different in effect to that agreed in the ILUA's
It was a little bit of a worry, when undertaking my own brief review, to discover at least one of these ILUA's was signed by the Mayor of the Yarrabah Aboriginal Shire Council on the 1st of April, ie April Fools day!!