New State land title plan

THE Gallop Government is considering proposals for a new type of Aboriginal land title in a bid to empower land councils to promote local development.

Details of the proposal are disclosed in a consultation paper that has been circulated to several key stakeholder groups by the Department of Planning and Infrastructure.

Recipients include the WA Chamber of Minerals and Energy, the Association of Mining and Exploration Companies, the Law Society, the National Native Title Tribunal, and land councils.

The paper’s cautious wording suggests it was compiled to act as a catalyst for debate, and hopefully lead to the devising of options for Aboriginal land councils, whose primary untapped source of wealth is their extensive land tracts.

To overcome reluctance of financial institutions to accept the new title as security against mortgages and other investment loans, the compilers flag “the prospect of developing a form of Aboriginal-based banking and lending facilities”.

 “The proposal involves the creation of a new category of Crown land specifically to give Aboriginal people the opportunity to meet their diverse and unique needs,” the paper says.

“The proposed features are designed to reflect those elsewhere in legislation but packaged in such a way to both promote and protect the interests of Aboriginal people.

“At the same time, though, the intention is not to interfere with the existing interests of other stake-holders.

“The types of titles proposed together with the proposed features strive to achieve the flexibility sought.”

Six types of title are under consideration. Three envisage the creation of freehold title, one with and one without conditions and the third with non-transferability conditions, while three are non-freehold titles – fixed term leases, perpetual leases and specific purpose titles.

Despite highlighting these options, the paper is careful to tread a neutralist line by listing benefits and disadvantages of each option.

A source, who asked not to be identified, told WA Business News the paper was saying: “We are committed to doing something but we don’t know what it is and how to do it.

“If freehold is introduced it extinguishes Native Title, and if Native Title is retained by not permitting land transferability, then that’s not freehold,” the source said.

Although cautiously worded the paper seeks to pave the way for WA Aboriginal land councils to consider adopting practices used by a Northern Territory community or by several Canadian financial intermediaries.

The paper says: “Examples of Aboriginal based banking include:

• major banks in Canada having specialised facilities to cater for the specific financial needs of its Aboriginal people;

• the establishment of the Traditional Credit Union; and

• the Tangentyere Bank Project in the North Territory.”

William Tilmouth, chief executive of the Alice Springs-based Tangentyere Council, said it provided financial services to town campers through a Westpac agency located on its premises.

“In addition to cashing cheques, the agency allows clients to pay off debts to Tangentyere Council for low-value items and operates a food voucher system,” Mr Tilmouth said.

If these are not adopted the only other capital raising option would be Federal Government-backed Rural Transaction Centres “to provide small communities with basic banking, postal, Medicare and telecommunications facilities.”