On 1 May 2024, I raised concerns over the proposed transfer of ‘unallocated state lands’ at Toobeah, under the Aboriginal Land Act 1991 (ALA), in a Question on Notice (QON) to the Resources Minister.

I asked what steps had been taken to ensure the Toobeah community were included in the decision-making process and how the transfer would impact the town’s access to its water facilities and recreational areas.

I also asked how many other towns were currently the subject of land transfer applications in Queensland.

The Minister’s response was that “broad community consultation” is NOT required under the ALA (based on NT’s Land Rights Act), but that 15 other towns have had freehold land transfer applications lodged against town lands, although the towns themselves were not named.

This caused quite a stir at the time, with many media outlets slamming Labor for the overly-secretive nature of these land transfers, ALL of which are done by ‘Ministerial Declaration’, completely outside the usual Parliamentary or Judicial processes.

Since then, it seems the Minister has had a change of heart

At the recent Estimates hearings, he provided a full list of all 15 towns facing land transfer applications under the ALA.  They include:

1. Augathella (pop 328);

2. Boonaroo (pop 371);

3. Croydon (pop. 215);

4. Duchess (pop. 53);

5. Eurong, Fraser Island (pop. 11);

6. Happy Valley, Fraser Island (pop 152);

7. Laura (pop. 133);

8. Maryborough (pop. 15,287);

9. Mount Isa (pop. 18,317);

10. Rainbow Beach (pop. 1220);

11. River Heads (pop. 2044);

12. Roma (pop. 6,838);

13. Thargomindah (pop. 243);

14. Theodore (pop. 451); and

15. Toobeah (pop. 149).

The Minister also confirmed that since 1991, an astonishing 6.7 million hectares have been “transferred over to freehold Aboriginal lands” under the ALA.

The important thing to understand about these ALA land transfers, is that they have NOTHING whatsoever to do with Native Title determinations.

Under non-exclusive Native Title rights, Aboriginal groups cannot shut down parks, beaches, four-wheel drive tracks, fishing and other public access areas.

As the Courier Mail told the public reassuringly after the ‘landmark’ Kabi Kabi determination over 365,000 hectares of land on the Sunshine Coast:  “When an Aboriginal group holds non-exclusive native title rights, that group cannot tell the public to “get off the land”. They cannot control who can access the land.”

That is NOT remotely true of an ALA land transfer.

ALA land transfers are an actual grant of freehold land, with all the same rights as ordinary freehold, except it can’t be sold.

Which means the Land Trusts and Aboriginal Corporations that hold the land in trust, 100% CAN, and will, control access to that land, and its future use.