King Edward Park: document reveals government planned for land claim approval
AN INTERNAL “communication strategy” prepared by the Baird government states that an Aboriginal land claim over the former Newcastle Bowling Club site has been given the go-ahead by the department, potentially paving the way for the construction of a controversial function centre on the land.
The Newcastle Herald can reveal that the Department of Industry prepared a draft communication strategy for the King Edward Park Headland that stated the investigation into the Awabakal Land Council’s 2012 land claim over the site was complete and that it had been recommended for approval to the Minister.
The strategy was “based on the claim being granted” and includes a draft media release that states the site “will be transferred as freehold land to the Awabakal Local Aboriginal Land Council”.
When asked about the document by Greens upper house MP David Shoebridge on Wednesday the Minister for Primary Industries Niall Blair was quick to downplay its significance, saying the land claim “is still undetermined and has not come across my desk for final determination”.
But internal emails accessed by the Herald reveal the department was keen to have the claim finalised.
In December last year a Department of Primary Industries employee urged a colleague in the Aboriginal Land Claims division to “expedite” the processing of the claim because of a court decision that had “the consequence of potentially frustrating a project development agreement between the State and a developer”.
“The State is managing the land and need certainty about the land claim before future management of the land can be properly considered,” the employee wrote.
The internal communication strategy does not have a date, and the Department did not answer questions about when it was written. However the document was handed over to a member of the community after a freedom of information request in July this year.
It includes a “communications action plan” and comments on likely arguments against the decision by the Friends of King Edward Park, the activist group that halted the Stronach Group’s proposal for a function centre on the land after a Land and Environment Court judge agreed with it that the council approval for the project was invalid.
It also includes a comment stating there was “nothing to stop” the developer going ahead with its proposal with Awabakal.
But on Wednesday a Department of Industry spokesman said the strategy was only “framed around the granting of the Aboriginal land claim as one possible outcome”.
“No decision has been made on the Aboriginal land claim and it is still going through the assessment process,” he said.
A provision in the Lands Right Act allows the Minister to partially grant land claims with a “covenant or easement or in any other form”, and in Question Time on Wednesday Mr Shoebridge and sought a commitment from the government that if the claim was granted it would contain a caveat to maintain public access to the land.
“We need a commitment from the Minister that, whatever the result of the Aboriginal land claim over King Edward Park, public access and public recreation will be maintained,” Mr Shoebridge said.
“There is nothing at all inconsistent with granting the land claim and maintaining a clear public right to access.
“This is exactly what happens when land claims are approved on beaches and coastal reserves.”