Families have been left on the streets after they were evicted from three flats in Carrington on Monday, on land they say is sacred to Aboriginal people.
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Occupants living at the property were given 15 minutes to get out of their homes this morning, with the Awabakal Local Aboriginal Land Council claiming the families owe thousands of dollars in rent.
The dispute has been ongoing since 2019. The occupants claim they have the right to the land after it was passed down to them by their elders that have died.
But the council says some of the occupants are not eligible to be in the flats as they are not an active and current member of the council, and rent in excess of $67,000 is overdue.
Warren Towers is a resident of one of the flats who has been left on the street. He is angry and confused, alongside his family after being evicted.
He said the council has told them the property is no longer in anyone's name after their elders died, as there was no formal will passing the property down to the family.
"Nan Dates died here in flat two. Just because she didn't leave a will and say in it that she passes it down to her daughter they say we don't own it. But we are blackfellas, we don't write a will. Instead she said it verbally telling her daughter that she passes it down to her. But just because it wasn't done the white man's way they are claiming no one owns it because she didn't leave a will to pass it down," he said.
"She couldn't even read or write, so how does she write a will? She had 51 grandchildren, 207 great-grandchildren, and she passed this place down."
Aunty Theresa Dargin said the property was sacred land for the Dates mob.
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"Eight generations were born here on country, the longest ever, so this is very hard for us and this land has spiritual significance to us," she said.
"It is an Aboriginal issue which should never have been brought to any non-Indigenous law, because our laws are not on paper, we haven't written down any policies or legislations. So spiritual law, which is our practices, is different. Because these houses are on land that were occupied for many years, they can come and take their homes but they can't take the land."
The community is protesting out the front of the property, camping out in tents until they are offered a resolution.
"If anyone breaks into the property the police will get involved and people will get charged, but the family are now thinking it is a good idea because that will mean they will be able to get in front of a judge that will actually listen, because no one is listening to us," said Aunty Theresa.
"It is disrespect on the ancestors, but obviously no one cares. But the next generation is all that matters to me too. I have got a granddaughter seven months old and my daughter rang me earlier crying asking what will happen with her, will she have to go through this pain too."
"Since 2019, ineligible occupants in two of three properties at Carrington have failed to contribute, which has jeopardised the program by denying other Aboriginal community members the opportunity of a home," a spokesperson said.
"Eviction remains a last resort, it is not something the ALALC takes lightly and only occurs after a tenant or occupant has the right of appeal to an independent body. However, if occupants are ineligible or refuse to pay contributions, Local Aboriginal Land Council's and Housing Providers are left with little choice, to ensure the future of housing programs and the communities they provide for."
But Mr Towers said he does not owe any money as he has not been given a lease.
"We don't pay rent and we don't owe one cent because they will not give us a lease," he said.
"90 per cent of blackfellas don't own their own house, probably more. If anyone dies they pass it down. They won't understand that and it is in their policy to do that.
"When we address them and ask them why they are doing this, they won't give us anything or any answers. We have asked for a lease for our kids at least because we are doing the right thing.
"We don't do drugs, we don't make any trouble, we are not criminals.
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