❓ Question regarding the current status and future use of Reserve 43131, formerly the Swan Valley Nyungar Camp, and the rights of Aboriginal people in relation to the land. The Minister's response indicates no intention to allow residential use and highlights past consultations.
AnsweredQoN 946Legislative Council
QuestionView source ↗
In July 1994, Reserve 43131 was vested for the
designated purpose of 'Use and Benefit of Aboriginal Inhabitants'. The Reserves (Reserve 43131) Act
2003 was assented to on 12 June 2003, nearly 11 years ago, which led to the closure
of the Swan Valley Nyungar Camp shortly after. On 25 June 2013, a Select
Committee into the Bill was established, an unusual move as the Bill had, at
that time, already become law. The
majority of the Select Committee, headed by the then former Attorney General
Peter Foss, did not find sufficient evidence of continuing abuse of children
at the camp. The Act contains a sunset clause and is no longer current law. Nyungar
people are now campaigning to reopen the camp, and I ask: (a) what
is the current status of Reserve 43131 and its vesting; (b) did
the expiry of the Act, due to the sunset clause, restore the rights or
relationship of the Swan Valley Nyungah Community regarding that site; (c) has
the Minister or the department received any requests to reopen the Reserve
43131 for settlement by Aboriginal people; (d) what
conditions have to be met prior to the new settlement of Aboriginal people on Reserve
43131; (e) what actions do the Minister or the department undertake to facilitate such settlement; (f) what
are the barriers for opening Reserve 43131 for habitation by Aboriginal people; (g) what
is the status of the then Management Order for the Reserve under the Land
Administration Act 1997 ; (h) what
is the relationship of the Aboriginal Affairs Authority with the Reserve; (i) does
the Minister support the provision of shelter for Aboriginal people on the
Reserve 43131; (j) does
the Declaration of a Planning Control
Area 102 (File 835/02/18) as gazetted on 29 June 2012, page 2982, to allow the future reservation of the lands
for parks and recreation conflict with the vesting of the Reserve in 1994: (i) if yes to (j), how does the Minister intend to resolve this conflict; and (ii) if no to (j), why
not; (k) did
the Minister facilitate or ensure consultation with Aboriginal people prior of
the gazetting of the Planning Control
Area 102; and (l) will
Aboriginal people determine the future of Reserve 43131?
designated purpose of 'Use and Benefit of Aboriginal Inhabitants'. The Reserves (Reserve 43131) Act
2003 was assented to on 12 June 2003, nearly 11 years ago, which led to the closure
of the Swan Valley Nyungar Camp shortly after. On 25 June 2013, a Select
Committee into the Bill was established, an unusual move as the Bill had, at
that time, already become law. The
majority of the Select Committee, headed by the then former Attorney General
Peter Foss, did not find sufficient evidence of continuing abuse of children
at the camp. The Act contains a sunset clause and is no longer current law. Nyungar
people are now campaigning to reopen the camp, and I ask: (a) what
is the current status of Reserve 43131 and its vesting; (b) did
the expiry of the Act, due to the sunset clause, restore the rights or
relationship of the Swan Valley Nyungah Community regarding that site; (c) has
the Minister or the department received any requests to reopen the Reserve
43131 for settlement by Aboriginal people; (d) what
conditions have to be met prior to the new settlement of Aboriginal people on Reserve
43131; (e) what actions do the Minister or the department undertake to facilitate such settlement; (f) what
are the barriers for opening Reserve 43131 for habitation by Aboriginal people; (g) what
is the status of the then Management Order for the Reserve under the Land
Administration Act 1997 ; (h) what
is the relationship of the Aboriginal Affairs Authority with the Reserve; (i) does
the Minister support the provision of shelter for Aboriginal people on the
Reserve 43131; (j) does
the Declaration of a Planning Control
Area 102 (File 835/02/18) as gazetted on 29 June 2012, page 2982, to allow the future reservation of the lands
for parks and recreation conflict with the vesting of the Reserve in 1994: (i) if yes to (j), how does the Minister intend to resolve this conflict; and (ii) if no to (j), why
not; (k) did
the Minister facilitate or ensure consultation with Aboriginal people prior of
the gazetting of the Planning Control
Area 102; and (l) will
Aboriginal people determine the future of Reserve 43131?
AnswerView source ↗
Answered
6 May 2014
Responded by
Minister for Mental Health representing the Minister for Planning
Response time
49 days
(a) Reserve 43131 is a Crown reserve for the purpose of 'Use and benefit of Aboriginal inhabitants' and is held under a Management Order issued on 19 December 2005 under the
Land Administration Act 1997
to the Western Australian Planning Commission.
(b) No
(c) Yes
(d) There is no intention for Reserve 43131 to be utilised for residential purposes.
(e) Not applicable
(f) Not applicable
(g) The Management Order held by the Swan Valley Nyungah Community Aboriginal Corporation was revoked by section 4 of the
Reserves (Reserve 43131) Act 2003.
The Management Order held by the Aboriginal Affairs Planning Authority pursuant to section 5 of that Act lapsed upon the expiry of the Act, whereupon a Management Order was issued to the Western Australian Planning Commission on 19 December 2005.
(h) Assuming the Member means the Aboriginal Affairs Planning Authority, the answer is nil.
(i) No
(j) No
(i) Not applicable
(ii) There is no land use conflict between land being reserved under the
Land Administration Act 1997
for 'Use and benefit of Aboriginal inhabitants' and a Planning reservation for Parks and Recreation.
(k - l) Consultation with Aboriginal people on the future use of the site took place as part of the preparation of the Korndin Kulluch plan.
Land Administration Act 1997
to the Western Australian Planning Commission.
(b) No
(c) Yes
(d) There is no intention for Reserve 43131 to be utilised for residential purposes.
(e) Not applicable
(f) Not applicable
(g) The Management Order held by the Swan Valley Nyungah Community Aboriginal Corporation was revoked by section 4 of the
Reserves (Reserve 43131) Act 2003.
The Management Order held by the Aboriginal Affairs Planning Authority pursuant to section 5 of that Act lapsed upon the expiry of the Act, whereupon a Management Order was issued to the Western Australian Planning Commission on 19 December 2005.
(h) Assuming the Member means the Aboriginal Affairs Planning Authority, the answer is nil.
(i) No
(j) No
(i) Not applicable
(ii) There is no land use conflict between land being reserved under the
Land Administration Act 1997
for 'Use and benefit of Aboriginal inhabitants' and a Planning reservation for Parks and Recreation.
(k - l) Consultation with Aboriginal people on the future use of the site took place as part of the preparation of the Korndin Kulluch plan.
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