Markets 
Weather 
It was hailed as a landmark land claim ruling: a prime slice of harbourfront real estate, home to a 79-year-old bowling club, returned to Aboriginal ownership.
But four years after taking control of the former Waverton Bowling Club site on Sydney’s lower north shore, the Metropolitan Local Aboriginal Land Council has faced an unexpected and costly reality: owning land does not mean being able to use it.
The once-bustling Waverton Bowling Club site on Sydney’s lower north shore was transferred to the land council’s ownership in 2022 following a successful Land and Environment Court challenge against the NSW government, which had argued the land was not claimable.
The ruling marked the first time an Aboriginal land council had secured a land claim within the North Sydney local government area.
Despite the victory, the land council says federal native title requirements have prevented it from accessing, developing, leasing or generating income from the site, while leaving it responsible for mounting maintenance and security costs.
“We’ve effectively inherited all the liability without any of the benefit,” Metropolitan Land Council chief executive Nathan Moran said.
“Land claims returned to Aboriginal land councils have a requirement no other landholder has – we are required to address native title under federal law, even though the land has already been granted to us by the court.
“It’s turned what should have been a significant ruling into a burden.”
The former bowling club, which closed in 2019 due to dwindling membership, had been managed by North Sydney Council before the ruling. In court, the council objected to the land claim, arguing the site had been lawfully used and was required for the essential public purpose of recreation.
Since the handover, the land council has been required under the Native Title Act 1993 to resolve any potential native title interests through a Federal Court process — despite the land being granted under the NSW Aboriginal Land Rights Act.
Moran said the process has taken more than two years to complete, during which time the land council has spent about $100,000 a year on fencing, building reports, structural assessments, security, maintenance and managing trespassers.
The site itself has deteriorated significantly. Moran said the building has suffered from termite infestations and structural failures, and is now beyond repair. A North Sydney Council report prepared before the 2022 ruling estimated $360,000 was required to bring the building up to safe standards.
“We’re having to pay for security, building reports, maintenance costs, dealing with trespassers, and people entering the site and treating it like a dog park,” he said.
“We inherit all the costs, but we’re frozen from using the land. That’s the reality of land rights.”
The state of the building site has also generated complaints from residents and community groups to North Sydney Council over safety hazards, including holes in fences, overgrown vegetation and trespassing.
The Waverton case is not isolated. The Sydney Metropolitan Land Council is waiting on Federal Court determinations for two other sites handed over in 2022: the historic Yasmar Estate in Ashfield and land within Talus Street Reserve in Naremburn, including its tennis courts.
NSW Aboriginal Land Council chair Raymond Kelly said the cases highlighted persistent obstacles in the land rights system. NSW government figures show more than 42,000 Aboriginal land claims remain unresolved statewide, some more than a decade old.
“Every day a land claim is delayed is an opportunity lost – governments need to respond and provide our people with systems that operate efficiently and respond to our claims with urgency,” he said.
A spokeswoman for the Federal Court of Australia said the Waverton application was unopposed during the three-month public notification period starting January 2024.
With the Federal Court process resolved, Moran said the land council could finally consider future options for the site, including potential cultural uses, joint ventures or leasing options.
Any proposal must be approved by a 75 per cent majority of the council’s membership and be financially viable.
North Sydney Mayor Zoe Baker has called on the NSW government to consider buying the site back from the land council at market rate for public recreation uses.
“There’s a lot of community concern that the Metropolitan Aboriginal Land Council, like any landowner, will move to develop the site and while it’s currently zoned for public open space, there are provisions for land councils to submit rezoning applications,” she said.
“Given the state government’s commitment to housing supply, the general concern within the community is that a site which up until now has been a part of the parkland will be subject to a housing application.”
While a decision about the site’s future is yet to be determined, Moran said the delays in resolving native title issues highlight broader questions about the administration of land rights. He believes the NSW government should handle native title liabilities before the transfer of land, noting that delays cause sites such as the Waverton Bowling Club to fall into disrepair.
“Land rights are supposed to be about recompense and shouldn’t burden Aboriginal organisations with all the risks, costs and liabilities. It shouldn’t be a punishment.”
Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.
David Barwell is an urban affairs reporter for The Sydney Morning HeraldConnect via email.From our partners
Read the full article here
