Michael Offerdahl, a business owner in Toobeah, fears that 95 percent of the land in his hometown could be transferred to an Aboriginal corporation. Offerdahl discovered these plans through minutes from a Goondiwindi Regional Council meeting in January, where the Bigambul Native Title Aboriginal Corporation (BNTAC) disclosed its master plan on its website. BNTAC intends to use 210 hectares of the 220-hectare Toobeah Reserve for land management, eco-tourism, and land regeneration.
Offerdahl claims no members of the Bigambul people currently reside in Toobeah and questions the allocation of “inalienable freehold” land to them. He argues that the Bigambul people have only been in the region since the 1920s, long after other Indigenous tribes and the establishment of the town. He also states that the name “Toobeah” comes from the native Gamilaroi word “dhuba-y,” meaning “to point,” highlighting the limited historical connection the Bigambul people have to the area. Offerdahl is concerned that the land transfer could significantly impact the township’s future and commercial prospects, urging for more clarity to prevent widespread ramifications across Queensland.
15 Towns Under Aboriginal Land Act Applications
One Nation’s Mirani MP Steven Andrew raised the issue in state parliament on May 1, questioning the proposed land transfer under Queensland’s Aboriginal Land Act (ALA). He inquired about the inclusion of the Toobeah community in the decision-making process, the impact on property rights, and access to treated water and sewerage systems. He also sought information on other towns under pending ALA applications. The Department of Resources replied that broad community consultation is not required under the ALA but mentioned a community forum held in Toobeah on March 4. The department assured that town water and bore facilities would remain accessible, and the land adjacent to Toobeah would be used for community purposes, including open space, town expansion, and stock routes.
The council revealed that two lots of land, including rodeo facilities, would remain available for recreational use. However, Andrew’s question about which townships had expressions of interest went unanswered, with confirmation that 15 sites are under consideration. Eurong and Happy Valley on Fraser Island are among the other areas of interest for Indigenous groups seeking inalienable freehold handover under the ALA. So far, more than 6 million hectares of state land have been granted to Indigenous Australians in various forms.
How the Aboriginal Land Acts Differ From Native Title
The ALA and Native Title both represent Indigenous claims to land but differ in law and function. Native Title recognizes Indigenous rights and interests in land and waters according to traditional laws and customs. This includes rights to look after sacred sites, camp, hunt, fish, and hold ceremonies. These rights vary depending on the specific case and were established by the High Court of Australia in the 1992 Mabo case, which overturned the “terra nullius” doctrine.
In contrast, the ALA is an actual grant of land, originating from 1976 Commonwealth legislation in the Northern Territory and legislated as the Aboriginal Land Act in Queensland in 1991. The ALA recognizes the concept of inalienable freehold title, granting land to Indigenous people indefinitely, with rights including ownership, control, land management, development, lease negotiation, and economic activities.
Indigenous Group’s Plans for Eco-Tourism
BNTAC refuted claims of the state giving away 95 percent of Toobeah’s land, stating the claim involves just 0.18 percent of the land mass and that locals would still have access to amenities like water and recreational reserves. BNTAC plans to use the land for cultural, ecological, and economic development through regional eco-cultural tourism opportunities. Bigambul Executive Director Justin Saunders stated that the community had been consulted multiple times. BNTAC asserted that parts of the land need rejuvenation to restore traditional bush medicine and food plants and that the Bigambul people have long-standing connections to the Toobeah region, with camps and reserves existing there as recently as the 1950s and 1960s. The Bigambul people are Native Title holders of the land.
Council Denies Social Housing Claim
Goondiwindi Regional Council, led by former Queensland Nationals leader Lawrence Springborg, directed the public to its online Q&A on Toobeah. The Council clarified that the Toobeah Reserve’s future is a state issue and not under their control. While the Reserve is currently slated for camping or stock watering, BNTAC is open to collaboration on shared use guidelines. The Council deemed social housing unlikely due to infrastructure limitations.
Need For Transparency: Researcher
Gary Johns, Chairman of Close the Gap Research, emphasized the need for transparency in land transfers under the ALA. He criticized the Queensland government’s approach of not consulting all stakeholders and the public, urging for full disclosure on possible land uses. Johns argued that assurances from Indigenous groups are insufficient, highlighting the need for broader consultation to ensure all Queenslanders are informed and considered.