Jali Land Council accused of land grab

Around 80 residents of Cabbage Tree Island, just south of Wardell, say they want to return home after the 2022 floods, but the Local Aboriginal Land Council, Jali, have other ideas.

The Department of Planning and Environment (DPE), including the Aboriginal Housing Office and Crown Lands, say they are supporting Jali Local Aboriginal Land Council (LALC) and the community of Cabbage Tree Island to determine the way forward for the land use of the island, following the catastrophic floods that inundated ‘26 homes’ on the Island.

But there is a dispute over the number of flood-damaged homes, with traditional owners, represented by Aunty Susan Anderson, claiming that only four houses sustained flood water damage inside. All the foundations, which are made of reinforced concrete and brick, are in good condition, Aunty Anderson says. She adds that this has been confirmed by the Australian Army engineers.

When The Echo visited the island in March this year, most of the homes were clearly built higher than the 2022 flood level.

The only damage that appeared to be done was by the army, who came in and ripped up carpets in all of the homes, despite them not being flooded.

On August 28 this year, a community meeting with Jali LALC was held, and a motion was carried ‘to proceed with the rebuild of 26 residential properties at 50 Bath Street, Wardell, including detailed master planning, engineering, design and construction’. This is the site of the current pod village.

Aunty Anderson says the land was purchased in the mid-1800s, and that she is the owner of the land which was passed down to her and her family by her grandfather, John Jack Cook. Aunty Susan says that after the August announcement, the Cabbage Tree Island community has been very distressed.

Distressed community

‘They told us, “We’re not going back and they’re not going to rebuild”. Everyone just burst out crying. The elders and everyone, we just got up and walked out. It’s very sad’.

‘The flood never went in all of the houses. They want the land. They tried to sell it, unknown to the community, in 2001. Their lawyers sent a letter to me asking me if I would sell it and I said, “The land is not for sale”. 

Anderson says that Jali has a 99-year lease on the land, but they certainly do not own it, and that last week the families and Elders went to the island to spend some time at home on their Country.

‘Jali kept sending the police up every day – my nephew was arrested. We just want to go back home. All of the North Coast was flooded. Everyone has moved back – Lismore, Coraki, Woodburn, Broadwater, Wardell and Ballina – you know, it’s just us! They won’t let us go back because they want the land.’

Aunty Susan says that, through her lawyers, she has an injunction to stop anything happening on the island, including the imminent demolition of the houses.

‘It just breaks my heart’, she says. ’They all want to go home, but they’re frightened to go against Jali.’

The DPE said the decision by Jali LALC and its members is based on an ‘extensive independent feasibility assessment’, and flood analysis that ‘clearly shows an unacceptably high risk of exposure on the Island to future flooding events and a real risk to human life’.

The Echo contacted The CEO of Jali LALC, Chris Binge. We are yet to get a response.

The DPE says the commencement of necessary planning and legal requirements to support the rebuild approval process will begin shortly.