Southern Downs MP calls out 'untrue' claims of Toobeah native title land transfer

This comes after residents of the small town of Toobeah created an online petition to prevent what they say is a massive amount of land being transferred to Indigenous freehold without proper community consultation.

Toobeah Hotel Motel owners Michael Offerdahl and partner Stacey Chumbley started the petition.

Mr offerdahl said they were concerned about the transfer of the Toobeah Reserve to Indigenous freehold without proper community consultation.

Mr Offerdahl said the town, which had around 150 residents, feared they would lose access to the reserve.

"The reserve currently includes the Toobeah common, Toobeah dump, Toobeah rodeo ground and Toobeah Hall reserve," he said

"We wont be able to access the reserve, the river or stock routes on the Toobeah Reserve.

"These discussions have all been confidential and have not included any genuine community consultation."

Mr Lister has called out the "misinformation" and "half truths" being spread by residents and politicians that the local indigenous group, the Bigambul People plan to lock up the Toobeah Reserve and deny the community access.

He said he was aware of and can understand community concerns regarding the status of the Toobeah Reserve, but rubbished claims the state government and local council engaged in "secret, unilateral, land give-away."

"People tell me that they've been told that state government land is about to be secretly handed to traditional owners without community consultation and with no reciprocal benefit to local people," Mr Lister said.

"If that were true, I would definitely share in their anger. But fortunately it is not true. Let's be clear - the Goondiwindi Regional Council has not been engaged in some secret, unilateral, land give-away as some people have been shouting.

"The Federal Court made a native title determination over the Toobeah Reserve site in 2016, and no politician - not me - not Pauline Hanson - not Lawrence Springborg - can change that fact.

"The native title determination means that securing things like Toobeah's water supply and stock route access, the extinguishment of remaining native title, and the creation of new housing blocks to enable Toobeah to grow can only be achieved if the Goondiwindi Regional Council negotiates with the Miles Labor government, and the Bigambul people."

Mr Lister said it's doubtful that native title rights could be lawfully denied to the Bigambul People over the Toobeah Reserve due to the Federal Court's native title determination over the site back in 2016.

Mr Lister said it was important the Goondiwindi Council engaged with the Bigambul People to obtain a good deal for the community.

"If the council didn't engage in this process, it would irresponsibly leave the future of the Toobeah Reserve up for grabs, and likely leave the community much worse off," he said.

"It is easy (and generally wins votes) to foam at the mouth and whip up community anger with misinformation and half-truths, but that provides no solutions, encourages futile fights which divert attention from constructive measures, and shortchanges the community.

"What diligent and honest elected representatives can do however, is to ensure that the best possible deal for the community is obtained now that that native title determination has been made."

A lack of public consultation from council has also been raised with Mr Lister, which he has defended the council.

"In relation to consultation, it is untrue to suggest that the Goondiwindi Regional Council has concealed this process or sought to avoid public consultation," he said.

"The fact is that community consultation requires a mature proposal, and until that negotiated proposal is ready, consultation is of little value.

"The state government made its negotiations with the Goondiwindi Regional Council conditional upon them being confidential until the proposal was ready for release.

"As the council needs to be at the negating table in order to obtain a good deal for the community, it has no choice but to accept this state government condition."

Mr Lister said he's held discussions with the Bigambul People and that access to the freeholding part of the Toobeah Reserve for the group would likely improve community access not restrict it.

"I would like to point out that the Bigambul People have been at pains to say that they are not inclined to lock up the Toobeah Reserve and deny the community access," he explained.

"In fact, access to the Toobeah Reserve is currently restricted to very specific uses by the state government anyway, and recreational fishing and camping are not among them, and would currently constitute trespass.

"I believe that freeholding part of the Toobeah Reserve for the Bigambul People is likely to improve community access to the site compared with the current highly restrictive state government conditions."

Recreational camping and fishing are currently unlawful uses of the site and Mr Lister said it would constitute trespass under the state government's current usage conditions.

"We may confidently accept that access for such uses will be better under Bigambul ownership than it is now," Mr Lister said.

A spokesperson for the Department of Resource said the Toobeah Reserve was, "a highly culturally significant site for the Bigambul people with Aboriginal burial sites, Aboriginal camps, scar trees and medicine bushes."

"There have been two public meetings about the proposed transfer - the first was held by the Goondiwindi Regional Council in February and the second on March 4 facilitated by the Department of Resources," the spokesperson said.

"The Department will continue to work with the Bigambul people, the council and the community on the proposed transfer."