Burdekin Shire Council Mayor, Lyn McLaughlin says the occupation of a a former Aboriginal reserve near the banks of Planation Creek is “unlawful” and won’t be tolerated by Council.
A group of around 70 protestors gathered outside Council’s administrative building on Tuesday to protest moves to evict a local Indigenous family from the site.
A decades-old shed structure on the land on Edwards Street behind the Ayr Golf Club had been occupied by local elder, Wilfred Nahow, until his passing in 2020.
The Mayor says the Council had attempted to formalise Mr Nahow’s occupation of the land over the years.
Since his death, family members of Mr Nahow have moved onto the site, claiming ownership of the “sacred land”.
“As Mayor, I find it necessary to provide a statement regarding Council’s actions and position in relation to recent unlawful occupation of a premises located at 261 Edwards Street, Ayr,” Mayor McLaughlin said in a statement.
Council owns the freehold land on which the premises is located. The parcel of freehold land is leased to the Ayr Golf Club.
“Historically, Council has been aware and respectful of the informal occupation of the premises by Mr Wilfred Nahow,” the Mayor said.
“Despite several attempts by Council to formalise tenure with Wilfred Nahow, a formal lease was never entered into with Wilfred and the option to purchase this part of the land from Council was never pursued by Wilfred.”
After the passing of Mr Nahow in December 2020, the implied tenancy arrangement between Council and Wilfred Nahow concluded, she said.
“Under common law, this implied tenancy cannot be assigned or passed on to any other person or any family member as members of the Nahow family are understood to assert.”
“The Nahow family has no right to occupy the building and any occupation of the premises by any person claiming under or through Wilfred Nahow is unlawful.”
Council officers have undertaken an assessment of the shed and confirmed it does not meet building code and as such is not safe to live in, said Mayor McLaughlin.
“There has also been a number of concerns raised regarding the recent gradual accumulation of cars, trucks and other personal effects at the property.”
“Through the court process Council has attempted to engage with the current unlawful occupants of the residence. These attempts were ignored.
“Council intends to proceed with securing possession of the site and the removal of the unlawful occupants this week. No further action has currently been determined for the site.
“In making its decision, Council needs to take a balanced approach where public safety, unlawful occupation of a premises and concerns from local residents are taken into account,” the Mayor said.
