Prime Eden Wharf site transferred to Eden Local Aboriginal Land Council

The 3400square metre site is currently sitting vacant and surrounded by stones, and once housed shops, cafes and the Eden Marine Discovery Centre.

In a decision sent to chairperson of the Eden Local Aboriginal Land Council BJ Cruse, Deputy Secretary of Crown Lands and Public Spaces Melanie Hawyes said it was her responsibility to determine Aboriginal land claims.

"Following the assessment of the claim, I am satisfied that when the claim was made the land was claimable Crown land," Ms Hawyes said.

"I am pleased to advise I have granted the claim. Arrangements will now be made to transfer title to the land to Eden Local Aboriginal Land Council," she said.

The land became claimable after the termination of leases on the site, the demolition of buildings and the lack of any plans to re-establish business there.

Mr Cruse said the Land Council planned to develop the land "to meet the needs of the community and the town and to service the community and tourism".

"The first thing we're looking at is to put back what was there but all new. That's why we're looking at the master plan for the wharf," Mr Cruse said.

"The bottom line is the Land Council couldn't establish a service there and our best potential is to develop something in line with the town's needs, have the infrastructure in place and let the town operate and manage it," Mr Cruse said.

He is well aware of the benefits of tourism not only for the town, but also for the local Aboriginal community and said there were plans to start a short touring route along the Bundian Way for visitors from the cruise ships, starting at the wharf.

There were some unknowns about the site, particularly what level of remediation might be required. When the offices and shops were there previously, it was known to flood from time to time with water seeping into the Marine Discovery building.

Mr Cruse didn't know whether native title existed on the site, but didn't see that as a problem saying it would be part of the approval process. Whatever happened though, it was likely to be a very costly project.

"We're talking to the shire and calling on them to provide support and help us gain funding," Mr Cruse said.

Mr Cruse didn't rule out either selling the site or looking at a land swap, but said it would need to provide equal value.

"The Aboriginal community is extremely grateful to the Minister for Crown Lands for the positive attitude of the granting of such a substantial claim. We're grateful for the Land Rights system," Mr Cruse said.

He said the Land Council had a few claims in at the moment.

The land at the wharf was leased, but by October 2020 tenants of the Eden Wharf building were dealing with the termination of their leases.

It was announced that the site would be demolished in May/June 2021 and by June 2021 the site was reduced to rubble.

At that stage it met many of the conditions needed to fulfil a successful claim, which was lodged on May 14, 2021 when the land was vested with Property NSW.

There are several circumstances whereby Crown Land may be claimable.

A Local Aboriginal Land Council can make a claim for Crown land in NSW under section 36 of the Aboriginal Land Rights Act 1983 ('the Act'). Section 36(1) of the Act provides that land is claimable if at the date of the claim it is: