Kiama Councillor Matt Brown is concerned about the old police residence on Terralong Street being an eyesore in the town centre and wants to see it restored to its former glory.

Cr Brown put forward a Notice of Motion to Kiama Council at Tuesday night’s monthly meeting to advocate for a resolution around the former police residence at 30 Terralong Street, which has been snookered in a Native Title 1993 claim.

He requested for Council to write to Kiama MP Katelin McInerney and the NSW Government to liaise with the state departments and the Illawarra Local Aboriginal Land Council [ILALC] to resurrect the heritage-listed building.

“The residence is in a seriously devastated state and I think it’s concerning for everybody that we should have a beautiful building,” Cr Brown told the council meeting.

Cr Brown said that he had spoken with ILALC CEO Adell Hyslop to gain a greater understanding of the predicament and said the proverbial legal handcuffs need to be removed.

“I don’t have all the answers to how this should progress and that is why I am asking us to simply write to the local MP and try and work out a way forward in this somewhat complicated legal situation,” he said.

“It is very unfair for anyone to point to the Land Council and say you need to do some work because they legally just can’t.”  

Hyslop confirmed with The Bugle that the estimated cost for repair was between $2-3 million, and explained this was not a normal transaction of real estate for the circa 1850s residence.

“We [ILALC] acknowledge that it is in a very dilapidated condition and that the building has become an eyesore,” Hyslop said.

“The fact is that we have been working really closely with Crown Lands over the last couple of years, recognising that the costs now to potentially repair and restore both interior and exterior is going to be between $2-3m requiring restorations to be undertaken by a heritage expert.”

Earlier in the meeting, Cr Brown tabled a letter from Ms Heslop to Kiama Council CEO Jane Stroud, which provided an extensive overview of the situation.

“The ILALC is very aware that the building, in its current condition, has become an eyesore in the main street,” Hyslop said in the letter.

“We have been working closely with Crown Lands for approximately two years to obtain a hygienic report (now completed) and a builder’s report to assess [the] repair and restoration options.”

The letter went on to detail the ILALC’s vision for the former police residence and how the transferring of ownership was under a successful land claim under the Aboriginal Land Rights Act 1983 (NSW) but goes on to explain the complexity of the next steps.

“Because the claim was lodged after 1994, the land is subject to section 42 of the Act, which restricts dealings with land that may be subject to native title,” Hyslop said.

“To initiate any type of dealing (i.e. direct use, issuing licences or leases) would require ILACLC to lodge a non-claimant application in the state courts to determine whether native title has been extinguished. 

“This process usually takes 12-18 months and costs approximately $20,000-$25,000.”

Ms Hyslop further unpacks the complexities of the South Coast Peoples Native Title (SCPNT) claim, specifically, that the NSW Government would require the SCPNT to be finalised before the ILALC can lodge the non-claimant application.

“Based on current timeframes, this determination [for the SCPNT] may not be concluded for another 5-8 years,” she said.

“Following that, the ILALC would then need to negotiate with the registered Prescribed Body Corporate for the claim regarding agreed land use and/or financial or land compensation.

“It is for these reasons, the ILALC cannot enter into licenses or leases for the property, as these would constitute ‘future acts’ under the Native Title Act 1993.

“At this stage, the ILALC itself is unable to determine what use, if any, the property may have over the next 5-10 years.

“The ILALC now owns a property that was poorly maintained for more than 20 years by successive government agencies – initially NSW Police and now Property and Development NSW – and which has become a significant financial liability.

“The main purpose of land claims is to create wealth for Aboriginal people through land activation and business enterprises ventures. It is difficult to achieve this when land claims are encumbering with assets that are beyond economic repair.”

Kiama Council voted unequivocally 8-0 (Cr Imogen Draisma declared a non-pecuniary interest as she is acting as the local MP’s electorate officer) for McInerney to advocate for greater support from the NSW government and its relevant departments.