Introduction: The Struggle for Justice in the ACT

The history of Indigenous land rights movements in the Australian Capital Territory (ACT) is a profound narrative of resilience, legal innovation, and continuous activism. While the ACT is often seen primarily as the seat of federal government, its lands hold deep ancestral significance for the Ngunnawal people and other Aboriginal groups who have inhabited this region for tens of thousands of years. The struggle for formal recognition of these traditional rights – to own, manage, and protect their Country – has evolved from colonial dispossession through to contemporary co-management agreements. Understanding this history is essential for grasping the ongoing reconciliation efforts and the unique legal landscape of the ACT.

Early History and Traditional Custodianship

The Ngunnawal Nation and Neighbouring Groups

Before European settlement, the area now encompassing the ACT was the traditional territory of the Ngunnawal people. Their lands extended from the Yass Valley in the north down to the Brindabella Ranges in the west and the Queanbeyan region to the east. Alongside the Ngunnawal, the Gundungurra people from the north-west and the Wiradjuri people from the west also had connections to parts of the broader region, particularly through trade routes and ceremonial gatherings. These groups spoke distinct languages but shared a deep reciprocal relationship with the land, using sophisticated fire-stick farming, seasonal hunting and gathering, and complex kinship systems to manage resources sustainably.

Traditional Land Management and Spiritual Connection

For the Ngunnawal people, land was not a commodity but a living entity imbued with cultural and spiritual meaning. Specific sites such as the Murrumbidgee River corridor, Black Mountain, and Red Hill held sacred stories, burial grounds, and resource-harvesting cycles. The people’s law (often referred to as lore) governed access, use, and protection of these places. Fire-stick farming promoted new growth for grazing animals and reduced catastrophic bushfire risk, demonstrating sophisticated ecological knowledge. These practices, passed down through oral tradition, were integral to the identity and survival of Aboriginal communities in the ACT region for millennia.

Colonial Impact and Land Dispossession

Invasion and Settlement

European colonisation of the region began in earnest in the 1820s with the expansion of the pastoral industry out from Sydney. Squatters quickly took over the fertile plains along the Murrumbidgee and Molonglo rivers, often with little regard for Indigenous presence. The introduction of sheep and cattle resulted in overgrazing and disrupted traditional food sources. Violence, introduced diseases, and forced removal of Aboriginal people from their lands led to a dramatic population decline and the breakdown of traditional social structures. By the mid-19th century, many Ngunnawal people had been pushed to the fringes of settlements or onto small reserves.

The Establishment of Canberra and Further Displacement

The decision in 1908 to locate the national capital in the Limestone Plains region dealt a severe blow to any remaining Aboriginal land rights. The subsequent construction of Canberra from 1913 involved surveying, land acquisition (often compulsory), and the physical transformation of the landscape. The Ngunnawal people were largely excluded from the new city’s planning; their camps were demolished, and many were forced into missions or reserves outside the Territory boundaries. The 1915 Seat of Government (Administration) Act formally placed the ACT under federal control, creating a unique legal framework that would later shape land rights struggles. Indigenous voices were silenced during the creation of the capital, and the profound loss of connection to Country was compounded by discriminatory policies under the Aboriginal Protection Acts (still applied in New South Wales until the 1960s), which denied self-determination and removed children from families.

Key Movements and Activism: Reclaiming the Narrative

Early Advocacy and Organisations

The modern land rights movement in the ACT gained momentum in the 1970s, paralleling national campaigns. Aboriginal residents of Canberra and surrounding areas formed the Ngunnawal Local Aboriginal Land Council (later the ACT Aboriginal and Torres Strait Islander Land Council) to advocate for recognition and return of land. A pivotal moment was the 1972 Aboriginal Tent Embassy – although situated on the lawns of Old Parliament House in Canberra, it was a national protest that heavily involved local Indigenous activists. The embassy’s demands included land rights and sovereignty, and its presence made the ACT an epicentre of protest and consciousness-raising. Local Aboriginal groups also began to document their oral history and genealogies to prove continuous connection to land, challenging the official narrative that the region was “empty” prior to European arrival.

Protests and Blockades

Throughout the 1980s and 1990s, the Ngunnawal community increasingly took direct action to protect sacred sites from development. Notable protests included the campaign to protect the Mount Ainslie scarred trees and grinding grooves, and opposition to the construction of roads or housing developments on culturally significant land. Activists formed alliances with environmental groups and concerned citizens to lobby the ACT Legislative Assembly and the Federal Government. These actions not only prevented specific cultural sites from being damaged but also built public awareness of the ongoing connection of the Ngunnawal people to the land – a connection that had never been ceded.

The Native Title Act 1993 and Its Impact in the ACT

The landmark Native Title Act 1993 (Cth) provided a national legal framework for Indigenous Australians to claim rights to land based on continuous traditional connection. However, its application in the ACT was initially complicated. The ACT is a territory under federal jurisdiction, and most land is held as Crown land or freehold granted by the Commonwealth. The National Native Title Tribunal has processed several applications in the ACT region, but the process has been slow. Crucially, the courts have recognised that the Ngunnawal people maintain a traditional connection to the land, despite the disruptions of colonisation. In 1994, the Ngunnawal people filed a native title claim covering most of the ACT and surrounding areas – one of the first such claims in the country. This application placed the onus on the Federal Government to prove extinguishment.

Land Grants and Negotiated Settlements

Beyond formal native title litigation, the ACT has seen important negotiated settlements. Under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986, the nearby Wreck Bay Aboriginal Community gained freehold title – a model that influenced thinking about land justice in the ACT. In the 2000s, the Commonwealth and ACT Governments began transferring parcels of land to Aboriginal organisations, often through the ACT Aboriginal and Torres Strait Islander Land Council. Notable grants include sites at Weereewaa (Lake George) and areas near the Murrumbidgee River. These land grants do not extinguish native title but represent a practical recognition of traditional ownership.

Cultural Recognition Under the ACT Heritage Act

The Heritage Act 2004 (ACT) provides mechanisms to protect Aboriginal places and objects. The ACT Heritage Council maintains a register of culturally significant sites – including stone arrangements, scarred trees, and camp sites – which are often on existing land title. This legislation gives Aboriginal representatives a formal role in assessing development proposals that may affect such sites. While the Act does not confer land ownership, it does provide a degree of control and consultation, representing an achievement for land rights advocacy. In 2018, the ACT Government formally recognised the Ngunnawal people as the Traditional Custodians of the Canberra region – a symbolic but important step that has been integrated into government protocols and land use planning.

Recent Developments and Ongoing Challenges

Co-Management of Parks and Reserves

One of the most significant recent developments has been the co-management of protected areas. Namadgi National Park, which covers nearly half the ACT, is now managed jointly by ACT Parks and Conservation Service and a Ngunnawal-led board of representatives. This arrangement allows Traditional Owners to have direct input into fire management, weed control, and cultural site preservation. Similarly, the Tidbinbilla Nature Reserve and several urban parks have adopted partnership models. These co-management agreements are not full land ownership but represent a substantial shift towards sharing decision-making authority.

Protection of Sacred Sites

Despite progress, threats to sacred sites persist. Recent developments in the northern suburbs of Gungahlin and along the Molonglo Valley have required extensive cultural heritage surveys. The proposed light rail route and the expansion of Canberra Airport have also raised concerns. Activists continue to lobby for stronger protections and for the inclusion of free, prior, and informed consent from Traditional Owners before any land alteration. The ACT Government’s Reconciliation Action Plan outlines commitments to embed Aboriginal land rights into policy, but implementation remains uneven.

Land Sovereignty and the Voice

The broader push for Indigenous sovereignty intersects with land rights in the ACT. The Uluru Statement from the Heart – calling for a First Nations Voice to Parliament enshrined in the Constitution – has strong support among ACT Aboriginal communities. Some argue that true land justice requires not just grants of title but constitutional recognition of the original ownership of the land. The ACT Government has been a strong advocate for the Voice, and many local activists see this as the next frontier for land rights. Meanwhile, campaigns continue for the recognition of the Ngunnawal name on official maps and in place naming – a small but profound act of reclamation.

Intergenerational Trauma and Healing

Land rights are not only about legal title; they are central to healing from intergenerational trauma. Access to traditional lands for ceremony, hunting, and gathering has been shown to improve mental health and cultural continuity. The ACT Land Council runs programs that reconnect young Ngunnawal people with Country, teaching traditional skills alongside modern leadership. The return of small parcels of land for community use, such as the property at Ngunnawal Country (maintained by the Ngunnawal community), provides a physical base for cultural reclamation. However, the need for more secure and larger land areas remains acute.

Conclusion: The Path Forward

The history of Indigenous land rights movements in the ACT is one of endurance against formidable odds. From the initial dispossession during colonisation and the construction of Canberra, to the landmark legal claims and co-management agreements of the twenty-first century, the Ngunnawal people and their allies have steadily advanced the cause of recognition and reclamation. Significant milestones have been achieved: legal acknowledgment of native title, transfers of land, and formal inclusion in heritage and conservation governance. Yet the journey is far from complete. Ongoing challenges – from protection of sacred sites to broader constitutional recognition – remind us that land justice is a dynamic and evolving field. Understanding this history is not just an exercise in academic reflection; it is a vital step toward supporting the ongoing efforts of Aboriginal peoples to heal their Country and secure their rightful place in the nation’s capital. The land rights movement in the ACT continues to write its own story – one that deserves to be heard, respected, and acted upon.