One of Sydney's most recognized landmarks, the Bondi Icebergs pool and licensed club, is the subject of an Aboriginal land claim lodged by the La Perouse Local Aboriginal Land Council. The council confirmed Friday that it filed the claim over the venue, located at the southern end of Bondi Beach, which is known globally as a highly photographed swimming location and operates year-round.
The claim, originally lodged in 2009, is still awaiting determination by the NSW government. The La Perouse Local Aboriginal Land Council stated that it is willing to work constructively with Bondi Icebergs during the assessment process and expressed a desire for the claim to be finalized. The council indicated that the ongoing uncertainty stems from delays within the NSW government in resolving such claims within a reasonable timeframe.
According to reports, there are over 44,000 unresolved Aboriginal land claims in New South Wales. A radio host urged the NSW Lands and Property Minister to address the system, suggesting the need for new legislation to safeguard prominent public sites from land claims. The argument is that some claims can be successful if a technical breach by a tenant is found.
Bondi Icebergs is situated on Crown land owned by the NSW Government, making it subject to claims under the Aboriginal Land Rights Act. For a claim to proceed, the NSW Government must assess if Bondi Icebergs was lawfully using the Crown land when the claim was filed and if the site is exempt. If the land is deemed claimable, it can be transferred to the Aboriginal Land Council.
The Aboriginal Land Rights Act specifies that land is claimable if it is not lawfully used or occupied and not needed for an essential public purpose. If the land is found to be in lawful use or likely to be required for essential public needs, the claim is typically refused.
In a similar case on Sydney's lower north shore, the former Waverton Bowling Club, which closed in 2019, became the subject of two Aboriginal land claims. Despite the NSW Government's initial rejection, arguing the land was used for public recreation, the Land and Environment Court overturned the decision in 2022, ordering the land's transfer to the Metropolitan Local Aboriginal Land Council. The court found insufficient evidence that the land was needed for public recreation.