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Dissenting
Report – Opposition Senators
Aboriginal Land Rights (Northern Territory)
Amendment Bill 2006
Opposition Senators believe that the Majority's Report
conveys the acute level of dissatisfaction expressed by key stakeholders in
regards to this Bill. It is not necessary to repeat those concerns. Every
single non-Government submission argued this Bill should not proceed in its current form.
The Opposition upholds that Traditional landowners are the
people most affected by these significant changes. Their message at the hearing
was strong and clear - the bill should not proceed.
It is noted that the Majority's Report indicated that the
amount of time allowed for the inquiry was 'totally inadequate' given the scope
and severity of the concerns. One hearing and less than a week to prepare the
Report was a woefully inadequate amount of time to canvas opinion and consider
possible amendments to the Bill. This is an iconic piece of legislation. The
manner in which the Bill has been managed reflects poorly on this Government.
Regrettably, the Majority's recommendation that the Bill
proceed with some conditions does not logically follow on from the Report's
findings. Opposition Senators believe
that in light of such strong and universal opposition from key stakeholders, it
is not appropriate to recommend that the Bill proceed. The Chair's
recommendation that the Government commit to ongoing negotiations and
dissemination of information on the major changes after the Bill is passed is no substitute for proper consultation
and negotiation before it is passed.
It does nothing to resolve the key problems identified with the new legislative
framework.
Over the past nine years, there have been three reviews of
the Aboriginal Land Rights (Northern Territory) Act 1976. In 2003, the NT Land
Councils and NT Government made a joint submission to the Commonwealth
Government regarding possible amendments to the Act. These amendments were
based on the findings of these reviews and their own extensive consultations.
The Opposition is pleased that the bulk of these amendments has been adopted in
the present Bill. These amendments largely pertain to the mining, exploration
and sub-leasing provisions and make it easier for traditional owners to pursue
economic development on their land.
This Bill contains amendments that were not part of any
review or the NT joint submission. Some of these amendments include the new 99
year leasing on townships, the augmentation of Ministerial power over land
decisions and land councils, and the removal of guaranteed funding for land
councils. Some of these amendments were first announced in October 2005 by the
then Minister for Indigenous Affairs, Senator Vanstone, while others have
appeared even more recently.
Opposition Senators recommend that the Bill be split to
allow for the amendments that have been negotiated ( including those adopted
from the Joint Submission of the NT Land Councils and NT Government) to proceed
immediately, while the remainder be deferred subject to ongoing consultation
and negotiation with traditional owners and their representatives. The
amendments that have not been subject to negotiation include the provisions
regarding
- 99 year leasing on Aboriginal townships,
- the creation of new land councils,
- the Ministerial power to override a Land Council's
decision not delegate its function to a regional body,
- the removal of guaranteed funding for Land Councils
- the altered administration of the Aboriginal Benefits
Account (ABA) and composition of the ABA Advisory Board
- the excision of intertidal zones not contiguous with
Aboriginal land
The transcript of the inquiry clearly demonstrates the lack
of consultation and negotiation on these new amendments. Opposition Senators
strongly disagree with the Office of Indigenous Policy Co-ordination's (OIPC)
submission that it was not their responsibility to communicate the changes with
Traditional Owners. Even if it was the responsibility of the Land Councils, the
shortage of time and resources made it physically and logistically impossible
for Land Councils to consult their traditional owner base.
Government attempts to tie core funding to the 99 year
leases as an 'incentive' for traditional owners to enter the scheme heightens
our concerns about the capacity of traditional owners to provide free and
informed consent.
The Minister has indicated his acceptance of some of the
faults of the Bill by agreeing in recent weeks to remove certain elements of
the 99 year leasing scheme. But these concessions are not enough.
These non-negotiated amendments represent some of the most
significant changes to the Aboriginal
Land Rights (Northern Territory) Act since its original enactment thirty
years ago. They have the potential to undermine the long-term viability and
independence of Land Councils and deny cultural, social and economic enjoyment
of land by traditional land owners.
Recommendations
The Opposition recommends:
- That the Bill be split to allow:
- Negotiated
provisions of the Bill relating to mining, exploration and subleasing (including
those that were adopted from the Joint Submission of the NT Land Councils and
NT Government) to proceed immediately,
- The
remainder of the Bill to be subject to thorough consultation and negotiation
with traditional owners, their representatives and other key stakeholders
before they are considered by Parliament.
- That if the Bill is not split, it does not
proceed.
- That the Government takes every possible
step to achieve broad consensus among key stakeholders, particularly
traditional owners and their representatives before seeking significant
amendments to such important legislation.
Senator Chris Evans
ALP, Western Australia
Senator Trish Crossin
ALP, Northern Territory
Senator Claire Moore
ALP, Queensland
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