Daryl Melham (Banks, Australian Labor Party) Share this | Hansard source

It is interesting that the minister says that this is a period for us to reflect upon the fact that this act is about Indigenous people. In summing up, because we are virtually at the end of a process, I am pleased that he has taken on board the request from the land councils and the Northern Territory government about capping and that that change was made.

It seems to me that there has been a lot of disappointment. When I was on a parliamentary committee some years ago, we looked at the land rights act. It was the unanimous recommendation back then that there be no amendments to the act without traditional owners in the Northern Territory first understanding the nature and purpose of any amendments and, as a group, giving their consent.

I understand that the government has undertaken to talk to traditional owners after this bill is passed. It seems to me that the requests for Senate amendments that we are now discussing are a slight improvement on what was put up in the first instance. I am sure that there are other improvements that need to be looked at on behalf of Aboriginal people in relation to this land rights act, and we should not apologise for that. This was a landmark act in its day. It was introduced by the Fraser government, although it was not as good as the draft put in by the Whitlam government.

I note in the report of the Senate committee that it had received a number of submissions, including from land councils, the Law Society, the Minerals Council of Australia and the Centre for Aboriginal Economic Policy Research. They were all united in their criticism of the bill and had argued that it should not be proceeded with until agreement was reached with stakeholders, particularly the traditional landowners. That is not happening. We are going through with the government’s proposals in relation to the land rights act.

These requests for amendments are slight improvements on the wording and the capping situation, which the land councils specifically asked to be addressed. But what concerns me is that I see a lot of amendments that are not aimed at improving the lot of Aboriginal people; they are actually aimed at making it harder for Aboriginal people. I am not one—and the member for Lingiari is also not one—who says that the land rights act should not be improved and changed. When I was shadow minister, I was approached on a number of occasions by the land councils, and they said to me, ‘We think this can be improved not only for our benefit but also for the benefit of the mining community.’ They want to see the benefits on their land flowing to their communities as well as to the mining community. In many instances, it is the only hope they have.

I take on board that, in terms of these amendments, the minister and the government have responded in one instance to the capping at the request of the Northern Territory government. I think that is important. I also think it is important that what the government and the minister do not respond to is the uninformed element out there in the community, because that is not going to satisfy the long-term interests of the community or the traditional owners. I want to see us take a path whereby both sides of politics can put the partisanship to one side and look at some long-term solutions. That involves engaging the other side. That involves sitting down in the sand with traditional owners and others—and I know the minister would propose to do that—and to take on board some of their concerns, because it is a developing situation.

In relation to the amendments before us, the member for Lingiari is right. We have had debates on other issues; we have laid down our markers. What the parliament is currently dealing with is very narrow. But it is symbolic that the government has at least taken on board some suggestions and has not said, ‘No amendments at any cost.’ There are other instances here that, in the cold, hard light of day, will show that what is being proposed is not necessarily workable.

I urge the government to adopt a conciliatory approach and that, if improvements are found necessary, they are made. But bear in mind, as I said, that it is about Indigenous people. They are not against mining. The land rights act is something that empowers them, and they should continue to be empowered by it.

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