Warren Snowdon (Lingiari, Australian Labor Party, Shadow Parliamentary Secretary for External Territories) Share this | Hansard source

I think I am probably the only person left in this place—certainly in the House of Representatives, but I think also in the Senate—who was involved in the negotiations over the original native title legislation and who was a member of the cabinet committee that actually negotiated the native title legislation with Aboriginal and Torres Strait Islander people, so I have some background in this subject. I can say that the issue that the shadow Attorney has spoken about was something that was at the forefront of the mind of the Keating government at the time—that you actually had to make sure that you spoke to, listened to, talked with and negotiated with Aboriginal and Torres Strait Islander people to get the right outcome for Aboriginal and Torres Strait Islander people.

Some might argue, and I think it is a fair argument, that by the time the native title legislation passed through the Senate, it was a lot less than it could have been because of the attitude of those opposite, then in opposition in the parliament, and because of some independents who sought to water down and change the legislation to lessen people's rights. Be that as it may, the native title legislation was ultimately passed. What we know now, as a result of the McGlade court cases, is that there are different interpretations of how negotiations should take place.

Now, let me be very clear: Labor is about the protection of native title rights. That is our fundamental objective in this process, not listening to mining companies and saying, 'Let's prosecute this as quickly as possible to get it out of the way so you can be guaranteed access to land.' That was not part of our considerations—never was and never will be. Our considerations were, and are, the legitimate rights of Aboriginal and Torres Strait Islander people as native title holders. This was about protecting native title rights, not mining rights. Our decisions were about giving native title holders certainty for the future.

This bill will now validate 126 ILUAs, as the shadow Attorney has said. This is the outcome for the communities that made these agreements under the law as it then was, and for those with whom those agreements were made. As the shadow Attorney has said, this legislation will not provide some sort of green light for Adani—it simply will not. There are actions on foot, as the shadow Attorney has said, one of which, at least, will not be in the court until May next year. That is an issue for Adani, perhaps, and for the government, but not for native title holders. Their rights have been protected. That is what we want to make sure happens in this legislation. I say to the member opposite, the Minister for Justice, when you are talking about negotiating and talking with Aboriginal people, you do actually need to sit down. One of the issues is that he said, 'What about the native title rep bodies, the peak native title bodies?' They too have a responsibility to talk to their members. They too have a responsibility to make sure that they are informed by discussions with the native title holders, not just peak native title bodies. They have a responsibility to talk with them and then represent their views.

I was at the round table which the shadow Attorney-General was at, which was orchestrated by Senator Pat Dodson—

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