Ken Wyatt (Hasluck, Liberal Party, Minister for Indigenous Health) Share this | Hansard source

I would like to thank honourable members for their contribution to the debate on the Aboriginal and Torres Strait Islander Amendment (Indigenous Land Corporation) Bill 2018. This bill represents a significant step forward in Australia's land rights journey. The Indigenous Land Corporation was established as part of the government's response to the High Court decision in Mabo No. 2 in recognition that many Indigenous people would be unable to benefit under the Native Title Act 1993. The Indigenous Land Corporation was established to assist Aboriginal and Torres Strait Islander organisations to acquire land and to manage Indigenous held land so as to provide economic, environmental, social and cultural benefits for Aboriginal and Torres Strait Islander people.

Land is not defined within the Aboriginal and Torres Strait Islander Act 2005. On a plain language interpretation, this means the Indigenous Land Corporation cannot support Aboriginal and Torres Strait Islander organisations to conduct activity in freshwater and sea country. For example, it cannot support Aboriginal and Torres Strait Islander people to strengthen their connection with culture and communities through activities in freshwater and sea country; manage freshwater and sea country to keep culturally significant plant and animals healthy; or establish fishing businesses. This is inconsistent with the understanding Aboriginal and Torres Strait Islander people have of country. This is also inconsistent with developments in case law recognising that native title rights can extend to freshwater and sea country. In some cases, these rights include rights to take and use water for a variety of purposes and to take resources from certain waters. The law now acknowledges that, for Aboriginal and Torres Strait Islander people, land and water are inseparable parts of country. It is now time for the functions of the Indigenous Land Corporation to reflect this.

These reforms follow extensive consultations with Indigenous stakeholders. A clear majority of stakeholders supported changes to expand the remit of the Indigenous Land Corporation to include freshwater and sea country. The government has listed and is now enabling the Indigenous Land Corporation to assist Aboriginal and Torres Strait Islander organisations to care for, manage and benefit from freshwater and sea country. In its report on the bill, the Senate Finance and Public Administration Legislation Committee recommended that the bill be amended to ensure that the Aboriginal and Torres Strait Islander Act 2005 gives the Indigenous Land Corporation the function to manage water or waters in which the Indigenous Land Corporation has water related rights. Amendments agreed to in this House respond to the committee's recommendation. These amendments will mean the Indigenous Land Corporation's water management functions are consistent with its land management functions.

The bill will also rename the Indigenous Land Corporation the Indigenous Land and Sea Corporation to reflect the expansion of its remit to include water. Expanding the remit will enable the Indigenous Land Corporation to reflect the understanding Aboriginal and Torres Strait Islander people have of country. It will also enable the Indigenous Land Corporation to support the full range of opportunities for Indigenous economic development in sectors such as fisheries, agriculture and tourism.

These reforms represent a significant step in Australia's land rights journey. By expanding the functions of the Indigenous Land Corporation to rights in relation to water, this government is realising its commitment to improving the lives of Aboriginal and Torres Strait Islander people. I commend the bill to the House.

Question agreed to.

Bill read a second time.

Message from the Governor-General recommending appropriation announced.

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