Mark Dreyfus (Isaacs, Australian Labor Party, Shadow Attorney General) Share this | Hansard source

In 2010 the Labor government introduced subdivision JA into the Native Title Act 1993. That subdivision is a useful set of provisions that provide a process to assist in the urgent construction of public housing and a limited class of community facilities, including education, health and emergency services facilities and staff housing associated with those facilities. The process is available where the construction of these facilities is by or on behalf of the Crown, a local government body or other statutory authority for Aboriginal and Torres Strait Islander people and communities on Indigenous-held land.

This reformed Native Title Act was introduced by Labor when last in government to deal with situations where there was an urgent need for the construction of public housing or other public facilities on land subject to native title. When introduced the provision included a 10-year sunset, which was to approximate the duration of the National Partnership Agreement on Remote Indigenous Housing Labor had put in place. This bill will extend the operation of these provisions for a further 10 years, and Labor supports this extension.

I take this opportunity to encourage the government to ensure that the subdivision continues to be used only when strictly necessary to facilitate urgent construction and that at all times proper consultations take place with affected communities before, during and after construction is completed. Importantly, the subdivision provides the consultation with affected parties, including periods for comment on any proposed construction. In his second reading speech when this measure was introduced in 2010, Attorney-General Robert McClelland emphasised that the bill 'also contains important safeguards to ensure genuine consultation with native title parties.' The new process sets out reasonable and specific periods for comment and consultation and provides flexibility to allow native title parties to choose the level of engagement they feel is appropriate for each individual project. It will be subject to state and territory heritage processes.

The bill also enables the Attorney-General to prescribe how consultations with native title parties should occur, including general guidance on the issues to be included in consultation. This includes the capacity to set more detailed requirements such as face-to-face meetings and provision of interpreters.' This requirement for consultation put in place by Labor is a very important part of this legal regime.

In May this year, the 46,000-year-old rock shelters at Juukan Gorge on the traditional Pilbara lands of the Puutu Kunti Kurrama and Pinikura people were blasted to rubble. This outrage occurred while this government sat by, despite warnings and attempts by the traditional owners to stop the destruction of their ancient heritage. While this disgraceful act occurred in a quite different context to the provisions being extended by this bill, what occurred highlights the importance of respect for the culture and heritage of First Nations communities and the need for those communities to be consulted with and listened to regarding actions that impact their traditional lands.

In the 10 years since these provisions were first introduced, concerns have been raised in some First Nations communities about the need not only for consultation prior to projects commencing but for ongoing consultation to take place to ensure that any facilities built under this legislation are managed in a manner that is appropriate and respectful to those communities. I believe that this kind of ongoing consultation is something that should be practised by the government as a matter of basic respect in its dealings with First Nations people. Unfortunately, that respect is not always forthcoming from this government, and I call on the government to listen to the concerns of First Nations communities regarding the need for ongoing consultation with respect to the management of facilities on land that is subject to native title and to adjust its conduct accordingly. I commend this bill to the House.

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