Tony Abbott (Warringah, Liberal Party, Shadow Minister for Families, Community Services, Indigenous Affairs and the Voluntary Sector) Share this | Link to this | Hansard source

I do not intend to long detain the House on the Indigenous Affairs Legislation Amendment Bill 2008, because it is a bill with which the opposition is in substantial agreement. There are three elements to this bill. The first and most important element of the bill is to extend the term for which township leases can be given. Instead of providing simply for 99-year township leases, this provides for leases to be any length between 40 years and 99 years. It has long been the view of the coalition parties in government and in opposition that Aboriginal land should be not just a spiritual asset but an economic asset as well. It was for this reason that the government as part of the intervention last year provided for the possibility of township leases of 99 years. It has also been an article of faith amongst the coalition parties both in government and in opposition that homeownership is an important contributor to a functioning civil society and that homeownership is good for the individuals who own their homes and also for society as a whole because the more that people have a stake in their communities through homeownership the better. Again, the former government’s 99-year township lease provision was designed to enable at least some Indigenous people living in remote Indigenous communities and not so remote Indigenous communities to have a form of homeownership. This was a measure that was introduced by the former government last year as part of the intervention. It was a very good measure. It was supported by the then opposition, now the government, and now we have a bill before the House to amend it in a significant way.

I was initially anxious about this particular bill but, on the assurance of the government that they are not about limiting access to township leases and they are not about limiting the ability of Indigenous people in the Northern Territory to obtain a form of homeownership but are in fact trying to maximise the number of communities where this is possible, the opposition is happy to support the bill. I would like to stress, if I may, that the coalition parties’ view is that these township leases should be for as long as possible. I would be disappointed in the extreme if officers of the federal government were to encourage a 40-year as opposed to a 99-year lease; nevertheless, I do accept that for many Indigenous communities this is a radical step, it is a dramatic change, and it may well be easier to get these kinds of leases accepted if they are for a shorter term. I certainly want to see the number of communities that go down this path maximised. On the basis of the assurances from the government I think that that can happen with the amendment before us. The second element of the bill simply makes it easier for the five-year leases that were proposed under the intervention to go forward and makes it easier for payment arrangements to be entered into.

The final element of the bill is to transfer title for 13 national parks. My understanding is that this was originally agreed to in 2003 by the former government, but the agreed-to transfer did not actually take place. I do have some concerns about the future management of these parks should ownership change, and I would want to be assured that these national parks will continue to be well managed by the Northern Territory government and will continue to be open to all for free with this transfer of title. So I will be seeking further assurances from the government on this point, and the coalition parties reserve their right to seek to amend this aspect of the legislation in the Senate if these assurances are not forthcoming. I see no reason why these parks should not continue to be managed by the Northern Territory government and continue to operate on the current basis, notwithstanding the transfer of title. I trust that those further assurances will be forthcoming, and on that basis I am happy to support the legislation.

Richard Marles (Corio, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak in favour of the Indigenous Affairs Legislation Amendment Bill 2008. This bill seeks to amend the Northern Territory National Emergency Response Act 2007 and the Aboriginal Land Rights (Northern Territory) Act 1976. This bill puts in place a number of miscellaneous amendments to these acts, a couple of which are quite significant, and it forms part of the suite of reforms and activity which are currently being undertaken by the Rudd government in relation to Indigenous affairs. I want to recount some of those other measures in a moment.

Turning to the specifics of this bill, it seeks to provide increased flexibility in terms of the length of township leasing arrangements under the Aboriginal Land Rights (Northern Territory) Act 1976. In doing that it will allow for the finalising of the federal regional partnership agreement for Groote Eylandt with the Anindilyakwa people. The amendments will also provide for expanding the power of the Executive Director of Township Leasing so that more varied leases can be put in place for the benefit of Aboriginal people. Also, there will be the creation of 13 national parks on Aboriginal land in the Northern Territory which will then be leased back to the Territory government.

The bill amends the two acts through three schedules. The first schedule seeks to vary and create greater flexibility in relation to the leasing arrangements for Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act 1976. Significantly, and this is really the most important aspect of the bill, it allows for the creation of township leases which span a minimum of 40 years and a maximum of 99 years. In putting in place this particular provision, which has been the subject of much discussion, it is felt that the formulation of setting a span of 40- to 99-year leases gives a balance between the rights of people to the collective ownership of the land under the Aboriginal land rights act and, at the same time, the provision of some scope for individual ownership of land through these extended leaseholds. The government believes that providing for between 40- and 99-year leases gets the balance between those interests right.

There are also amendments to this act in the powers that are given to the Executive Director of Township Leasing which will allow for a much greater variety of leases to be entered into for the benefit of Aboriginal people in these areas. This is a very important development in terms of landholding in the Northern Territory. Part of what this will then allow for, as I mentioned in my opening remarks, is the finalisation of the regional partnership agreement for Groote Eylandt, the largest island in the Gulf of Carpentaria. This agreement includes 40-year township leases in relation to a number of communities on Groote Eylandt in accordance with an agreement that was signed between all the parties on 20 May this year. So this is important in providing for greater flexibility of landholding and leases in the Northern Territory.

Schedule 2 provides a number of technical amendments to the Northern Territory National Emergency Response Act 2007. At its heart there are provisions here which allow for payment amounts in relation to five-year leases. This has particular application for Canteen Creek, where the payments in relation to five-year leases will be amended. This is done in a way which will ensure that there will not be any interruption to the native title claim which exists there.

Schedule 3 of the current bill amends schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976. This is the amendment contained in this bill which deals with 13 national parks. It will enshrine in law an agreement between the Northern Territory government, the Commonwealth government and the traditional landowners of these 13 parks and reserves that had previously been the subject of land claims under the act. In March 2005, under the Northern Territory parks act, the Northern Territory government requested the Commonwealth to schedule in the land rights act the list of those 13 parks which are included in that parks act and, in doing so, effectively make them Aboriginal land. Upon the successful passage of this bill, the Northern Territory government will lease these parks on a 99-year basis, allowing them to operate as national parks.

That is a summary of the particular provisions of this bill. But, as I said at the outset, the bill forms part of an extensive suite of activity that the Rudd government is engaging in in relation to Indigenous affairs. Of course, that started in this place on 13 February this year with the apology to the stolen generations, which was a momentous occasion in this country and clearly a watershed in the relationship between Indigenous and non-Indigenous Australia.

In entering into such an important step as the apology to the stolen generations, which opens the door for the first time in a significant way the ability for non-Indigenous and Indigenous Australians to cooperate in relation to Indigenous affairs, it is important that this is backed up by a raft of practical measures. That has been done by the Rudd Labor government through a program which we have described as ‘closing the gap’. Closing the gap is a very important step forward in terms of addressing the gap that exists between Indigenous and non-Indigenous Australia in a range of health and social indicators and, in particular, life expectancy, where there is a 17-year gap between Indigenous and non-Indigenous Australia.

In addition to the apology and in addition to the programs seeking to close the gap between Indigenous and non-Indigenous Australia in terms of all of those social outcomes, the budget played a very special role. The budget this year committed $1.2 billion in spending to try and improve the situation of Indigenous Australia. In the Northern Territory alone, there has been a commitment of $666.1 million to improve the situation of Indigenous Australia. This includes $3.4 million for early childhood development services, $74.2 million for leadership and governance programs, $75 million for welfare reform, $113.3 million for health services, $168 million for employment and pre-employment services, $78 million for community safety and policing and $154.2 million to expand various educational opportunities. In total, that is a commitment of $666.1 million to Indigenous affairs in the Northern Territory.

Across the country beyond the Northern Territory there have also been a number of measures put in place in this budget. They include $56.4 million for literacy and numeracy programs, $122.7 million to improve child and maternal health services, $15.7 million for counselling services, $160 million for land and sea country Indigenous partnerships, $41.6 million for the very important Cape York welfare reform trial, $49.3 million for Indigenous drug and alcohol services, $33.5 million to address drivers of Indigenous chronic disease, $10 million to establish the Indigenous Mothers Accommodation Fund, $16.6 million for Indigenous early development and learning services, $29 million for infrastructure investment in Indigenous areas, $7.6 million for national arts and craft industry support programs, $5.5 million for additional funding for resourcing of native title claims and $6.1 million to continue the Australian Public Service Indigenous Employment Strategy.

That is a very long and comprehensive list of activity on the part of the Rudd Labor government in relation to Indigenous affairs. In total, beyond the Northern Territory, that amounts to a commitment of $554 million of spending in relation to Indigenous affairs. Adding the Northern Territory commitment to that, there is a total commitment in this budget of $1.2 billion. That is a very important commitment to addressing Indigenous affairs in this country and to closing the gap. In conclusion, this bill forms part of the suite of activity that is being undertaken by the Rudd Labor government in relation to Indigenous affairs in this country and I very much commend it to the House.

John Murphy (Lowe, Australian Labor Party, Parliamentary Secretary to the Minister for Trade) Share this | Link to this | Hansard source

I would like to thank all the members who have participated in this debate and particularly my parliamentary colleague sitting at the table, the member for Casey, for his cooperation in this. The Indigenous Affairs Legislation Amendment Bill 2008 amends legislation in relation to Aboriginal land in the Northern Territory in order to provide greater flexibility in dealings with land owned or controlled by Aboriginal people. The aim of these changes is to facilitate an improvement in housing and infrastructure, including through the provision of more options to provide security of tenure for government providers of facilities.

This bill allows traditional Aboriginal owners more flexibility under the Aboriginal Land Rights (Northern Territory) Act 1976 for dealing with township leases. Township leases will now be set at a minimum term of 40 years. There will also be provision for the renewal of township leases up to a total of 99 years. The legislative changes proposed will allow leases to be tailored for specific communities. In particular, it will allow for an agreed new township lease covering communities in the Groote Eylandt region.

Other provisions in this bill allow the Executive Director of Township Leasing to hold other types of leases or subleases over land primarily held for the benefit of Aboriginal people. The purpose of this change is to give Aboriginal landholders the option of entering into a lease with an independent statutory office holder, rather than directly with government. As proposed by this bill, changes to the Northern Territory National Emergency Response Act 2007 will provide a framework for negotiation of payments to landholders for five-year leases. This will encourage a negotiated approach which will diminish the likelihood of action through the courts.

Finally, the bill amends the Aboriginal Land Rights (Northern Territory) Act 1976 to allow for 13 further areas of Aboriginal land to be granted. Granting these parks and reserves will enable the government to finalise an agreement struck in September 2003 between the Northern Territory government and the traditional Aboriginal owners of the land. This is consistent with the government’s approach of resolving Indigenous land claims by agreement, wherever possible, and not through the courts. As a result of the agreement, the 13 parks and reserves will be operated as national parks to provide long lasting enjoyment for all Australians.

Bill agreed to.

Bill read a second time.

Message from the Governor-General recommending appropriation announced.