Graham Perrett (Moreton, Australian Labor Party) Share this | Link to this | Hansard source

I rise in support of the Aboriginal Land Rights (Northern Territory) Amendment (Scheduling) Bill 2024. I'd like to acknowledge the hard work and dedication of the former minister for Indigenous Australians, Linda Burney, who moved this matter forward, and the new minister, the marvellous Minister McCarthy, who is progressing the legislative amendments. At the heart of this bill is Labor's recognition and ongoing support of the rights of First Nations people to own and control their traditional lands. At the heart of this whole piece of legislation is recognising history, recognising truth, recognising facts.

This bill amends schedule 1 of the act and supports the finalisation of the land claim for approximately 484,000 hectares of unalienated Crown land near the Canteen Creek community. Canteen Creek is known locally as Owairtilla and lies about 270 kilometres south-east of Tennant Creek in the Barkly region of the Northern Territory. The Albanese Labor government has introduced this bill to support the implementation of the Canteen Creek Area Indigenous Land Use Agreement, which was entered into by the Northern Territory and the Central Land Council in 2020. An Indigenous land use agreement, or ILUA for those that don't work in this area of law, is a voluntary agreement between native title parties and other peoples or bodies about the use and management of areas of land or waters. It's actually very common, particularly in the mining industry. In fact, when I worked in that area, there were even ILUAs that covered all of Queensland for certain agreements.

This ILUA resolves the native title rights and interests over all the land within the Canteen Creek township boundary. In the case of the Canteen Creek area, this bill finalises the Wakaya Alyawarre land claim under the Aboriginal Land Rights (Northern Territory) Act 1976, also known as the land rights act. The people of the Wakaya and Alyawarre language groups have a strong connection with this land which is linked with emu and many other dreamings. They have been waiting for decades for their land claim to be finalised, with land claims beginning in 1980 and 1990. The land rights act is a federal law that is unique to the Northern Territory. It is a piece of legislation that was drafted by the Whitlam government and introduced to parliament in October 1975, and this largely unchanged legislation was subsequently passed by the Fraser government in 1976. I particularly praise Malcolm Fraser for his work with First Nations people.

This was the first legislation in the country to enable First Nations people to claim land rights for country—as in the part of Australia they belong to—where traditional ownership could be proven. At its centre is a recognition of First Nations spiritual and cultural affiliation with the land. It's a concept touched on in song. As a property lawyer, as a conveyancing lawyer, my idea was to get people to own land, whereas for some First Nations people it's about the concept of belonging to the land.

In Queensland we have something that is not a little bit dissimilar: the deed of grant in trust lands, or DOGIT lands. But the background there is a little bit more problematic, because DOGIT lands were often a dumping ground for various First Nations people, where they were removed from country and then dumped in one area, often a mission. So, DOGIT land is slightly different. But the Land Rights Act has enshrined Aboriginal land as private property, which its traditional owners hold collectively through a unique form of freehold title. The land cannot be sold or mortgaged. The former conveyancing lawyer in me loves this stuff, but obviously it's not everyone's cup of tea.

The Land Rights Act also established four land councils, including the Central Land Council. The Central Land Council is responsible for the southern half of the Northern Territory. Under the act, the Central Land Council consults traditional Aboriginal landowners and other Aboriginal people who have an interest in Aboriginal land about proposals for the use of that land and assists with land claims and management. It also: supervises and assists Aboriginal land trusts; assists with the economic development of land and promotes community development; administers permits to visit Aboriginal land; and protects Aboriginal culture and sacred sites. I know there is much work taking place in terms of the green energy transition regarding returns to traditional owners that can come through having wind farms and solar panels on land that export electricity.

With the passing of this bill, the Wakaya Alyawarre land will be granted as Aboriginal land to an Aboriginal land trust. The land trust will hold inalienable freehold title for the benefit of the traditional First Nations owners and other First Nations people who have an interest in the land. This bill is supported by stakeholders, having been through the ILUA execution process with the Central Land Council. This includes all reasonable efforts to identify impacted people and a timeframe for objections to be raised. The only impacts will be minor, as the Aboriginal Land Trust will be required to comply with the provisions of the Land Rights Act.

It's also important to consider this bill in regard to the Closing the Gap framework. The National Agreement on Closing the Gap includes 19 names that have an impact on life outcomes for Aboriginal and Torres Strait Islander people. Outcome No. 15 is that people maintain a distinctive cultural, spiritual, physical and economic relationship with their land and waters. So, even if you're not living in that area you still are able to maintain some of those other aspects as outlined in No. 15 of the Closing the Gap targets. The corresponding target is set for 2030 and is twofold. Firstly, it aims for a 15 per cent increase in Australian landmass that is subject to Aboriginal and Torres Islander people's legal rights or interests. Secondly, it aims for a 15 per cent increase in areas covered by Aboriginal and Torres Strait Islander people's legal rights or interests in the sea.

According to the Productivity Commission, as at 30 June 2023 more than 4.2 million square kilometres of the landmass of Australia and more than 113,000 square kilometres of the sea country of Australia were subject to Aboriginal and Torres Strait Islander people's rights or interests. The Productivity Commission notes that the targets are on track to being met, and this bill is another important step in that journey. With land-tenure certainty comes economic opportunity.

This bill affirms that the Albanese Labor government is committed to finalising land claims in the Northern Territory under the Land Rights Act. The settling of land rights matters enables traditional owners to maintain their distinctive cultural, spiritual, physical and economic relationship to the land. I commend the bill to the House.

Darren Chester (Gippsland, National Party, Shadow Minister for Regional Education) Share this | Link to this | Hansard source

I wish to speak in relation to the Aboriginal Land Rights (Northern Territory) Amendment (Scheduling) Bill 2024. The effect of the bill would be to add an area of vacant crown land near the Aboriginal community of Canteen Creek to part IV of schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976. As we've just heard, this bill resolves the Wakaya Alyawarre land rights claim and would allow the land to be granted to an Aboriginal land trust as inalienable Aboriginal freehold land. In order for this agreement to be completed, the Commonwealth parliament must directly amend the land rights act.

The initial agreement was between the Central Land Council and the Northern Territory Labor government. Following the recent election in the Northern Territory, we have consulted with the new CLP government in relation to the proposal and the government is supportive of this bill being passed. The Northern Territory government has advised that, if passed, the bill would not have any impact on pastoral interests. Further, it poses no issue to mining or energy interests. We recognise this bill will provide certainty to both the Northern Territory government and the township. In this regard, we note that housing and commercial development projects often require land lease terms which are significant in length in order for the project to proceed. If this bill is successful—which we believe it will be—it will allow for this kind of development and investment in the region.

Despite the fact that there are benefits to this bill, we are concerned that the Albanese government refused to refer this bill to a committee for further examination. When the bill was introduced in the Senate, the coalition requested that it be referred to the Finance and Public Administration Legislation Committee. The Albanese government's refusal to refer this bill to the committee was, in our opinion, a wasted opportunity. The reality is that the land rights act, which is amended by this bill, has been in operation now for nearly 50 years and is in need of review and revision. This bill provides a timely opportunity to examine whether the land rights act remains fit for purpose. It provides an opportunity to consider whether it still serves in the interests of Indigenous Australians to the furthest extent possible or whether it could be more effective.

The land rights act provides a unique opportunity for Indigenous Australians in the Northern Territory. It should be a springboard for wealth, health and improved quality of life. However, the reality is that Indigenous Australians in the Northern Territory are not the most advantaged in the country, far from it. In fact, some Indigenous Australians in the Northern Territory are our most disadvantaged, most marginalised and most vulnerable.

This is a point the coalition often raises when addressing Indigenous disadvantage in this place—that our focus needs to be where the gap is, in fact, the greatest. We know that three per cent of the Australian population is Indigenous, but it is only around 20 per cent of that total which is actually marginalised. But the situation in the Northern Territory is particularly bad. The 2024 Aboriginal and Torres Strait Islander Health Performance Framework reveals that Indigenous Australians in the Northern Territory experience the greatest area-level disadvantage compared with other jurisdictions around Australia. The disparity is concerning, given the opportunity that the land rights act provides for this to not be the case. It demonstrates that things are not working the way they should be for our most vulnerable and marginalised Indigenous Australians.

This is just one reason why revisiting the operation of the land rights act would have been beneficial in this case. An examination of the land rights act would also have been important because of its role in governing Northern Territory land councils. We believe the operation of land councils is, in large part, causing traditional owners in the Northern Territory to be land rich but dirt poor. The councils often make it functionally impossible for land to be utilised for economic development. We are seeing lease processing times of up to 666 days in some land councils, which is simply unacceptable. However, not all land councils have these problems. Therefore, we know it would be possible for things to be better if the legislation were actually reviewed. Further, we believe that some of the larger Northern Territory land councils are hindering opportunity in the community.

Despite the Territory having comparable wealth due to its resources, the Northern Territory only sees a fraction of the mining and energy projects that a place like Western Australia has. The Northern Territory should be more like Western Australia than the ACT, due to our environments and resources, yet this simply isn't the case in the Territory at the moment. Again, this is why the reference of this bill to a committee would have been a beneficial step.

If we want to empower Indigenous Australians to achieve economic independence and to stand on their own two feet, we need to be willing to examine the existing structures like the land councils. If those structures aren't able to be effective and efficient, they shouldn't exist. But the kneejerk type responses which we see time and again from the Albanese Labor government, which simply create more layers of government, just aren't going to cut it. These are some of the most powerful and important decision-making bodies in the Northern Territory, and this bill could have ensured the land councils were examined if it, in fact, had gone to a committee for review.

The truth is that opportunity abounds in the Northern Territory, and that opportunity should be used, and could be used, to improve the situation of the most marginalised Indigenous Australians in the Northern Territory, who live in highly disadvantaged areas at a greater rate than those in other parts of the country. But the Albanese government shut the chance of that down when it refused to refer this bill to a committee. Therefore, while the coalition does support this motion, we feel it is necessary to have highlighted these points about the need for the land rights act to be revisited as a matter of urgency for the sake of our most marginalised Indigenous Australians.

Patrick Gorman (Perth, Australian Labor Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

In summing up this debate, I want to thank members for their contributions on the proposed Aboriginal Land Rights (Northern Territory) Amendment (Scheduling) Bill 2024. As has been highlighted, this bill adds an area of land to schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976, the land rights act. This enables the grant of land to an Aboriginal land trust and finalisation of the Wakaya Alyawarre (Repeat) Land Claim. The land in question comprises approximately 484,000 hectares near Canteen Creek community in the Barkly region of the Northern Territory. It is approximately 275 kilometres south-east of Tennant Creek.

I want to acknowledge the contributions of the member for Gippsland, who noted that this provides certainty to the Northern Territory government and that they have provided their support. I also want to thank members of the coalition for their support on this bill and to note, as the member for Gippsland just did—in his words—that this brings both economic and social benefits to the communities affected. It is also consistent with our commitments, which have been endorsed in this place, to Closing the Gap and with our commitments and obligations under that partnership.

I want to thank my friend the member for Moreton for his contribution noting that this is about ownership and control.

Honourable Member:

An honourable member interjecting—

Patrick Gorman (Perth, Australian Labor Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

I agree; it was a brilliant contribution from the member for Moreton. He also talked about recognising history. This bill is about recognising history and what was here long before any of us came into this place—long, long before. He talked about the importance of the traditional owners, recognising that, while this is about them having custody of that land, they see themselves as belonging to the land. Again, I thank him for talking about the extensive consultations and also the benefits for community development that this bill will enable.

The government remains committed to progressing unresolved land claims in the Northern Territory. It's all part of our determination to increase First Nations land rights and their interests in land, sea and country when it comes to meeting the National Partnership Agreement on Closing the Gap. This recognises the many social, economic and cultural benefits that can only be achieved from land ownership and continuing connection to country.

I acknowledge that for the traditional owners this land has significant emu dreaming associations and many other dreamings. I'd like to thank the traditional owners, the Central Land Council, and the Northern Territory government for their work in finalising the Indigenous land use agreement that supports this bill. This bill paves the way for finalisation of the longstanding Aboriginal land claim. I commend the bill to the Chamber.

Question agreed to.

Bill read a second time.

Ordered that this bill be reported to the House without amendment.