Rod Kemp (Victoria, Liberal Party, Minister for the Arts and Sport) Share this | Hansard source

Senators who wished to speak in this debate on the Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 have now had a chance to put their views. Let me record my appreciation for the speech of Senator Scullion, which was in many ways quite a visionary speech and one which is strongly rooted in his very deep experience in the Northern Territory. I congratulate Senator Scullion for the work and the thinking which has gone into developing his own position on this bill.

The changes to the Aboriginal Land Rights (Northern Territory) Act are fundamentally designed to give Aboriginal people more choice. The act has been largely unchanged, as many senators have noted, since 1976. Many of its provisions are, of course, now outdated and paternalistic. I think this was a point that Senator Scullion made in his remarks. It is time that the Aboriginal people were given the opportunity to make their own decisions. This legislation will help Aboriginal Australians in townships on Aboriginal land in the Northern Territory to enjoy the same opportunities as other Australians. They will be able to own their own homes and obtain secure title to land for business or community purposes.

We are not saying that these amendments are a panacea for the economic woes of Indigenous Territorians. Obviously, economic independence requires education, good health and decent housing. But changes to land tenure will indeed make a difference. Around one-third of Indigenous Australians own or are buying their own home. With our support, the proportion is growing. But on Aboriginal land in the Northern Territory this is not the case because of land tenure problems. Imagine the difference it would make if, over time, 10 per cent, 20 per cent, 30 per cent or more of these people enjoyed the benefits of homeownership. This is not about hurtling into the unknown. The model that we are aiming for is the normal Australian town where people are able to make their own way in the world.

The reforms implemented by the bill before the Senate have been under consideration for nine years and have followed extensive consultations with all stakeholders. In October and November last year, the government made detailed public announcements about the changes. I can report to the Senate that the consultation process has led to a narrowing of differences among stakeholders. This next point is a particularly important point, and I draw it to the attention of Labor senators: almost all the measures in the bill are supported by the Northern Territory government, including the township leasing scheme, which it put forward, and the disposal of certain land claims, such as those to the intertidal zone.

I am also pleased to report that the Northern Territory land councils, which represent Aboriginal people living on Aboriginal land in the Northern Territory, also supported the majority of the reforms. In particular, most of the changes related to the streamlining of the mining provisions and improved administration and accountability were put forward by the Northern Territory government and the land councils. On behalf of the government, I want to compliment the land councils for their constructive engagement in the lead-up to the bill. They have shown enthusiasm for improving economic outcomes and a willingness to devolve decision making to local people. While they may have issues with the removal of the statutory funding guarantee for administration, they have accepted the concept of outcome based funding because they are prepared to be assessed on what they achieve for Aboriginal people in the Northern Territory.

The government is particularly pleased that, with some qualifications, the Northern Land Council supports the township leasing scheme. It advanced the argument that led to the proposed amendment to remove the five per cent cap on rental returns to traditional owners. Senator Scullion referred in his remarks to the constructive approach that the Northern Land Council is taking in relation to the administration of the permit system. While there are some areas where we differ, the mature relationship that we have with the land councils means that we will continue to listen to them and remain open to further sensible changes.

We have continued to take into account the views expressed by key stakeholders during the passage of this bill. In the House of Representatives, the government moved a number of amendments to the bill related to the mining provisions and the township leasing scheme based on suggestions made by the Northern Territory government. In this chamber, we will be proposing further amendments—in particular, the removal of the rental cap for township leases.

In relation to the delegation of land council powers to regional groups, the government is not planning to fragment the current decision-making structures. If regional groups apply to the land councils to have powers delegated to them so that they can make decisions locally and the land council refuses, it is fair and appropriate that they have recourse to a review mechanism which will assess their capacity to exercise those powers. In such circumstances, if the land council has made a reasonable decision to refuse to delegate its powers, there is no reason to imagine that a minister would not support the land council position.

There have been suggestions that the government should split the bill to allow passage of some of the provisions of the bill while other provisions are subject to further consultation. The government believes that the whole bill should be enacted as soon as possible to provide Aboriginal people in the Northern Territory with the opportunities offered by the township leasing scheme.

I remind the Senate that entering into a township lease will be voluntary. No-one will be forced to agree to such a lease. However, we believe that the opportunity should be available as soon as possible, particularly given the fact that the communities are already involved in discussions concerning township leases. The Tiwi Land Council has signed an agreement with the Australian government to negotiate a township lease and the Galiwinku community in Arnhem Land is actively considering the opportunities of such a lease. Other communities have expressed interest, including communities on Groote Island. Splitting the bill would delay this considerable momentum for change that is building up at the community level.

We believe that there has been more than sufficient consultation on the reforms outlined in the bill. As I said earlier, the government has made changes to the bill to take into account views expressed by stakeholders, including changes in relation to the township leasing scheme. There will be continuing discussions with stakeholders on the implementation of that scheme and other aspects of the bill following its passage through parliament.

Some people in this debate have described this bill as paternalistic. It is the opposite. It is about allowing people living on Aboriginal land to make their own decisions. Indigenous Business Council chairman Joseph Elu once said that we should stop wrapping Indigenous people in cotton wool. Will some people make mistakes? Of course they will. Will the majority make the right choices? Undoubtedly.

After 30 years, the land rights act has been a great success in delivering almost half of the Northern Territory to Aboriginal traditional owners. It has not been successful in generating economic wealth and independence for the people who live there. This bill will help spread the entrepreneurial culture exemplified by people like the late Mr Lee from the Jawoyn Association in Katherine and other prominent Indigenous Territorians. This bill will help people to follow in their footsteps. I commend the bill to the Senate. It is a very important bill. It is one which there has been widespread debate about. As I have outlined, the government has involved itself in very extensive consultations with key stakeholders. Now is the time for action and I hope that we can have a speedy passage of this bill through the Senate.

Question agreed to.

Bill read a second time.