Chris Evans (WA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Hansard source

Pursuant to contingent notice, I, and also on behalf of Senator Bartlett and Senator Siewert, move:

That it be an instruction to the committee of the whole that:

(1)

The Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 be divided into two bills, as follows:

(a)

a Bill for an Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976, and for other purposes; and

(b)

a Bill for an Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976, to restrict certain entitlements of traditional Aboriginal land owners and for other purposes.

(2)

The first bill consist of the enacting words, clauses 1, 2 and 3 and Schedule 1, all items except: item 46, section 19A; items 50 and 51; item 52, section 21A; item 65, section 28C; items 172 to 186; and item 192, subsections 67A(12) to (17) of the original bill, renumbered as necessary; and that the second bill consist of: Schedule 1, item 46, section 19A; items 50 and 51; item 52, section 21A; item 65, section 28C; items 172 to 186; and item 192, subsections 67A(12) to (17) of the original bill, renumbered as necessary.

(3)

The following amendments be made to the second bill:

(a)

title, insert the title as shown in paragraph (1)(b) of this order;

(b)

after the title, insert the words of enactment; and

(c)

after the words of enactment, insert the following clauses:

1 Short title

This Act may be cited as the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 2) 2006.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

(4)

That the bill as amended by this order be printed.

I seek to have the Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 split in order to allow passage of those sections of the bill that have been the subject of proper consultation and negotiation with the key stakeholders in the Northern Territory and to defer those aspects of the bill which have been introduced by the government since late last year that they are still seeking to amend on the run today. I notice there are more amendments from the government circulating in the chamber, which I think reflects the difficulties with their position. They claim now to be responding to input from stakeholders. I think that proves my central point, which is that, if they had had that contact, that negotiation, that discussion, with stakeholders earlier, we would have a much better package before us today. The government are picking up bits and pieces as they go, trying to make the package have some sort of coherence. I do not think they are there yet. I do not think, though, it is beyond the wit of the government and the stakeholders in the Northern Territory to get this right. But it is not right now. It lacks legitimacy. It lacks the consent of traditional owners. Those sections of the bill ought not to proceed.

I was going to remind the minister that Galiwinku is right next to Wagga Wagga, if he was looking for it on the map! But the first thing is this: those parts of the bill that include amendments to the mining exploration and subleasing provisions of the act are broadly consistent with the joint submission made by the Northern Territory land councils and the Northern Territory government in 2003. Those amendments are strongly pro development and were achieved through a long process of consultation and negotiation. They demonstrate the capacity of all parties to negotiate to achieve appropriate changes which streamline economic development and protect the interests of the traditional owners. They have the broad support of the traditional owners and mining interests, and Labor has confirmed its support for those provisions.

I think when you examine what the minister said in his closing remarks you will see he makes the case for the consultation, the negotiation and the long process. That is right, Minister, but it is only partly right. It is right for that part of the bill. Those things that arose out of the negotiations in the Northern Territory are the part of the bill that Labor stands ready to pass today. But that same process of negotiation, of discussion, of gaining the consent of traditional owners, has not occurred with these other parts of the bill. Senator Scullion may shake his head. He did not do us the courtesy of turning up to the committee inquiry.