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

Some questions were raised by Senator Evans just before we finished the debate on the bill yesterday. As Senator Evans is in the chamber, I think it is appropriate that I now respond to those questions. Senator Evans’s questions related to the intertidal zone claims. I can advise Senator Evans that the bill, through regulations, finally disposes of claims to the intertidal zone and to the beds and banks of rivers not contiguous to Aboriginal land or claimed land. These narrow areas of land are clearly inappropriate to grant, as the adjoining land is generally pastoral lease land and not Aboriginal land.

I make the point—and this would weigh more heavily with Senator Evans than with Senator Siewert—that the Northern Territory Labor government supports the disposal of these claims. The Aboriginal Land Commissioner has recommended that some of these claims be granted. However, while the land commissioner reports on traditional ownership, I am advised that it is up to the minister to decide whether to grant land, after considering the possible detriment to other parties. While the minister could decide not to grant these claims, the government’s view is that it would prefer the matter to be dealt with by legislation.

I make the point that the decision was announced almost one year ago, with the package of reforms in November 2006. I repeat that no property rights are being disposed of. I think that was one of the issues that Senator Evans was concerned about. Therefore, my advice to Senator Evans is that there is no issue of compensation. The land commissioner’s recommendation is just that: a recommendation. It has not always been up to the minister to decide whether or not to grant land. While it is not the general practice of the government to reveal its legal advice—this is something that I strongly support; and, in my time here in the Senate, governments have been very cautious on this front—in order to assist the debate, and with the genuine way that this question was asked, I can confirm for Senator Evans that we have legal advice that is clear on this matter. As the land in question is only land under claim, I repeat: there is no issue of ownership and therefore no issue of compensation.