David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

The government opposes the Democrat opposition to items in schedule 1. These changes would remove the provisions in the bill that put beyond doubt the validity of the current South Australian section 43 determinations in relation to mining and opal mining, which had the effect of replacing the Native Title Act ‘right to negotiate’ provisions with a ‘right to negotiate’ regime under South Australian legislation. I understand that the South Australian regimes have been operating effectively for over 11 years now. The Senate Standing Committee on Legal and Constitutional Affairs has noted its support for the enactment of these provisions, given that the amendments simply seek to place on a firm footing the understanding that parties have been operating in accord with to date.

The amendments in the bill will also provide for the inclusion in state or territory legislation of conjunctive agreement or expedited procedure provisions of the kind already included in the Native Title Act. Section 26D(2) and section 32, for example, would not in future preclude a determination being made under section 43 of the act.