Nigel Scullion (NT, Country Liberal Party, Minister for Community Services) Share this | Hansard source

I would like to commend Senator Evans on his contribution. It encapsulates the reasons that the government will not be supporting this amendment either. It is very clear that, according to our convention, we would not support amendments that are unnecessary. Australian Democrats amendment (4), which would establish a new body that would have to be consulted in relation to township leases, would only serve to create another unnecessary level of red tape. I support Senator Evans’s point about process, that it is inappropriate to have a whole new level of people from outside that would deal with issues that, fundamentally, should be decided on by the land councils, the landowners.

I also note that section 19A of the Aboriginal Land Rights (Northern Territory) Act already sets out comprehensive procedures that must be followed when a township lease may be granted. Township leases can be granted only at the direction of land councils and with the consent of a minister. Most importantly, a land council must be satisfied that adequate consultation has taken place and that the traditional owners understand the nature of the lease and the nature of the agreement prior to their consent. Also, other people in the community who may be affected by the township lease have to be consulted and the terms and conditions of the township lease have to be reasonable. That has already been encapsulated within section 19A of the Aboriginal land rights act. For this reason, we think that it is an unnecessary amendment. As I said, we will not be supporting it on that basis. (Quorum formed)