Senate debates
Wednesday, 15 August 2007
Social Security and Other Legislation Amendment (Welfare Payment Reform) Bill 2007; Northern Territory National Emergency Response Bill 2007; Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Bill 2007; Appropriation (Northern Territory National Emergency Response) Bill (No. 1) 2007-2008; Appropriation (Northern Territory National Emergency Response) Bill (No. 2) 2007-2008
In Committee
12:25 pm
Andrew Bartlett (Queensland, Australian Democrats) Share this | Hansard source
I, and also on behalf of Senator Evans, move Democrats amendment (3) on sheet 5340:
(3) Clause 35, page 32 (after line 26), at the end of the clause, add:
(12) The rights of traditional Aboriginal land owners, notwithstanding their absence from their traditional lands and in accordance with section 71 of the Aboriginal Land Rights Act 1976, continue despite this section.
I am moving this amendment jointly with Senator Evans. It is second best, or probably third best, compared with what we tried to achieve with our previous amendment. In many ways it has its own great significance. As I have emphasised a number of times, this debate is not just about the final legislation but the way the debate is conducted, the information that comes out in the debate and the attitudes that are displayed. I believe that one of the key issues is the ability to build—or, in many cases, to rebuild—trust and opportunities for cooperation at both community and leadership level. This amendment is important in that regard, because it is very straightforward and reaffirms and puts into law assurances that the government has given, including the assurances that the Minister for Community Services gave earlier today in responses to some of the questions that were put to him this morning.
This amendment goes to the section of the legislation regarding the grants of leases for five years, and it simply ensures that one of the conditions of the leases is that the rights of traditional Aboriginal owners will continue despite this section. The section as a whole deals with the terms and conditions of leases. The amendment is a simple way of reaffirming that the traditional rights of landowners will continue. This is something that the minister earlier sought to reassure the Senate will be the case. Putting it in the law would put that beyond doubt and, I suggest, would go some way towards increasing the ability of traditional owners to work cooperatively with government officials. I commend the amendment as eminently sensible, very fundamental and very valuable.
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