Nigel Scullion (NT, Country Liberal Party, Deputy Leader of the Nationals) Share this | Hansard source

Perhaps, Senator Brown, I can assist. First of all, I am not sure if you were in the Senate but I have commended, as I think the government has, Senator Ludlam on the motive for this—to ensure that we are making sure that the consent process, which is laid down under section 77A of the Aboriginal Land Rights (Northern Territory) Act 1976, is adhered to. Could I just point you to this legislation before us under Division 1—Nomination by a Land Council, section (f)(iii) where it says:

… the traditional Aboriginal owners as a group have consented to the proposed nomination being made (that consent as a group being determined in accordance with section 77A of the Aboriginal Land Rights (Northern Territory) Act 1976) …

and goes on, in (iv), to say:

… any Aboriginal community or group that may be affected by the proposed nomination has been consulted and has had adequate opportunity to express its view to the Land Council.

I would submit that this is, in this piece of legislation, almost identical—certainly in intent to ensure that it is absolutely clear that any nomination, in terms of the free, prior and informed consent, is actually already dealt with in the legislation that we are looking at today.