Matt O'Sullivan (WA, Liberal Party) Share this | Hansard source

I rise today to speak on the Native Title Amendment (Infrastructure and Public Facilities) Bill 2020. This bill amends the Native Title Act 1993 to extend the operation of subdivision 24JAA for another 10 years, extending a sunset clause that was last legislated in 2010. Now, for those listening at home, section 24JAA provides, through legislation, a process to assist the timely construction of public housing, staff housing and limited classes of public facilities by or on behalf of the Crown, or a local government body, or by other statutory authorities of the Crown in any of its capacities. It's for Aboriginal and Torres Strait Islander people in communities on Indigenous held land.

It's important to note at this point that the operation of this amendment applies only to land, because the operation of this law applies to the construction of facilities and buildings. It is incompatible with native title areas offshore, for obvious reasons. Acts relating solely to offshore places are covered by subsection (n).

Section 24JAA operates as an important mechanism between an Indigenous land use agreement and compulsory acquisition, enabling future acts to be done legally and validly, and processing critical Indigenous housing and infrastructure construction in a timely and, importantly, effective manner. This is achieved while also safeguarding native title rights. Without the provision, the alternatives are to enact an Indigenous land use agreement that, as those who have been involved in this space will know, can take a very, very long time to finalise. In fact it can take years to finalise, or it may not be able to be finalised at all. Compulsory acquisition is the other option, but that will extinguish native title. So these options really are not acceptable when Indigenous communities require housing or other essential infrastructure services now.

In accordance with the established non-extinguishment principle of the Native Title Act, the bill continues to ensure that native title is not extinguished by the production of public housing and infrastructure and that the provision provides for the compensation. Extending the operation of section 24JAA for a further 10 years will support relevant authorities to continue to meet unmet public infrastructure needs, while also continuing to safeguard the rights and interests of native title holders and claimants. Limiting the period of the extension to a further 10 years provides the opportunity to reassess the need for provision of this in the future, and it will allow the government to make changes, as appropriate, at the time, as was done 10 years ago.

There are many types of facilities that may be provided under section 24JAA. This includes public housing for Aboriginal and Torres Strait Islander people living in or in the vicinity of native title areas. It enables public education and health facilities, police and emergency facilities, that principally are there primarily for the benefit of Aboriginal and Torres Strait Islander peoples living in the areas, to be included—