Senate debates

Monday, 19 August 2024

Questions without Notice: Take Note of Answers

Native Title

3:40 pm

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Hansard source

I move:

That the Senate take note of the answer given by the Minister for Indigenous Australians (Senator McCarthy) to a question without notice I asked today relating to native title.

My office has received many calls from Australians concerned about Aboriginal land claims becoming more numerous and related to widespread fear in the community. Some concerns relate to the more frequently occurring native title claims. Recently, I've become more aware of claims based on the Queensland state Aboriginal Land Act 1991.

For native title claims to take effect, a tribunal needs to determine and formally finalise them. A determined native title may be in two forms. Non-exclusive title is the most common form. It means that the native title holder is entitled to enter and share access to the land and is entitled to carry out cultural activities including camping, fishing, hunting and ceremonial activities. The native title holder is not able to exclude others from entering the land or to lease, sell or impose fees. Exclusive title is less common and means that the native title holder can enter the land and exclude others and can use the land for cultural purposes. They're not able to sell the land and may lease it out for commercial or other purposes. More than 50 per cent of the Australian mainland is now under native title.

A lesser-known form of Aboriginal land claim can be made pursuant to the Queensland state Aboriginal Land Act 1991. Under this act, the state government may give away Crown land or convert non-exclusive native title land into inalienable freehold land to an Aboriginal corporation. This would allow the title holder to do anything with the land except sell it. They could exclude others from accessing Aboriginal land. This process bypasses all requirements of the Native Title Act. Requirements to consult are more limited than those under the Native Title Act. That requires more open disclosure. There are currently 15 Queensland townships under attack using this method, which is often stealthy and secretive. This practice must stop as it's creating advantages based purely on race. Whose town is next?

Question agreed to.

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