Scott Ludlam (WA, Australian Greens) Share this | Link to this | Hansard source

asked the Minister representing the Minister for Resources and Energy, upon notice, on 26 March 2012:

With reference to the contract signed in June 2007 by the Commonwealth Government, the Muckaty Land Trust and the Northern Land Council, regarding the location of a nuclear waste dump:

(1) Did the Northern Land Council receive a payment of $200 000 upon the acceptance of the Muckaty Land Trust nomination.

(2) Did the Northern Land Council disburse funds exclusively to signatories on the contract, or have the power to distribute such funds to others at its discretion.

(3) Does the Northern Land Council have a liability in relation to these funds.

(4) If traditional owner signatories wish to withdraw from the contract, will: (a) recipients of funds; and (b) the Northern Land Council, be required to repay funds from the initial disbursement of $200 000.

Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Link to this | Hansard source

The Minister for Resources and Energy has provided the following answer to the honourable senator's question:

(1) Yes. It is noted that the Northern Land Council (NLC) provided detailed advice regarding this payment in oral testimony on 30 March 2010 to the Senate Legal and Constitutional Affairs Committee (at page 16 of transcript) and in a written response dated 28 April 2010 to questions on notice from the Committee (Senator Ludlam and Senator Crossin).

(2) The site nomination deed was signed by representatives of the Commonwealth, the NLC and the Muckaty Aboriginal Land Trust, rather than by individual traditional owners in their own right. This accords with the structure and requirements of the Aboriginal Land Rights (Northern Territory) Act 1976. The NLC provided detailed advice as to its disbursement of the funds in oral and written testimony to the Senate Legal and Constitutional Affairs Committee in 2010 (as referred to above).

(3) No.

(4) As explained above, individual traditional owners are not party to the deed under the Aboriginal Land Rights (Northern Territory) Act 1976. Accordingly, any question of such persons withdrawing from it (or associated liability as to payments received) does not legally arise.