Jacinta Nampijinpa Price (NT, Country Liberal Party, Shadow Minister for Indigenous Australians) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for the Environment and Water, Minister McAllister. A meeting is planned for the 121 New South Wales Aboriginal land councils in Orange to discuss the implications of Minister Plibersek's decision to block the Regis goldmine. Minister, do you accept that this decision by Minister Plibersek has caused serious concern among elected New South Wales land councils by undermining 40 years of New South Wales land rights legislation?

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

Thank you, Senator Nampijinpa Price, for the question. As you are aware, we've talked about this issue in this chamber for a number of weeks now in response to questions asked by people opposite. As I've made clear repeatedly, on this side of the chamber we apply the law, and there are a range of reasons why it should be obvious to those opposite that that is an important principle. In a decent society, the law is not an instrument to be weaponised, and we know what happens when governments don't apply the law—when governments take a different approach. We know what that looks like. We've seen it. It looks like robodebt. It looks like resources allocated on the basis of colour coded spreadsheets. It looks like car parks and sports rorts all over again. Working outside the law is a dangerous way to operate. It is a recipe for uncertainty and it's designed—

Hon. Senators:

Honourable senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Minister, please resume your seat. Order across the chamber! Minister, please continue.

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

It's a dangerous way to operate and it's a recipe for uncertainty that will scare off investment—

Sue Lines (President) Share this | Link to this | Hansard source

Minister, please resume your seat. Senator Nampijinpa Price?

Jacinta Nampijinpa Price (NT, Country Liberal Party, Shadow Minister for Indigenous Australians) Share this | Link to this | Hansard source

President, it's just a point of order on direct relevance to the question. The minister appears to be veering away from answering the question.

Sue Lines (President) Share this | Link to this | Hansard source

I believe the minister is being relevant to the question but I will continue to listen closely to the answer.

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

Thank you, President. As I was indicating, the approach that we take in this and all other decisions is to apply the law, and the minister has been very clear about that. Now, doubtless, that will excite strong views. There will always be people in communities who seek to see projects go ahead and there will always be people in communities who oppose projects for a variety of reasons, and we're always interested in the opinions of all stakeholders. Indeed, it is why, in considering the particular project that your question refers to, Senator, the minister took advice from a range of organisations, and the advice I have was that— (Time expired)

Jacinta Nampijinpa Price (NT, Country Liberal Party, Shadow Minister for Indigenous Australians) Share this | Link to this | Hansard source

Minister, within those 121 land councils I referred to, does the government accept the assessment of the Bowraville land council CEO, Phillip Hall, a veteran of the 1965 Freedom Ride, that this decision causes a lot of confusion and it brings division within the community?

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

Senator, I did see those remarks reported in the media this morning, and, as I was indicating in my answer to your primary question, of course decisions like this draw attention from a range of people in the community. It was certainly the case when a similar decision was made by Ms Ley in the previous government, under the same act, under the same section. There were a range of opinions in the local community, some supportive, some very disappointed. But the fact remains that the act requires the minister to consult on the application before her, and in this case she did so. She took advice from three different Indigenous organisations in the local area, as I understand it, and the advice I have is that two of them were opposed and one of them was neutral. And that was amongst the evidence considered by Ms Plibersek in making the decision that she made under the law.

Jacinta Nampijinpa Price (NT, Country Liberal Party, Shadow Minister for Indigenous Australians) Share this | Link to this | Hansard source

Will the minister seek out a meeting with these groups to hear their concerns?

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

Again—and I refer to the answers I've already provided—the government is aware that the protection of cultural heritage and the way that we approach that inevitably is of interest for all Australians, and we are of course interested in the views, most particularly, of First Nations groups in New South Wales and across the country. I think most people in this chamber will recall that after the destruction of Juukan Gorge all major parties—yours, ours—agreed that that couldn't happen again, and both parties agreed at that time that there were opportunities—

Sue Lines (President) Share this | Link to this | Hansard source

Minister, please resume your seat. Senator Nampijinpa Price?

Jacinta Nampijinpa Price (NT, Country Liberal Party, Shadow Minister for Indigenous Australians) Share this | Link to this | Hansard source

Once again, it's a point of order on relevance. The question was: would the minister seek out these bodies and hear their concerns—a simple yes or no.

Sue Lines (President) Share this | Link to this | Hansard source

I will draw the minister to your question.

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

Thanks very much, President. As I indicated, this chamber has had the opportunity previously to consider the need for reform to cultural heritage arrangements, and, as I understand it, there is a bipartisan understanding that such reform should take place, and consultation will be core to that. (Time expired)