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Parliamentary Questions


Question Without Notice No. 661 asked in the Legislative Council on 23 June 2020 by Hon Robin Chapple

Parliament: 40 Session: 1

NATIVE TITLE AGREEMENTS

661. Hon ROBIN CHAPPLE to the minister representing the Minister for Aboriginal Affairs:

My question is to the parliamentary secretary representing the Minister for Aboriginal Affairs.

I refer to the meeting of this house assembled on Wednesday, 17 June 2020, and specifically my address to the Legislative Council at 1.04 pm. I also refer to the article in the National Indigenous Times of 21 June 2020 by Wayne Bergmann titled ''Rio Tinto silencing Traditional Owners in agreement making process''.

(1) If the minister is not aware of the items referenced, will he please avail himself of them?

(2) Does the minister understand that such limitations placed on traditional owners are a standard feature of the current commercial agreements?

(3) Is it conscionable that such agreements circumvent protections under the Racial Discrimination Act and other instruments that ensure equal dignity and liberty under law for traditional owners?

(4) Does the minister understand that such agreements deny access, guardianship and authority over a citizen's ancestral country and waters?

(5) If yes to (4), what can be done to resolve the issue?

(6) Will the minister call for a royal commission into the manner in which industry has manipulated the Native Title Act to circumvent the Racial Discrimination Act?

Hon STEPHEN DAWSON replied:

I thank the honourable member for some notice of the question. The member addressed his question to the parliamentary secretary representing the Minister for Aboriginal Affairs. Of course, honourable member, I, as Minister for Environment, represent the Minister for Aboriginal Affairs, not the parliamentary secretary. I further advise that the following information has been provided to me by the Minister for Aboriginal Affairs.

(1)–(6) The minister is aware that traditional owners and land use proponents, including mining companies, enter into native title agreements in relation to matters that impact on the heritage of those traditional owners. The minister has previously stated that he wants to see impacts to Aboriginal sites limited to the most practical extent possible and is also a great believer in self-determination for Aboriginal people and supports native title groups using their rights to make agreements with land users. He is cautious about governments and well-meaning third parties interfering in private negotiations, whether by registered native title holders or other Aboriginal bodies that choose to enter into agreements in relation to their country. Neither the minister nor the Department of Planning, Lands and Heritage is privy to such agreements.