Department of the Legislative Assembly, Northern Territory Government

Mr LUGG - 1997-11-27

I have followed the native title debate with some concern. It seems now, given the machinations of the Northern Land Council in particular, that claims are possible over freehold title. Does this mean that our backyards are at risk, that our homes are at risk and our businesses are at risk?

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Mr Stirling interjecting.

Mr LUGG: Is the Chief Minister able to shed any light on this situation?

ANSWER

Madam Speaker, I will pick up the interjections from the member for Nhulunbuy who said: 'Yep, yep, yep'. He said it 3 times. The reality is ...

Mr Ah Kit interjecting.

Mr STONE: Madam Speaker, I am sure that people listening to this broadcast are interested in this answer. This is a very topical issue that is being debated in our federal parliament.

Mr Ah Kit: Pauline raised that at a CLP function.

Madam SPEAKER: Order!

Mr STONE: To pick up the interjection from the member for Arnhem, it was he who invited Pauline Hanson to the Territory.

Mr Ah Kit interjecting.

Madam SPEAKER: Order! The member from Arnhem will be quiet.

Mr Ah Kit interjecting.

Madam SPEAKER: Order!

Members interjecting.

Madam SPEAKER: Order!

Mr STONE: Madam Speaker, I certainly thought it was beyond doubt. Surely, after all we have been through, a person's home, a person's business, a person's private property, if it was held on freehold title, was beyond reach. But then again, I had thought that pastoral leases extinguished native title. Why did I think that?

Ms Martin: You are supposed to be a lawyer. You are supposed to understand the legal process.

Mr STONE: It was because the Labor Prime Minister of the day, Paul Keating - if the member for Fannie Bay will listen - told me that pastoral leases extinguish native title. In fact, it went further. It went into the preamble to the Native Title Act.

Mr Bailey: You told us the heritage law protected buildings.

Madam SPEAKER: Order!

Mr STONE: In recent days, we have received correspondence ...

Members interjecting.

Mr STONE: ... from one of the land councils which is ...

Mr Stirling interjecting.

Mr STONE: ... running the argument that, if land has been freehold and ...

Mr Ah Kit interjecting.

Mr STONE: This is an important issue, Madam Speaker.

Madam SPEAKER: Order! Members of the opposition, people may like to hear this answer. You are continually interjecting. At least pay the courtesy to this House of allowing people to hear the answers to questions. I know it is not a question put by the opposition, but you would like the same courtesy to be accorded to a question and reply of your own.

Mr Bailey: We do not have the ability to answer questions.

Madam SPEAKER: Do not talk back to me, thank you.

Mr STONE: It is very hard to deal with people who are rude by nature, Madam Speaker. I will continue with the answer ...

Mr Bailey: I would rather be rude than arrogant any day, Shane.

Madam SPEAKER: Order! Member for Wanguri, I am warning you. If you continue in this vein, you will be out. Stop it.

Mr STONE: In recent days, we have had representations from one of the land councils that runs the argument that freehold land that is compulsorily acquired by government and converted back to government land - or crown land as we call it - is subject to revived native title. If that argument is correct, the consequences are absolutely dire

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because, in effect, the next leg of that argument is that freehold title has not extinguished native title.

Members interjecting.

Mr STONE: You can laugh. You are the ones who supported these absurd native title claims. You are the ones who have stood up for it. There has even been a native title claim over the roundabout in Alice Springs. It has been claimed for exclusive use.

The Labor Party supports these sorts of claims. The Labor Party told us pastoral leases extinguish native title. It was wrong. The assurances from Paul Keating, and even the preamble in the legislation, were all found to be wanting. We now have the try-on of the revival of native title on land that was freehold. What do we all own with our own homes? Freehold! What do we own with our own businesses? Freehold!

Ms Martin: Rubbish!

Mr STONE: You can say rubbish, but the former Leader of the Opposition said in this Chamber that pastoral leases extinguish native title. The Leader of the Opposition is nodding her head because she knows he said that. You are doing the same thing now. You are saying this is scaremongering. Once bitten, twice shy. That bid has been made by your land council mates. Who sits in your front row but the former executive director of the Northern Land Council? He is running your agenda. You are a bunch of puppets, and you believe everything he tells you. Territorians and all Australians have good reason to be concerned. The member for Nelson was quite right to raise this issue this morning.

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Last updated: 09 Aug 2016