Mr DUNHAM - 1998-02-24
Last week, he advised this Chamber that native title claims were being made over freehold title land. Can he advise whether further claims have now been made, including claims over freehold land, and the implications of those claims for the homes and businesses of Territorians?
ANSWER
Madam Speaker, when I advised the House last week of the claims that had been made on freehold land, I was treated with great derision by the opposition, as though I had been making it up. The member for Fannie Bay nods her head. I hope she has taken the opportunity to find out a little about the submissions that were made last week by lawyers representing the Northern Land Council in the Federal Court. I hoped that the shadow attorney-general, and perhaps the shadow minister for lands, would make inquiries. From their vacant faces, it appears that they have not.
What is quite clear is the strength of the argument that is being put that freehold title - the very title on which we have our homes and our businesses - does not necessarily extinguish native title, notwithstanding that we might have exclusive possession. However, the argument was extended further as the week wore on because the proposition was put that it was not simply a case of being able to bring a claim, but also the strength of the submission that, once a claim had been accepted, the claimants could have a say in what a person could do with their own freehold title. In other words, the claimants were entitled to be consulted and they were entitled to express a view that would be taken notice of as to how a particular piece of land might be developed or indeed redeveloped.
That should be of concern to all members of this Chamber - and I am pleased to see the member for Nhulunbuy nodding - because it is an important issue ...
Mr Stirling: No, I did not.
Mr Bailey: The Chief Minister is trying to mislead the radio listeners.
Mr STONE: He was nodding. The video of proceedings will show that he was nodding. When I said that he was nodding, he realised what he was doing and he froze. I welcome the member for Nhulunbuy's support in understanding the gravity of the situation. This is not something that we should make light of because we now find that all these historical freehold blocks in the port area have been the subject of claim.
Mr Toyne interjecting.
Mr STONE: The member for Stuart interjects. I guess he feels able to do that in the safe knowledge that he will return to Alice Springs. He probably is not too concerned about what happens to industrial and port development in the Top End. Projects that are founded on
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freehold land and that will generate hundreds and ultimately thousands of jobs for Territorians are at risk because people cannot develop the land they have paid for. If members opposite believe that is fair and just, quite clearly we are operating on a different understanding of where the Territory is headed in the time ahead.
Ms Martin: You are playing politics.
Mr STONE: The member for Fannie Bay can interject and pooh-pooh it all she wants. I say to members opposite that they should go down to the port, look at the land, talk to the people who own the land and talk to the people who work in those businesses. There is no need to accept my word. Listen to their story about how their livelihoods and their businesses are being put at risk because of these spurious ambit claims. I do not understand why the Labor Party in the Territory continues to defend them. They have no merit but, as long as they are on the books, these Territory business people cannot take a step forward.
Ms Martin: No, you're making it up.
Mr STONE: The member for Fannie Bay says I am making it up. I will send her a copy of the transcript from the Federal Court and the submissions that have been made on behalf of the land councils. When will Labor stand up for the Territory business community? When will it nail its colours to the mast and defend Territory business people and the jobs they create and generate?
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ANSWER
Madam Speaker, when I advised the House last week of the claims that had been made on freehold land, I was treated with great derision by the opposition, as though I had been making it up. The member for Fannie Bay nods her head. I hope she has taken the opportunity to find out a little about the submissions that were made last week by lawyers representing the Northern Land Council in the Federal Court. I hoped that the shadow attorney-general, and perhaps the shadow minister for lands, would make inquiries. From their vacant faces, it appears that they have not.
What is quite clear is the strength of the argument that is being put that freehold title - the very title on which we have our homes and our businesses - does not necessarily extinguish native title, notwithstanding that we might have exclusive possession. However, the argument was extended further as the week wore on because the proposition was put that it was not simply a case of being able to bring a claim, but also the strength of the submission that, once a claim had been accepted, the claimants could have a say in what a person could do with their own freehold title. In other words, the claimants were entitled to be consulted and they were entitled to express a view that would be taken notice of as to how a particular piece of land might be developed or indeed redeveloped.
That should be of concern to all members of this Chamber - and I am pleased to see the member for Nhulunbuy nodding - because it is an important issue ...
Mr Stirling: No, I did not.
Mr Bailey: The Chief Minister is trying to mislead the radio listeners.
Mr STONE: He was nodding. The video of proceedings will show that he was nodding. When I said that he was nodding, he realised what he was doing and he froze. I welcome the member for Nhulunbuy's support in understanding the gravity of the situation. This is not something that we should make light of because we now find that all these historical freehold blocks in the port area have been the subject of claim.
Mr Toyne interjecting.
Mr STONE: The member for Stuart interjects. I guess he feels able to do that in the safe knowledge that he will return to Alice Springs. He probably is not too concerned about what happens to industrial and port development in the Top End. Projects that are founded on
Page 9
freehold land and that will generate hundreds and ultimately thousands of jobs for Territorians are at risk because people cannot develop the land they have paid for. If members opposite believe that is fair and just, quite clearly we are operating on a different understanding of where the Territory is headed in the time ahead.
Ms Martin: You are playing politics.
Mr STONE: The member for Fannie Bay can interject and pooh-pooh it all she wants. I say to members opposite that they should go down to the port, look at the land, talk to the people who own the land and talk to the people who work in those businesses. There is no need to accept my word. Listen to their story about how their livelihoods and their businesses are being put at risk because of these spurious ambit claims. I do not understand why the Labor Party in the Territory continues to defend them. They have no merit but, as long as they are on the books, these Territory business people cannot take a step forward.
Ms Martin: No, you're making it up.
Mr STONE: The member for Fannie Bay says I am making it up. I will send her a copy of the transcript from the Federal Court and the submissions that have been made on behalf of the land councils. When will Labor stand up for the Territory business community? When will it nail its colours to the mast and defend Territory business people and the jobs they create and generate?
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Last updated: 09 Aug 2016