Mr ADAMSON - 1997-06-17
Has he analysed the current spate of land claims, lodged just prior to the sunset clause deadline of the Land Rights Act? How realistic are those claims? What plan of action is the Territory adopting to deal with this issue?
ANSWER
Mr Speaker, I have indeed spent a considerable time assessing the potential impact of the 86 new land claims lodged by the Northern Land Council and the Central Land Council in the final days and hours before the sunset clause in the Land Rights Act came into effect at midnight on 5 June 1997. The extent of those claims was of some surprise although the member for Arnhem, the former executive director of the Northern Land Council, obviously had been privy to what had been planned. That demonstrates the way that the Labor Party works hand-in-glove with the land councils. The member for Arnhem may well laugh, but the reality is that the Labor Party works in tandem with the land councils. They work together. They have a partnership running. The member was down at Timber Creek gathering all the information. Either he did not tell his leader or, when she went on the radio, she pretended she did not know what was about to happen. The fact that the Leader of the Opposition elected to go public and put a particular line demonstrated that she probably was privy at the time to what the land councils were up to.
Coming back to the issue of those 86 new land claims, much of the land under claim has already been subject to judicial determinations or indications that such land is not claimable. I have sought urgent legal advice as to the options available for having those claims struck out and declared null and void. Action will be taken to confirm the extent of the Aboriginal Land Commissioner's jurisdiction in obtaining declarations as to the status of each category of land. For example, there has been a High Court decision already which determined that land held by the Conservation Land Corporation was not available for claim. Nevertheless, some 24 of the claims are over land of that nature, including the specific area that was the subject of the High Court's determination. A further 21 claims include land held by the Northern Territory Land Corporation, a body set up under statutory provisions identical to those governing the Conservation Land Corporation.
Claims also appear to have been made over stock routes even though the Aboriginal Land Commissioner is prevented under the act from hearing such claims. These claims appear to be a deliberate and cynical attempt to exploit the possible flaw in the Commonwealth legislation in that, although claims cannot proceed, it is arguable that claims can still be lodged and the effect of section 67A of the act is that the Territory is prevented from dealing with the land. In other words, because of the wide-ranging nature of these claims, the Territory government effectively cannot treat or deal with land that we desperately need to start turning off projects that will generate jobs for Territorians. There can be no reason for these kinds of claims other than to frustrate and impede development and land administration in the Territory. What the Territory needs is cooperative, constructive, positive partnership with all sectors who comprise our community.
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The member for Arnhem can laugh. He has been at the forefront of driving the land councils to make these ridiculous ambit claims. We do not need deliberate acts of vandalism by the land councils, aided and abetted by the Labor Party, that have been made in bad faith and intended solely to damage and destroy relationships. The lodgment of these claims has few peers in the history of the Territory as an act of miserable, negative, unconstructive behaviour, and that is the way that Territorians see it. Never has there been a better reason to examine the role of the land councils and their running mate, the Labor Party in the Territory, and the way in which they have so utterly failed to deliver to or serve their constituents - Aboriginal Territorians. With respect to the possible flaw in the Land Rights Act, the Territory had already taken action with the federal government before the latest raft of claims. I am confident that the federal government will amend the Aboriginal Land Rights Act
to get rid of this deliberate abuse of process.
Other areas under claim include the territorial seabed, seas, beds and banks of rivers, and certain roads. Territorians would understand the implication of that. Most of these categories have been considered already by commissioners who have indicated that they are not available for claim. The claims are being investigated, and I have requested advice in respect of each and every one, with instructions to take action to have all the invalid claims struck out and declared invalid. There is a great cost involved in obtaining that legal advice and setting people to work. We will spend hundreds of thousands of dollars in taking to task the land councils and the Labor Party. That is money that could have been spent in other areas of need in the Territory. Instead, it will be frittered away on legal actions and legal advice, all because members opposite in the Labor Party continue to encourage and support the land councils in these ridiculous ambit claims.
Let me turn to the possible interim effect of the claims. It may be argued that the lodging of claims triggers the freeze which prevents the Territory from dealing with the land until the time when the claims are disposed of in some way. Where this is used to prevent the Territory from proceeding with projects and development, and where there is subsequent loss and damage, I have expressly sought advice as to the prospect of pursuing those who have lodged wrongful claims for any loss suffered and costs expended. In other words, if there is an avenue to commence civil litigation against the land council concerned, with a view to recovering damages for what has been done to the Territory economy, I will not hesitate to go down that path. I have issued instructions for investigations to be carried out into the way in which the claims were lodged because - make no mistake - where there is evidence of bad faith, we will take action against the perpetrators.
If the member for Arnhem, a former executive member of the Northern Land Council, is implicated in any of this, he will end up wearing it too. He cannot continue to come into this Chamber and pretend to stand up for Territorians when he is in the back room working with the land councils, with the consent and support of the Leader of the Opposition, to do the Territory over. Members will recall that it was executive members of the Northern Land Council who told us that the Territory government was just baby-sitting the Territory and that it was only a matter of time before there would be a black state. We would be moved to one side and they would take over. That has been said in a number of forums and it has appeared in print. Darryl Pearce reproduced it in print and he is a former executive member of the Northern Land Council.
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Finally, I should mention that I have already had a meeting with the Prime Minister and we have discussed this latest raft of claims. Senior Northern Territory government officials also have discussed the issue with officers of the federal government. The federal government has indicated that it shares the Territory's concerns and will support the appropriate remedies. Following receipt of advice and a comprehensive analysis of the claims, Cabinet will determine the most appropriate and effective response to the latest challenge to our future.
Mr Ah Kit interjecting.
Mr STONE: The member for Arnhem has trotted that out for 2 elections in a row - for 7 years. People are really not that interested. What they are interested in is the way that the Labor Party, over 20 years, has consistently encouraged the land councils to bring these ridiculous ambit claims that lead nowhere. Consider the money that is wasted in fending off these claims. As it is, 51% of the Territory is already claimed under the Aboriginal Land Rights Act and 49% now is either claimed under native title or pursuant to the sunset clause. How can members opposite sit there in all conscience and effectively consent to the Territory being given away? I can tell them what Territorians want - they want jobs for their children and jobs for their grandchildren. They want certainty. They do not want the Labor Party working hand-in-glove with the land councils, destroying what is one of the leading economies in Australia today.
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ANSWER
Mr Speaker, I have indeed spent a considerable time assessing the potential impact of the 86 new land claims lodged by the Northern Land Council and the Central Land Council in the final days and hours before the sunset clause in the Land Rights Act came into effect at midnight on 5 June 1997. The extent of those claims was of some surprise although the member for Arnhem, the former executive director of the Northern Land Council, obviously had been privy to what had been planned. That demonstrates the way that the Labor Party works hand-in-glove with the land councils. The member for Arnhem may well laugh, but the reality is that the Labor Party works in tandem with the land councils. They work together. They have a partnership running. The member was down at Timber Creek gathering all the information. Either he did not tell his leader or, when she went on the radio, she pretended she did not know what was about to happen. The fact that the Leader of the Opposition elected to go public and put a particular line demonstrated that she probably was privy at the time to what the land councils were up to.
Coming back to the issue of those 86 new land claims, much of the land under claim has already been subject to judicial determinations or indications that such land is not claimable. I have sought urgent legal advice as to the options available for having those claims struck out and declared null and void. Action will be taken to confirm the extent of the Aboriginal Land Commissioner's jurisdiction in obtaining declarations as to the status of each category of land. For example, there has been a High Court decision already which determined that land held by the Conservation Land Corporation was not available for claim. Nevertheless, some 24 of the claims are over land of that nature, including the specific area that was the subject of the High Court's determination. A further 21 claims include land held by the Northern Territory Land Corporation, a body set up under statutory provisions identical to those governing the Conservation Land Corporation.
Claims also appear to have been made over stock routes even though the Aboriginal Land Commissioner is prevented under the act from hearing such claims. These claims appear to be a deliberate and cynical attempt to exploit the possible flaw in the Commonwealth legislation in that, although claims cannot proceed, it is arguable that claims can still be lodged and the effect of section 67A of the act is that the Territory is prevented from dealing with the land. In other words, because of the wide-ranging nature of these claims, the Territory government effectively cannot treat or deal with land that we desperately need to start turning off projects that will generate jobs for Territorians. There can be no reason for these kinds of claims other than to frustrate and impede development and land administration in the Territory. What the Territory needs is cooperative, constructive, positive partnership with all sectors who comprise our community.
Page 2147
The member for Arnhem can laugh. He has been at the forefront of driving the land councils to make these ridiculous ambit claims. We do not need deliberate acts of vandalism by the land councils, aided and abetted by the Labor Party, that have been made in bad faith and intended solely to damage and destroy relationships. The lodgment of these claims has few peers in the history of the Territory as an act of miserable, negative, unconstructive behaviour, and that is the way that Territorians see it. Never has there been a better reason to examine the role of the land councils and their running mate, the Labor Party in the Territory, and the way in which they have so utterly failed to deliver to or serve their constituents - Aboriginal Territorians. With respect to the possible flaw in the Land Rights Act, the Territory had already taken action with the federal government before the latest raft of claims. I am confident that the federal government will amend the Aboriginal Land Rights Act
to get rid of this deliberate abuse of process.
Other areas under claim include the territorial seabed, seas, beds and banks of rivers, and certain roads. Territorians would understand the implication of that. Most of these categories have been considered already by commissioners who have indicated that they are not available for claim. The claims are being investigated, and I have requested advice in respect of each and every one, with instructions to take action to have all the invalid claims struck out and declared invalid. There is a great cost involved in obtaining that legal advice and setting people to work. We will spend hundreds of thousands of dollars in taking to task the land councils and the Labor Party. That is money that could have been spent in other areas of need in the Territory. Instead, it will be frittered away on legal actions and legal advice, all because members opposite in the Labor Party continue to encourage and support the land councils in these ridiculous ambit claims.
Let me turn to the possible interim effect of the claims. It may be argued that the lodging of claims triggers the freeze which prevents the Territory from dealing with the land until the time when the claims are disposed of in some way. Where this is used to prevent the Territory from proceeding with projects and development, and where there is subsequent loss and damage, I have expressly sought advice as to the prospect of pursuing those who have lodged wrongful claims for any loss suffered and costs expended. In other words, if there is an avenue to commence civil litigation against the land council concerned, with a view to recovering damages for what has been done to the Territory economy, I will not hesitate to go down that path. I have issued instructions for investigations to be carried out into the way in which the claims were lodged because - make no mistake - where there is evidence of bad faith, we will take action against the perpetrators.
If the member for Arnhem, a former executive member of the Northern Land Council, is implicated in any of this, he will end up wearing it too. He cannot continue to come into this Chamber and pretend to stand up for Territorians when he is in the back room working with the land councils, with the consent and support of the Leader of the Opposition, to do the Territory over. Members will recall that it was executive members of the Northern Land Council who told us that the Territory government was just baby-sitting the Territory and that it was only a matter of time before there would be a black state. We would be moved to one side and they would take over. That has been said in a number of forums and it has appeared in print. Darryl Pearce reproduced it in print and he is a former executive member of the Northern Land Council.
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Finally, I should mention that I have already had a meeting with the Prime Minister and we have discussed this latest raft of claims. Senior Northern Territory government officials also have discussed the issue with officers of the federal government. The federal government has indicated that it shares the Territory's concerns and will support the appropriate remedies. Following receipt of advice and a comprehensive analysis of the claims, Cabinet will determine the most appropriate and effective response to the latest challenge to our future.
Mr Ah Kit interjecting.
Mr STONE: The member for Arnhem has trotted that out for 2 elections in a row - for 7 years. People are really not that interested. What they are interested in is the way that the Labor Party, over 20 years, has consistently encouraged the land councils to bring these ridiculous ambit claims that lead nowhere. Consider the money that is wasted in fending off these claims. As it is, 51% of the Territory is already claimed under the Aboriginal Land Rights Act and 49% now is either claimed under native title or pursuant to the sunset clause. How can members opposite sit there in all conscience and effectively consent to the Territory being given away? I can tell them what Territorians want - they want jobs for their children and jobs for their grandchildren. They want certainty. They do not want the Labor Party working hand-in-glove with the land councils, destroying what is one of the leading economies in Australia today.
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Last updated: 09 Aug 2016