Mr MITCHELL - 1995-10-11
Yesterday, the Northern Land Council condemned the Northern Territory government for treating the native title process with contempt in relation to the construction of Darwin's new port at East Arm. A media release quoted the Director of the Northern Land Council, Mr Darryl Pearce, as saying: `The government made little or no effort to notify the Larrakia people of the proposed acquisition of their native title rights before proceeding with the acquisition late last year'. Were the Larrakia people notified of the proposed acquisition? What has occurred in the intervening period?
ANSWER
Mr Speaker, I was stunned by the media release that was issued by the NLC because it was plainly not truthful. The government acquired all outstanding interests in East Arm, including native title interests, on 30 September 1994, and notices were served between 23 and 26 September 1994. I table a schedule of those who received a notice, including the Northern Land Council, the Larrakia Association, Mr Billy Risk and other claimants.
The notices were accompanied by a personalised pro-forma letter. To give an example, this is a copy of the one that went to Darryl Pearce, the Director of the Northern Land Council. It is dated 23 September 1994:
Please find attached a notice of proposal which relates to a proposed acquisition of any interests in the area
of East Arm outlined in green on the plan. The area is to be utilised for the new port facility to service the
Northern Territory.
The Northern Territory government wishes to ascertain if there is any interest held in the land. You are
asked, in your capacity as a councillor for Aboriginal people, to provide a copy of the enclosed Notice of
Proposal to all members of your association whom you consider have an interest in this area. If you have
any queries, please contact me on 89 5568.
Mr Speaker, I table a copy of the letter to Darryl Pearce and also a copy of the letter that went to the President of the Larrakia Association.
Unfortunately, the media release issued by the NLC is completely at odds with the facts. I know that, in the past, we have suggested that, in the case of the NLC, the left hand does not know what the right hand is doing but, in this instance, the left hand does not know what the left hand is doing. It is a matter of some concern for the claimants or their representatives to suggest that they have never been notified because it is simply not true. The government's action was entirely consistent with and in accordance with the Native Title Act and, with the knowledge of the Northern Land Council, the government and the Larrakia Association have had direct negotiations, exploring the possibility of a regional agreement including the issue of East Arm.
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If there is determination of native title for the area, the claim will be converted to a claim for compensation, and acceptance of the claim will not delay the port or its operation. I want to stress that point because I know that, as a result of the way this was reported by the media last night, there is grave concern in the commercial sector that somehow the completion of the port project and its subsequent operation has now been placed at risk. That is not the case.
I have written today to the President of the Larrakia Association seeking clarification of his alleged quote in the NLC press release. Perhaps the release was issued following some degree of frustration on the part of the Larrakia regarding the lack of progress in relation to a negotiated settlement of their claim. I understand that. I have met on a number of occasions with the Larrakia people who are starting to gain the impression, I am sure, that no great priority or interest is being paid to their concerns by those whom they thought would be representing their case. I can understand their frustration, but it is time to sheet this home to where it belongs - to the federal government, not the Northern Territory government. The major reason why we are not making any progress on regional agreements in the Territory is that the federal Labor government seems to have little interest in such agreements. Despite correspondence to the Prime Minister and despite negotiations and discussions at officer level, it does not want to know about it. That is a tragedy because we have the very rare circumstance of the land councils, the regional ATSIC councils and the Northern Territory government asking to talk about regional agreements, yet the federal government does not want to know anything about the matter, at least not this side of a federal election.
The Labor government in Canberra introduced the native title legislation, no doubt thinking that it would work. It has not worked and the whole package is starting to fall apart at the seams. We are not alone in saying that. Aboriginal spokespersons are making the same statement. It is simply not workable, and it is time that Paul Keating was prepared to pay a little more interest to this whole issue. I have 2 messages for the representatives of the NLC and the Larrakia Association. The first is that, if they intend to issue a media release of that kind, they should get their facts right because it does undermine commercial confidence in what we are trying to do in the Territory. Secondly, they should start knocking on the right doors, and the right doors are in Canberra, not Darwin.
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ANSWER
Mr Speaker, I was stunned by the media release that was issued by the NLC because it was plainly not truthful. The government acquired all outstanding interests in East Arm, including native title interests, on 30 September 1994, and notices were served between 23 and 26 September 1994. I table a schedule of those who received a notice, including the Northern Land Council, the Larrakia Association, Mr Billy Risk and other claimants.
The notices were accompanied by a personalised pro-forma letter. To give an example, this is a copy of the one that went to Darryl Pearce, the Director of the Northern Land Council. It is dated 23 September 1994:
Please find attached a notice of proposal which relates to a proposed acquisition of any interests in the area
of East Arm outlined in green on the plan. The area is to be utilised for the new port facility to service the
Northern Territory.
The Northern Territory government wishes to ascertain if there is any interest held in the land. You are
asked, in your capacity as a councillor for Aboriginal people, to provide a copy of the enclosed Notice of
Proposal to all members of your association whom you consider have an interest in this area. If you have
any queries, please contact me on 89 5568.
Mr Speaker, I table a copy of the letter to Darryl Pearce and also a copy of the letter that went to the President of the Larrakia Association.
Unfortunately, the media release issued by the NLC is completely at odds with the facts. I know that, in the past, we have suggested that, in the case of the NLC, the left hand does not know what the right hand is doing but, in this instance, the left hand does not know what the left hand is doing. It is a matter of some concern for the claimants or their representatives to suggest that they have never been notified because it is simply not true. The government's action was entirely consistent with and in accordance with the Native Title Act and, with the knowledge of the Northern Land Council, the government and the Larrakia Association have had direct negotiations, exploring the possibility of a regional agreement including the issue of East Arm.
Page 841
If there is determination of native title for the area, the claim will be converted to a claim for compensation, and acceptance of the claim will not delay the port or its operation. I want to stress that point because I know that, as a result of the way this was reported by the media last night, there is grave concern in the commercial sector that somehow the completion of the port project and its subsequent operation has now been placed at risk. That is not the case.
I have written today to the President of the Larrakia Association seeking clarification of his alleged quote in the NLC press release. Perhaps the release was issued following some degree of frustration on the part of the Larrakia regarding the lack of progress in relation to a negotiated settlement of their claim. I understand that. I have met on a number of occasions with the Larrakia people who are starting to gain the impression, I am sure, that no great priority or interest is being paid to their concerns by those whom they thought would be representing their case. I can understand their frustration, but it is time to sheet this home to where it belongs - to the federal government, not the Northern Territory government. The major reason why we are not making any progress on regional agreements in the Territory is that the federal Labor government seems to have little interest in such agreements. Despite correspondence to the Prime Minister and despite negotiations and discussions at officer level, it does not want to know about it. That is a tragedy because we have the very rare circumstance of the land councils, the regional ATSIC councils and the Northern Territory government asking to talk about regional agreements, yet the federal government does not want to know anything about the matter, at least not this side of a federal election.
The Labor government in Canberra introduced the native title legislation, no doubt thinking that it would work. It has not worked and the whole package is starting to fall apart at the seams. We are not alone in saying that. Aboriginal spokespersons are making the same statement. It is simply not workable, and it is time that Paul Keating was prepared to pay a little more interest to this whole issue. I have 2 messages for the representatives of the NLC and the Larrakia Association. The first is that, if they intend to issue a media release of that kind, they should get their facts right because it does undermine commercial confidence in what we are trying to do in the Territory. Secondly, they should start knocking on the right doors, and the right doors are in Canberra, not Darwin.
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Last updated: 09 Aug 2016