Land Rights Amendment Bill Ignores Indigenous Rights

Senator Trish Crossin says the passing of the Northern Territory Land Rights Amendment Bill by the Senate today is another sign that this Federal Government wants to silence Indigenous Territorians and override many of their rights to their traditional lands without consultation.

The Government has chosen to completely ignore the opposition expressed by Aboriginal people in the Northern Territory to many elements of this legislation.

"Even the Minerals Council of Australia, in its submission* to the Senate Inquiry into the bill attacked the changes to the structure of Land Councils as 'counterproductive, destabilising and unworkable'” Senator Crossin said.

The Minerals Council also noted that Aboriginal Benefits Account (ABA) monies generated from royalties to compensate for mining on Aboriginal land would now to be used 'as a substitute for government shortfall in funding basic social services to communities, that is, that government may use ABA monies to fund government services that should be funded by mainstream programs'.

"The controversial 99 year leasing provision for Aboriginal townships is just one of the functions to be paid for out of ABA monies. The surveying of towns and even the rent will be paid out of ABA funds.

"The new leasing provisions compared to arrangements that could be made under the existing Act dramatically lessen the balance of power of traditional owners to have a say over their land once they agree to an initial head lease.

"Senator Scullion in his speech on the amendments shamelessly used the example of leasing arrangements made under the existing legislation to justify diminishing the role of traditional owners under the new bill. This shows how little he understands the legislation that he was party to.

"The government repeatedly denied calls to split this bill to allow the improvements to the mining provisions to be passed while the contentious areas undergo more consideration. One of these is the extinguishment of land claim and granted by the Land Commissioner and awaiting the signature of the Minister. These claims will no longer be valid even though they have undergone scrutiny and granted.

"It is indeed a sad day not just for Aboriginal Territorians but for all Territorians when a piece of legislation that is so fundamental to the Northern Territory and our economy is dramatically changed along ideological grounds with little appreciation of its long term effects and no opportunity for genuine informed consent by the people most concerned," Senator Crossin said.

2006-08-10