Attachment to The National
Indigenous Working Group (NIWG) Media Release 5 July 1998, contact Clair
Colyer (0419) 239 219
The Prime Minister's agreement with Senator Harradine on native title has been wrongly portrayed as a workable solution which is fair to indigenous peoples. That is not the case -- in reality, this is still the unfair Ten Point Plan with some minor changes. |
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1. Validation of illegal grants from 1.1.94-23.12.96 | Yes -- in full |
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2. Extinguishment of Native Title on so-called "exclusive tenures" | Yes
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3. Winding back native title for provision of Government Services | Yes. | *
Governments can go ahead with any project they classify as providing a
Government service
* Right to negotiate no longer applies and legal protection of native title is reduced. |
* An effective right to negotiate should apply |
4. Upgrading pastoral leases | Yes
-- full primary production upgrades allowed, BUT
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5. Limited Statutory Access Rights | Yes
-- BUT
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6. Winding back native title rights in relation to future mining activity. | Yes
-- BUT although Government has removed right to negotiate in many cases
there will be some consultation rights
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7. Compulsory acquisition of native title for Government and Commercial Development | Yes -- same as above. |
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8. Winding back native title re management of water resources and air space. | Yes |
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9. Harsher registration test and Sunset Clause -- re "Management" of Claims | Yes
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10. Land Use Agreements | Yes |
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National
Indigenous Working Group on Native Title
PO Box 201, Deakin West, ACT 2600 Tel: 61 (2) 6234 3330 Fax 61 (2) 6282 4109. MEDIA RELEASE The National Indigenous Working Group has confirmed that indigenous Australians have adamantly rejected the Government's Native Title Bill and condemn the Government's "deal" on native title as a sell out of indigenous people that will prove unworkable. NIWG Executive Officer, Olga Havnen said: "In essence this bill is still the Government's unjust discriminatory Ten Point Plan with a few very minor concessions. "If passed by the Parliament, the bill will be a devastating blow for indigenous people," Ms Havnen said. "This legislation is about winding back our rights for the benefits of other interests, at immense cost to Australian taxpayers. The bottom line is that it amounts to legalised theft of our property rights. It is terribly unjust. "The Prime Minister, as he has done all along, has negotiated with other parties and excluded us totally from the process. Indigenous people in Australia have not consented to the way our property rights are being treated, and will not accept it. The Prime Minister has done irreparable damage to relations between the Government and indigenous people in this country. Ms Havnen said the NIWG did not believe the amendments would achieve a sustainable, workable outcome. "The 'lawyers picnic' is no longer a joke. The whole thrust of these amendments is to shift the approach of the Native Title Act away from mediation and negotiation into litigation," Ms Havnen said. Ms Havnen said the NIWG acknowledged the efforts of Senator Brian Harradine to mitigate the worst aspects of the Government's legislation, under pressure of the threat of a double dissolution. However, she said the Bill was now a legalistic nightmare which the Government would have to come back to in the future to resolve. "This bill will not resolve the issue -- it will create a mess of litigation and all kinds of administrative nightmares. "This political process has been so counterproductive and costly, not just financially, but for the well being of indigneous people at every level. The Government has used us as pawns in their political game." 5 July 1998
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