Chapter 1

Aboriginal Land Rights and Other Legislation Amendment Bill 2013

The referral

1.1        On 21 March 2013, on the recommendation of the Selection of Bills Committee and upon introduction to the House of Representatives, the Senate referred the provisions of the Aboriginal Land Rights and Other Legislation Amendment Bill 2013 (the bill) to the Community Affairs Legislation Committee for inquiry and report by 25 June 2013.[1]

Conduct of the Inquiry

1.2        The committee advertised the inquiry in the national press and on its website. A number of stakeholders were also invited to make submissions. The committee receive 4 submissions relating to the bill (listed at Appendix 1), which are available for viewing on the committee's website at:

https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Completed_inquiries/2010-13/landrights/index

1.3        The committee thanks submitters for their contribution and participation in the inquiry process, and the Department of Families, Housing, Community Services and Indigenous Affairs (the department) for responding to the committee's questions.

Background

1.4        Jabiru is located in the Kakadu National Park in the Northern Territory. It lies 250km east of Darwin, on the Arnhem highway.

1.5        Jabiru is part of Mirarr country which also 'encompasses the Ranger and Jabiluka Mineral Leases', and 'parts of Kakadu National Park, including the wetlands of the Jabiluka billabong country and the sandstone escarpment of Mount Brockman.'[2]

1.6        The town of Jabiru was built in 1982 to accommodate the workers of the Ranger Uranium Mine, however in recent years it has also become a popular tourist centre due to its proximity to the Kakadu National Park.

1.7        Unlike the surrounding areas of Kakadu, Jabiru and two adjacent blocks of land were not scheduled as Aboriginal Land when the first stage of Kakadu was declared in 1979.[3]

1.8        In 1997 Yvonne Margarula, Irene Nayinggul and Raymond Gamarrawu, on behalf of the Mirarr Gundjehmi people, lodged a Native Title claim for Jabiru and the adjacent blocks of land.[4]

1.9        After what was the longest running native title claim in the history of the Northern Territory, the claim was adjourned by consent in November 2009.[5] Further negotiations resulted in a settlement agreement between the Federal and Northern Territory governments and the Mirarr traditional owners on 25 November 2009:[6]

Mirarr traditional ownership will be recognised by a grant of Aboriginal land under the Northern Territory Aboriginal Land Rights Act, with an immediate 99 year leaseback of the Jabiru township to the Executive Director of Township Leasing.[7]

1.10      Jabiru and the two adjacent blocks of land are currently deemed to be owned freehold by the Director of National Parks.

Purpose of the Bill

1.11      The amendments proposed by the bill would add the town of Jabiru and two adjacent portions of land to Schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976. This gives effect to the settlement agreement for the Jabiru native title claim and will enable the land to be granted as Aboriginal land to the Kakadu Aboriginal Land Trust once leaseback arrangements are in place.[8]

1.12      The amendments proposed by the bill would also add a further parcel of land at Patta, near Tennant Creek in the Northern Territory, to Schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976 and will enable the land to be granted as Aboriginal land to the Warti-Yangu Aboriginal Land Trust.

1.13      Other amendments proposed by the bill would apply to the Environment Protection and Biodiversity Conservation Act 1999 and  ensure that management and town plans for Jabiru would not compromise the world heritage, natural and cultural values of Kakadu National Park.[9]

1.14      In her second reading speech for the bill, Minister Macklin said that '[t]he bill will provide for long term certainty and security of land tenure for Jabiru' and 'builds on the government's commitments to hand over land in the Northern territory to its traditional owners.'[10]

1.15      All submitters supported the bill. A number of points were made that foreshadowed issues that may arise if the bill is passed, or relate to future governance of the land in question. The committee recognises the importance of these matters, but confined its consideration to the clauses of the bill.

Issue with the bill

1.16      One substantive issue with the bill was raised by the Northern Territory government. While agreeing with its intent, the Northern Territory was concerned about how the land affected was described in the bill. It stated that 'the Northern Territory remains concerned that the Bill does not provide a proper description of any of the areas of land proposed to be scheduled' and that the land should be described as:

(a) the whole of Northern Territory Portion 7126 delineated on Survey Plan 520111202 lodged with the Surveyor-General, Darwin, and containing an area of approximately 3.96 hectares; and

(b) the whole of the land listed in Attachment A; and

(c) the whole of Northern Territory Portion 7127 delineated on Survey Plans 520111203A and 3.201212038 lodged with the Surveyor-General, Darwin, and containing an area of approximately 5469 hectares.[11]

1.17      The committee wrote to the department asking for a response to the Northern Territory's concerns. The department replied, and also provided to the committee a copy of correspondence between Minister Macklin and the Northern Territory Government, dated 22 May 2013, relating to the matter.

1.18      The department explained to the committee that it had originally 'proposed a method of handling the land description for land adjoining Jabiru township...as the information needed for inclusion of new land descriptions had not been provided by the Northern Territory government'.[12]

1.19      Since then, this information had become available. However, as the letter to the Northern Territory government explained, the list of lands provided by the Northern Territory government was not in a format suitable for inclusion in the bill as currently drafted. Accordingly, the letter to the Northern Territory foreshadowed a government amendment to the bill to take account of the Northern Territory's alternative proposal to describing the land in question.

1.20      The committee was advised that the department is currently drafting a government amendment to the bill that will take into account the Northern Territory's new descriptors of the land, but in a format suitable for inclusion in the bill. The department advised the committee that it has met with Northern Territory officials and 'that they are comfortable with the Commonwealth's intended approach'.[13]

1.21      Based on this information, the committee is satisfied that the technical matter is being properly addressed.

Recommendation 1

1.22      The committee recommends that, subject to the tabling of a government amendment reflecting the updated descriptors of the land in question, the bill be passed.

 

Senator Claire Moore
Chair

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