LL: WA Native Title Bill Comments WA Native Title bill comments

[Sussex Street Community Law Service]

Enclosed as an RTF file is the latest update on WA  Native Title
legislation
by Giz Watson MLC

All the best

Stephen Hall

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)}}\pard\plain \qc \f370\fs20\lang3081 {\b\fs28 Update on the Native
Titles Bills currently in the Parliament}{\b\fs24 
\par }{\b\fs32\ul 3rd December 1998}{\fs24 
\par }\pard {\fs24 
\par I am circulating this note in order to keep all interested parties
as up to date as possible on the progress of the Titles Validation Bill,
the Native Title (State Provisions) Bill and the Acts Amendment (Land
Administration, Mining and Petroleum) Bill an
d particularly for those who may wish to listen to any of the debate in
the Legislative Council. 
\par 
\par Please note the following:
\par 
\par As you are no doubt aware, the Legislative Council }{\b\fs24 is
able}{\fs24  }{\b\fs24 to defeat and/or amend any Bills brought before
it.}{\fs24 
 This is due to the combined numbers of ALP(12), Green(3) and
Democrat(2) members who outweigh Government members by one vote. To
achieve any defeat or amendment of Bills, all non-government members
must be united.
\par 
\par All three Bills have now been introduced to the Legislative Council
and  have been referred to the Select Committee on Native Title.
}{\b\fs24 All Bills}{\fs24  were referred directly to the Select
Committee without debate }{\b\fs24 
therefore there will be no debate in the Council on these Bills until
after the Select Committee has report on or after 10}{\b\fs24\up6
th}{\b\fs24  December.}{\fs24 
\par 
\par The  }{\b\fs24 Select Committee}{\fs24  }{\b\fs24 was established
on a motion by Greens member, Giz Watson, it was not an ALP initiative,
although they offered their very limited support for its
establishment}{\fs24 . 
\par 
\par The Committee has seven members. Those members are Giz Watson
(Greens), Tom Stephens (ALP and Chair), Mark Nevill (ALP), Barry House
(Lib), Murray Nixon (Lib), Greg Smith (Lib) and Helen Hodgeson
(Democrat). The Committee has a non-government majority. 

\par 
\par }{\b\fs24 As a result of the ALP\rquote s lack of support the
report back date for all Bills has been set for 10}{\b\fs24\up6
th}{\b\fs24  December}{\fs24 
. The Greens and Democrats voted against this early report back date. It
is still possible, again with ALP support, for the Committee itself to
seek an extension of our report back date, this extension would also
have to be supported by a simple majority 
in the Council as well. I will be seeking such an extension.
\par 
\par The Committee met last night to hear from John Clarke and Vera
Novak from the native Title and Strategic Division of the Dept of
Premier and Cabinet and from Jeff O\rquote Halloran and Kate Glancy from
the Crown Solicitors Office.
\par 
\par The Committee heard:
\par 
\par {\pntext\pard\plain\f370 1.\tab}}\pard\plain \s1\fi-360\li360{\*\pn
\pnlvlbody\pndec\pnstart1\pnindent360\pnhang{\pntxta .}}\f370\lang3081 
that a meeting called by the Native Title and Strategic Division of
Prem. and Cab. handed out copies of Crown Law advice on the impact of
the Miriwung-Gajjerong decision to representatives of industry including
mining and pastoral people. If there was eve
r need of a clearer indication of the Government directly assisting
industry this is it!
\par {\pntext\pard\plain\f370 2.\tab}an admission that the Titles
Validation Bill is racially discriminatory and involves blanket
extinguishment
\par {\pntext\pard\plain\f370 3.\tab}that there has been no
quantification of the compensation that the State and WA taxpayer will
be liable for nor will there be any prior to the passage of these Bills
\par {\pntext\pard\plain\f370 4.\tab}that there are currently no maps
available nor will be made available of the areas where Native Title
will be extinguished
\par \pard\plain \f370\fs20\lang3081 {\fs24 
\par The Committee will be taking evidence in a }{\b\fs24 public hearing
at the Legislative Council\rquote s Committee rooms 1110 Hay Street,
starting at 9am on Friday 4}{\b\fs24\up6 th}{\b\fs24  December}{\fs24 .
Members of the public are welcome to attend.

\par 
\par }\pard
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{\b\fs24 If you want to have the Bills defeated or changed, what you can
do is:
\par 
\par }{\fs24 keep up the lobbying efforts by fax phone, email and letter
to all Legislative Council members (please contact me if you would like
a list of members and their contacts)
\par 
\par circulate this note to any interested groups and individuals
\par 
\par attend the public hearing to emphasise that these Bills are of
interest and concern to the community
\par 
\par }\pard
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{\fs24 write letters to the editor and phone in on talk back radio,
programmes segments like \lquote just a minute\rquote  etc.
\par  
\par Planning is progressing to bring to the Parliament on }{\b\fs24
Thursday 10}{\b\fs24\up6 th}{\b\fs24  December}{\fs24 
 a huge canvas painting created by a group of Aboriginal traditional
owners from the desert to show their country and to provide the
opportunity for them to put directly to members their request for
recognition of their rights. This will be an excellent d
emonstration of the strength and eloquence of their claim and culture,
and is indicative of many similar claims.
\par 
\par }\pard
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{\b\fs28 Watch this space for regular updates! }{\fs24 
\par }\pard
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{\b\fs24 
\par }{\b\fs28 For more information please call Giz Watson on 9201 0582
/ 9222 7325 / 0414 837 753}{\fs24  }{\b\fs24 or web site}{\fs24 
}{\b\fs24 http://www.mp.wa.gov.au/giz-watson/}
\par }
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