Sandy Macdonald (NSW, National Party, Parliamentary Secretary to the Minister for Defence) Share this | Hansard source

In relation to opposition amendment (2), the government believes that having 55 per cent of Aboriginal people voting constitutes a substantial majority for the purpose of establishing a new land council. We do not believe that there is a need to change this to 60 per cent. In relation to opposition amendment (3), under the provisions of the Aboriginal Land Rights (Northern Territory) Act 1976, land councils are required to represent the traditional owners of Aboriginal land and other Aboriginal people residing on Aboriginal land in the Northern Territory. In the current bill there is no requirement for traditional owner consent for new land councils. Such a requirement would disadvantage residents on Aboriginal land and would be an additional requirement to the current legislation. The government cannot accept these amendments.

A land council is required to represent every Aboriginal on that land, not just the traditional owners. We do not support a proliferation of small land councils—that would be in no-one’s interest—but we do need workable provisions for new land councils. The current provisions are unworkable. The government has decided, on balance, that 55 per cent is an appropriate threshold. I remind the Senate that the government has added a viability assessment for any new land council in order to ensure workability.