Senate debates

Thursday, 28 October 2010

Native Title Amendment Bill (No. 1) 2010

In Committee

11:53 am

Photo of Rachel SiewertRachel Siewert (WA, Australian Greens) Share this | Hansard source

by leave—I move Greens amendments (1), (3) and (4) on sheet 6179 together:

(1)    Schedule 1, item 3, page 5 (line 23) to page 6 (line 9), omit subsections 24JAA(4) to (6), substitute:

Act is valid, subject to right to negotiate

        (4)    If this Subdivision applies to a future act, then, subject to Subdivision P (which deals with the right to negotiate), the act is valid.

(3)    Schedule 1, item 3, page 8 (lines 23 to 34), omit the definition of consultation period in section 24JAA.

(4)    Schedule 1, page 9 (after line 4), after item 3, insert:

3A  After paragraph 25(1)(aa)

Insert:

           (ab)    acts covered by section 24JAA (which deals with public housing);

These amendments seek to protect the rights of native title holders to negotiate. I have articulated the arguments about our concern around the undermining of native title rights. This legislation does, we believe, take away the rights of native title holders to negotiate and it undermines the concept of fully informed prior consent. I will not articulate the arguments again. I have been through them and I do not want to hold up the chamber.

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