I move:

That the Senate—

(a)

notes:

(i)

with concern, the statement of intent to compulsorily acquire land at James Price Point in the Kimberley by the Premier of Western Australia (Mr Barnett) to site a natural gas processing facility, and

(ii)

that compulsory acquisition of Aboriginal land directly contravenes the principle of prior informed consent as embodied in the United Nations Declaration on the Rights of Indigenous Peoples to which Australia has recently made a formal statement of support; and

(b)

calls on the Premier to abandon his plans to compulsorily acquire Aboriginal land at James Price Point.

• (b)calls on the Premier to abandon his plans to compulsorily acquire Aboriginal land at James Price Point.

Question put:

That the motion (Senator Siewert’s) be agreed to.

I seek leave to make a short statement in respect of motion No. 55.

Leave is granted for two minutes.

The Premier of Western Australia, in initiating action to compulsorily acquire land at James Price Point, is taking that action in accordance with the provisions of the Commonwealth Native Title Act. On that basis we do not support the motion as has clearly been exercised. For exercising a right granted by and being exercised strictly in accordance with the law of the Commonwealth, the appropriate course of action should be for an amendment or a private member’s bill to allow it to be properly considered by parliament if that was the wish of the Senate. The government opposes the motion but remains committed to discussions continuing between the Kimberley Land Council, Woodside and the WA government to negotiate an Indigenous land use agreement. The Minister for Resources and Energy has advised me that a negotiated outcome also remains the preferred option of all the parties. I thank the Senate.