"IT TOOK US 20 YEARS, BUT WE FINALLY GOT IT!" - Native Title recognised in Pine Creek - Northern Land Council
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April 2019 • www.nlc.org.au Land Rights News • Northern Edition 1
April 2019 Issue 1
“IT TOOK US 20 YEARS, BUT WE FINALLY GOT IT!”
Native Title
recognised in Pine
Creek
p5
Federal Election called for 18 May Marion Scrymgour first female
p18-19 CEO p3
2 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 3
A WORD FROM THE CHAIR Mick Dodson appointed Treaty Commissioner
F
irstly I would like to welcome Marion Scrymgour I was also privileged to attend the native title
as the new Chief Executive Officer (CEO) of the determination ceremony in Pine Creek this month
Northern Land Council, the first woman to hold where the Wagiman and Jawoyn Bolmo, Matjba and
such a position across all NT land councils. Wurrkbarbar groups were recognised as the native
Marion’s appointment followed a rigorous recruitment
title holders. It was an incredibly happy occasion to
“I’d like to give as many people as possible the The Treaty Commissioner will
opportunity to talk to me and my crew about the
process and we are thrilled to welcome on board
celebrate with friends and family. I would like to thank
NLC lawyers, in particular David Spicer-Harden, for
Terms of Reference and their reactions to the determine:
someone who brings such relevant skills. Marion is no discussion paper,” he said.
their commitment to securing this victory. • What a Northern Territory Treaty will seek to
stranger to firsts as she was the first Aboriginal woman
to be elected to the Legislative Assembly, representing In the last week a Federal Election has been called. “We’re hoping to develop a plan language achieve
Arafura from 2001 to 2012. While the goings-on in Canberra can often seem far version of the discussion paper and also get that • Whether there should be one or multiple
away, votes in the bush do make a real difference in translated into major Aboriginal languages that treaties
It is also great to see Professor Mick Dodson announced are spoken across the Territory, with the help of
deciding the future of our regions. The electoral roll • The best model for a Treaty in the Northern
as the Northern Territory’s first Treaty Commissioner. the Aboriginal Interpreter Service whose giving
is missing 42% of the Indigenous population and Territory
Mick has strong connections with the Territory and the us that sort of support in kind.”
36000 Territorians are not enrolled, so I encourage all
NLC and I cannot think of a person more suited to lead • What outcomes are possible under a Treaty
countrymen and women to make sure their details are “I’ll do as much as is within our power and
the process for a Treaty between the Northern Territory for Aboriginal people
up to date by calling 13 23 26 or visiting www.aec. resources to [find out] what the community
Government and the Territory’s Aboriginal people. • What the best process is for negotiating a
gov.au. desire. My view is that big town hall meetings
Some important milestones have been made in land Treaty
Speaking of elections, we also have the Northern Land won’t do the job because in those circumstances,
rights in the last few months. The Aboriginal Land • The potential contents of any Treaty in the
Council elections coming up in the second half of this too many voices go unheard.
Commissioner’s Report on the review of detriment Northern Territory.
year. We are committed to seeing more women and
into Aboriginal Land Claims was tabled in Parliament What’s essential is people come with a good
in February. The report provides advice on 16
young people elected to Council. Nominations will be
called from July so start thinking now about who you
heart and no locked in positions that will stifle the The Treaty Commissioner will be
longstanding Aboriginal land claims, from as early
responsible for:
process form the start,” he said.
would like to represent your community. The new term
as 1981, that have been recommended for grant but
will run from November 2019 to November 2022. Professor Dodson said Aboriginal Territorians
not yet granted. It was a welcome report for the land • Consultation with Aboriginal people on their
were not new to agreement-making and would
council, expressing faith in the NLC’s new permit And finally thank you to our council members, support for a Treaty
bring immense experience.
system which will satisfy recreational fishers wanting constituents and staff for their support and patience
to access waters on Aboriginal land. We are pleased during a period of immense change. We are a strong Professor Mick Dodson has been “Lets not forget we’ve been making agreements
• Consultation with Aboriginal representative
bodies and community groups
the new system is on track to be in place in the third council and will be stronger still as we move into this or treaties for decades in the Northern Territory,
quarter of 2019, as it will modernise the permit next phase under Marion’s leadership. announced as the Northern Territory’s be they for service delivery, be they for land rights, • Developing a suitable framework to further
application process and be an improvement for both
Samuel Bush-Blanasi first Treaty Commissioner, tasked access to Aboriginal land, be they for native title. Treaty negotiations with the Northern Territory
Government
Traditional Owners and visitors.
Chairman with leading the process for a Treaty “Aboriginal and Torres Strait Islanders across
• Recommend the best of Aboriginal
the country have been negotiating agreements
between the Northern Territory with governments at all levels for decades. We’re
representation
negotiations
in any future Treaty
Government and the Territory’s not new hands to the task, there is considerable
MARION SCRYMGOUR BECOMES FIRST
experience.” • Ensure non-Aboriginal Territorians are
Aboriginal people. The Territory Labor Government promised soon
informed of the process
The Territory Government has provided around
after the election in 2016 to advance a Treaty. On
$3 million for the Treaty Commissioner role and
A
part-time female Aboriginal Deputy 8 June 2018, the Northern Territory’s four Land
associated operation costs.
FEMALE CEO OF ANY NT LAND COUNCIL
Commissioner will also be appointed to Councils and the Northern Territory Government
assist the Commissioner. signed an historic Memorandum of Understanding Professor Dodson said while adequate resourcing
(the “Barunga Agreement”), paving the way for had been secured for the first 12 months, Professor
The Yawuru man from Broome has strong consultations to begin with Aboriginal people Dodson said a review will need to take place to
connections with the Territory, having been born about a Treaty. decide the needs for the following 2 years.
Ms Scrymgour is the former CEO of the “Hopefully we can go forward now and give in Katherine and growing up in the NT. He was a
Tiwi woman Marion Scrymgour has Tiwi Islands Regional Council and a former some stability; it’s in the interest of Aboriginal previous Director of the Northern Land Council. Significantly, the MoU was signed on the first “Obviously getting out bush so to speak is going
been announced as the new CEO of member of the Northern Territory Legislative Territorians that we do that.” The role of the Treaty Commissioner will be to lead
day of the Barunga Sport and Cultural Festival
– the 30th anniversary of the presentation of
to cost money and I want to touch as many places
in the Territory that we can within our resources
the Northern Land Council, the first Assembly. Chairman of the NLC Samuel Bush-Blanasi the advancement of a treaty, including consulting
with Aboriginal people and organisations across
the Barunga Statement to Prime Minister Bob and that may cost more than the present allocated
In 2000, she became the first Aboriginal said: “We welcome Marion’s return to the Hawke, who went on to promise a Treaty between resources.”
woman to hold the CEO position at woman to be elected to the Legislative land council after too many years away and
the Territory, and developing a framework for the Commonwealth and Australia’s Indigenous
Treaty negotiations. Professor Dodson himself “My view – and I’ve made it clear to the Chief
any Northern Territory land council. Assembly, representing the electorate of look forward to working closely with her will not be negotiating a treaty.
peoples, but has remained undelivered. Minister and the bureaucrats – that I think that for
Arafura from 2001 to 2012. during the years ahead.” The appointment of an independent Treaty that second process of consultation we will need
“I’m not writing a treaty or negotiating a treaty. Commissioner formed part of the terms of the a top up of resources.
Prior to her entrance into politics, she was Ms Scrymgour previously worked at the NLC That’s not the job of a treaty commissioner. My MoU. “The Territory’s a vast place, it’s 750,000 square
the CEO of the Wurli-Wurlinjang Aboriginal from 1985-1989. job is to report what people are saying, what they
Health Service and the first CEO of Katherine want,” he told Land Rights News. All four NT Land Councils and the Minister for kilometres. That’s about four or five times the size
CLC chair Francis Kelly said the appointment Aboriginal affairs supported Professor Dodson’s of Western Europe. It’s a lot of dirt.”
West Aboriginal Health Board. She co- of a woman to the Northern Land Council’s “I was born in the NT and lived and worked here
ordinated community care trials and health appointment. Mr Dodson congratulated the Northern Territory
top administrative position was a historic for over half my life so I feel well equipped for this
service provision throughout the Katherine achievement and a win for equality. role. I know it’s a tough challenge, however I am Northern Land Council interim CEO, Mr Jak Ah Government for initiating this very important
West region. looking forward to talking to Northern Territorians Kit said: “Professor Dodson is the most qualified Treaty process.
Federal Indigenous Affairs Minister Nigel and sharing their views on where we go to from person for this position because of his outstanding “Anyone who has listened to me talk publically
“I am realistic that there are big challenges Scullion congratulated Ms Scrymgour on her here.” contribution to the community to date.” knows that I am concerned with what I call “the
ahead but I look forward to working with the “significant” appointment.
Executive and the Full Council and getting Professor Dodson commenced on Monday 4 “He has proved himself to be an outstanding unfinished business”. A Treaty is a good place to
He said he had the “greatest confidence in March 2019 and under the Commissioner’s Terms citizen, assisting our country to progress in many start with addressing this unfinished business.
around the regions to meet council members,
staff and constituents,” said Ms Scrymgour. her capacity to serve”. of Reference will deliver an interim report and ways, particularly in bringing Indigenous and “We as a nation must come face to face with our
public Discussion Paper within 12 months. non-Indigenous people together. dark and traumatic history. We must confront the
“Knowing that I follow in the footsteps of “The NLC is one of the most important
That discussion paper will become the focus of “This is an important opportunity to reset the impact of colonisation and begin the process of
some giant men who have been in this organisations in the Territory and has a critical
the community consultations, with a final report relationship between the Territory’s First Nations acknowledgement, recognition and healing. The
position, I know I’ve got big shoes to fill, but role representing Aboriginal people in the
handed down 18 months later. Professor Dodson and the Government,” said Mr Ah Kit. NT has embarked on dealing with this task by this
I think I’m more than up to the challenge,” Top End and delivering better outcomes for courageous step of setting up this Commission.”
Indigenous communities,” Minister Scullion will travel across the Territory to hear the views of
she said. Aboriginal people during that period.
said.
4 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 5
Report into detriment review tabled in “IT TOOK US 20 YEARS, BUT WE FINALLY GOT IT!”
Parliament Native Title finally recognised in Pine Creek
Senior Wagiman Traditional Owner George Jabul Huddleston at the ceremony. Wagiman and Jawoyn native title holders with Justice White.
The Aboriginal Land on behalf of traditional owners, which would be significant except in a general way and which
allow activities to continue after the grants of the should not impede the significant majority of
Commissioner’s Report on the claimed areas. fishers.”
review of detriment into Aboriginal For recreational fishers, activities could continue In relation to pastoralists, the NLC has proposed
Land Claims recommended for thanks to a permit system administered by the a licence to allow pastoralists to carry out their
grant but not yet finalised was NLC. In the report, the Commissioner says the activities in the use of the claimed areas.
tabled in Parliament on Thursday, NLC’s proposed system is a satisfactory one, both Under section 11A of ALRA, agreements can be
in its ambit and in its procedures. made between the NLC and another party that only Wagiman woman Daphne Huddleston cuts the cake after the ceremony. Senior Wurrkbarbar woman Bessie Coleman (left) with friend.
21 February 2019.
While a permit system has been in place for many come into effect if and when the land is granted. finally got there. I learnt a lot from the senior women “I would like to pay respects to the old ones who have
The report provides advice on 16 longstanding years, NLC constituents and the public have been The view of the NLC is that the agreements The Wagiman and Jawoyn Bolmo, and men. They started it off. We finished it off.” passed and are not here to celebrate this achievement,
Aboriginal land claims, from as early as 1981, in the calling for improvements for some time. The NLC would be mutually beneficial and we welcome the
Northern Territory that have been recommended is currently developing a new and easy-to-use opportunity to work with pastoralists toward this
Matjba and Wurrkbarbar groups have For the claimants and their families, the resolution of
to getting the land back after 20 years,” said Wagiman
woman Elizabeth Sullivan.
for grant but not yet granted. They date from 14 to permit system that will better protect Aboriginal goal. been recognised as the native title their native title claim over Pine Creek is an important
milestone for three reasons. “I celebrate this success and significant milestone in
38 years ago (1981 to 2004). rights and interests and better serve the needs and
Ordinarily the Commissioner would not have a interests of visitors to Aboriginal land. The Commissioner has outlined that the proposal holders of the town of Pine Creek at Firstly, it recognises the traditional ownership of the
Wagiman history in knowing that Pine Creek and its
surrounds have been returned to the Wagiman people.”
function to perform in respect of claims already The new permit system will improve management
from the NLC appears to be a satisfactory one. a determination ceremony held on Town of Pine Creek by the Wagiman people and the
Jawoyn Matjba, Bolmo and Wurrkbarbar groups Ms Sullivan also paid tribute to NLC staff for their
recommended for grant. However in July 2017
the Minister for Aboriginal Affairs, Senator the
and regulate access to traditional lands; ensure The Commissioner’s recommendation is that such country, two decades after the first through their shared connection to the land. hard work in reaching this day.
visitors understand their obligations under the detriment claims should not stand in the way of
Hon Nigel Scullion, requested the advice of the law and are safe and informed while visiting the grants of the lands claimed. claim was lodged. Secondly, the determination recognises the native “I would like to thank the Honourable Justice White
Commissioner under s 50(1)(d) of the Aboriginal title claimants always had, and still have, a special for the return of our traditional lands under Native
Aboriginal land; protect and promote Aboriginal Senator Scullion said in a statement: “All parties relationship with, and traditional rights in, the land and Title, and the NLC Legal representatives for their
Land Rights (Northern Territory) Act 1976 More than 160 people gathered at Heritage Park on
rights, interests and culture, and promote mutual with an interest in the land claims reported on by 9 April 2019 as Justice White of the Federal Court waters of the claim area. perseverance and commitment for pursuing this Native
(ALRA) in relation to the status of detriment respect between Traditional Owners and visitors; the Commissioner will be given the opportunity to Title Claim on our behalf.
recognised mostly exclusive native title in and Thirdly, it provides the native title claimants with
issues associated with these claims. enable NLC and Traditional Owners to track trends comment on the report before the Minister makes around the town of Pine Creek, covering an area of an opportunity to have input into any future uses of Exclusive possession native title is the highest
Settlement negotiations will be assisted in visitor numbers, feedback and compliance any decision about whether to proceed with the approximately 12km2. It was the first time the Federal their country. It is also significant for the children and recognition capable under Australian property law,
significantly by the detriment review. hotspots; and be modern, intuitive, responsive and recommendations for grants of land under the Court has sat in Pine Creek. grandchildren of those persons who will carry this giving Wagiman and Jawoyn Bolmo, Matjba and
reliable. Aboriginal Land Rights (Northern Territory) Act It was a day of celebration for senior Wagiman Elder legacy into the future. Wurrkbarbar native title holders the same rights as
Twelve of the 16 claims relate to land which
The new system is expected to be in place later in 1976.” George Jabul Huddleston who, along with his brothers private land owners. Existing roads and private land
comprise beds and banks of rivers and/or the Mick Markham, Jawoyn elder, said the decision would
2019, ensuring a long lead time to add areas to the “It is critical that this many years into the process made some of the first claims to native title over Pine will not be affected by the determination.
intertidal zone. bring certainty for the future of the town. “Thank you
permit system as land is granted and instructions we do all we can to help settle outstanding Creek. to our elders who fought this for 20 years. They started As well as exclusive native title, the determination also
Major submissions on detriment concern the obtained. this. And it’s a special day of remembrance for them. recognises a right to “access and take resources for any
claims to provide certainty and opportunity to all “It’s a really important thing. We like to get it back this
interests of recreational and commercial fishers, country. I’m happy. For my mum and dad, my brothers This determination will free up a lot of the blocks here. purpose” – i.e. including commercial purposes and not
and of pastoralists – represented by the Amateur While the Commissioner concedes one ongoing Territorians. I also maintain my commitment to People from the communities can move in and buy a limited to personal or domestic purposes.
I’m happy,” he said. “Of my four brothers, I am the
Fishermen’s Association of the NT (AFANT), detriment will be the need to obtain a permit, work with all stakeholders to ensure that detriment only one left. I went four times for hearings to give block, and live in this town,” he said.
he says “This is a minor matter where it can be issues are resolved. This right was first recognised in the Northern Territory
the NT Seafood Council (NTSC) and the NT evidence. I am happy to get back the land.” For the native title claimants, the determination marked in the town of Borroloola in August 2016.
Cattlemen’s Association (NTCA). obtained, on-line, and there are a range of options “My commitment to the resolution of outstanding
Senior Wurrkbarbar woman Bessie Coleman said it the end of a long journey started by some of those who
to suit most fishing needs.” land claims has been supported by additional The native title determination in Pine Creek marks
The report notes that the concerns of recreational had been a long battle but justice had finally been won. were present and many more who have since passed.
the second time the Northern Territory has agreed to
fishers and pastoralists can be accommodated by The other ongoing detriment will be the fee payable investment in the Aboriginal Land Commissioner, A minute of silence was held to recognise those who
recognise this right by consent, following the town of
“It took us 20 years, but we finally got it,” she said. “All
adopting the proposals put forward by the NLC for the permit, after a generous moratorium Northern Territory Land Councils and other the years I grew up in this town we had no voice. We
have passed away since this process began.
Larrimah determination in October 2018.
period. “That too is a minor matter, not shown to stakeholders.”
6 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 7
A NEW APPROACH TO CLOSING THE GAP OUR PEOPLE WILL LEAD THE WAY
and which has direct input in respect of the design and matters.
Prime Minister Scott Morrison implementation of the Refresh consultation process”; On Thursday 14 February 2019, the Prime Minister tabled the 11th Closing the Gap report. Pat Turner AM*, CEO of the
The partnership between COAG and the Coalition of Peaks
tabled the 11th Closing the
and will involve the creation of a Ministerial Council, and will National Aboriginal Community Controlled Health Organisation, wrote the following opinion piece for NITV on 15 February
• The lack of genuine Indigenous engagement by COAG allow for a jointly-agreed refreshed framework and targets.
Before finalisation, targets will need to be agreed by both 2019.
Gap Report in Parliament on 14 in the Closing the Gap Refresh process. The NLC and
CLC submitted that the content of the consultations, as members of the partnership.
Our people have watched and waited long
February 2019. well as when, who and where consultations will take
place, is being unilaterally dictated by COAG without
This heralds a nationally significant commitment and new
approach to reviewing the National Indigenous Reform enough while successive Governments
agreement from any Indigenous representative bodies. Agreement on Closing the Gap. The National Partnership
Concern in respect of the lack of Indigenous engagement Agreement establishes the Joint Council which is made failed to deliver on the promise of
The Closing the Gap Strategy was introduced by former up of Premiers/First Ministers of State/Territory in COAG
Prime Minister Kevin Rudd in 2008 based on two documents and a lack of commitment to working in partnership was
including the Australian Local Government Association and
equal standards of health, education
signed by the Council of Australian Governments (COAG): felt widely amongst the Indigenous sector, led to a number
the Closing the Gap Statement of Intent, and the National of representatives from Indigenous organisations uniting in 12 representatives from the Coalition of Peaks (1 from each and employment. Now a coalition of
late 2018 to lobby governments for genuine engagement State and Territory Peaks – and 4 specialists from Health,
Indigenous Reform Agreement. The strategy, aimed at
and partnership in respect of the refresh of the Closing the Law and Justice, Education and Families and Economic community controlled, peak bodies are
achieving equality between Indigenous and non-Indigenous Development). Ms Pat Turner from the Coalition and Mr
Australia in terms of life expectancy and other important Gap Strategy.
Ian Anderson (Cth) are the Co-Chairs of the Joint Council.
determined to drive change on Closing
measures, sets out the following seven targets: The NLC has joined with other Aboriginal organisations
On 25 March 2019, the Prime Minister of Australia, the the Gap.
• Close the gap in life expectancy by 2031 nation-wide to successfully lobby the Prime Minister and
First Ministers of each State and Territory to agree to partner Hon Scott Morrison MP, signed the National Partnership
• 95% of all Indigenous four-year-olds enrolled in early with an alliance of Aboriginal organisations to co-design, Agreement and wrote to the Coalition of Peaks and State On the floor of Parliament yesterday, Prime
childhood education by 2025 monitor and evaluate a refreshed Closing the Gap Strategy. and Territory Governments. The Australian Capital Minister Scott Morrison spoke of a change
Territory was next to sign which gave affect to the National
• Halve the gap in child mortality by 2018 Led by Ms Pat Turner, CEO of National Aboriginal Partnership Agreement; and on behalf of the Coalition of happening in our country. There is a shared
Community Controlled Health Organisation (NACCHO), Peaks, Ms Pat Turner AO, the South Australian and Northern understanding that we have a shared future as
• Close the gap in school attendance by 2018
35 Aboriginal peak organisations and statutory bodies Territory Governments along with the Australian Local Indigenous and non-Indigenous Australians,
• Halve the gap in reading and numeracy by 2018 nation-wide have formed a Coalition of Peaks to lobby Government Association have also signed the Agreement. together. But our present is not shared.
the Prime Minister and First Ministers of each State and The other States have agreed to sign and are going through
• Halve the gap in Year 12 attainment by 2020 Territory to commit to genuine engagement and partnership Cabinet approval processes - with Victoria waiting to see the Our present reality and indeed our past, is marred
• Halve the gap in employment by 2018 with the Coalition of Peaks in forming the refreshed Closing outcome of the Commonwealth Election. The Aboriginal in difference and disparity. This striking disparity
the Gap strategy Peak Organisation NT representative on the Joint Council
Nationally, two targets, early childhood education and in quality of life outcomes is what began the
is John Paterson.
Year 12 attainment, are on track to be met. In the Northern historic journey of the Closing the Gap initiatives
Territory, just one is on track: National Partnership Agreement A Partnership Working Group reports to the Joint Council a decade ago.
Members of the coalition of peak bodies at Parliament House: Donnella Mills (Acting NACCHO Chair), Antoinette
Braybrook (National Convenor of National FMPLS), Patricia Turner (CEO NACCHO), John Paterson (CEO APO NT), Muriel
signals new approach and was established to drive implementation of the National
Bamblett (CEO VACCA) , Cheryl Axleby (CEO NATSILS).
Northern Territory Partnership Agreement on Closing the Gap, the decisions of But after ten years of good intentions, the outcomes
the Joint Council including resolution of issues referred to have been disappointing. The gaps have not been
On 12 December 2018, during a meeting between COAG it by the Joint Council. The Partnership Working Group is closing and so-called targets have not been met. We now need to ensure that the agreement We want to ensure our views are considered equal
Of the five jurisdictions with acceptable quality of and representatives of the Coalition of Peaks in Canberra,
Indigenous mortality data, the Northern Territory continued
made up of Commonwealth, State and Territory Government
The quality of life among our communities is blossoms into genuine action. We simply cannot and that we make decisions jointly.
the Prime Minister announced COAG’s commitment to and Coalition of Peak representatives who met for the first
to have the highest Indigenous child mortality rate (305 per partnering with the Coalition in order to jointly establish a simply not equal to that of our non-Indigenous let this opportunity to make a real difference to the We cannot continue to approach Closing the Gap
time face to face on 11 April 2019 in Adelaide. Trish Rigby lives of our people slip by. Government cannot be
100,000) over the period 2013–2017. framework, set targets and monitor the framework. Australian counterparts. in the same old ways. The top-down approach has
is the Northern Territory representative on the Partnership
In the Northern Territory the number of Indigenous children Working Group. allowed to drag the chain on this until it becomes reaped disappointing results as evidenced by the
Building on that December decision, the Prime Minister Although I outline troubling realities, I am ever another broken promise.
enrolled declined by 2 per cent, and the proportion of has formally announced a National Partnership Agreement lack of progress of previous strategies to reach
The Commonwealth Election announcement will not hopeful that change is near. I was heartened
Indigenous children enrolled also declined by around 2 on Closing the Gap between the Commonwealth State/
percentage points between 2016 and 2017.
affect the work done so far and all parties to the National
by the statement made by the Prime Minister We are doing the heavy lifting and have their targets.
Territory Governments and Coalition of Peaks to govern the Partnership Agreement are committed to finalising the
partnership between the Coalition and COAG. Partnership Working Group Terms of Reference, forward yesterday. For the first time, I heard a genuine drafted a formal partnership agreement for the We must not lose sight of the most crucial point
acknowledgement of why the Closing the Gap Commonwealth, state and territory governments
Close the Gap refresh The Partnership Agreement between COAG First Ministers
and the Coalition of Peaks sets out partnership principles,
work plan and it’s approach to review and refresh the 2008
National Indigenous Reform Agreement and forward work outcomes seem steeped in failure. I heard an to consider. We are determined to do all that we
of Closing the Gap, which is to improve the
everyday lives of our people. We must ensure our
the scope of the matters which are to be agreed between plan. acknowledgement that until Aboriginal and Torres can to fulfil COAG’s undertaking to agree on people are no longer burdened with higher rates
2018 marked ten years since the Closing the Gap Strategy the parties, as well as the framework for negotiating those Strait Islander people are brought to the table as formal partnership arrangements by the end of of child mortality, poorer literacy, numeracy and
was introduced, aimed at achieving equality in life equal partners, the gap will not be closed and February. employment outcomes, along with substantially
expectancy and other measures of well-being between
progress will not be made. This is a view that our The agreement sets out how we all work together lower life expectancies.
Indigenous and non-Indigenous Australians. The Strategy is
being currently being reviewed, or ‘refreshed’.
Target On track? Northern community has expressed for many years - a view and have shared and equal decision making on Yesterday on the floor of Parliament, the Prime
In the Northern Territory, only one target is on-track to be Australia-wide Territory I am encouraged has finally been heard. closing the gap. We are confident that a genuine Minister said that this will be a long journey of
achieved.
Close the gap in life expectancy by No No Historically, Aboriginal and Torres Strait partnership will help to accelerate positive many steps. And I say, we have been walking for
In 2018, Prime Minister and Cabinet (PM&C) consulted 2031 Islander community leaders have not been equal outcomes to close the gaps. centuries. We have journeyed far and we will keep
in respect of the refreshed Closing the Gap Strategy decision-makers in steering attempts to close The lack of progress under Closing the Gap is the walking forward and climbing up until we reach a
by obtaining the public’s feedback at ‘round table’ the unacceptable gaps between Aboriginal and lived reality of our people on the ground everyday. place where we are all on equal ground.
consultations held in capital cities, and obtained feedback
95% of all Indigenous four-year-olds enrolled Yes No
via submissions. The NLC was concerned at the lack of in early childhood education by 2025 Torres Strait Islander Australians and the broader They are being robbed of living their full potential. I also heard the Leader of the Opposition say that
genuine Indigenous engagement during this review process, community. Sadly, attending the funerals of people in our the burden of change needs to be carried by non-
and it was perceived that the consultations were run with no Halve the gap in child mortality by 2018 No No Our struggle as community-controlled community – including increasingly young people Indigenous Australians in acknowledging that
input from any Indigenous representative bodies, and that
organisations to sit at the table and have a voice taking their own lives – is all too common. racism still exists, that our justice system is deeply
the feedback obtained during consultation would have no
bearing on the process of refreshing the Closing the Gap – let alone for governments to actually listen to A coalition of Aboriginal and Torres Strait Islander flawed and that generational trauma cannot be
Strategy.
Close the gap in school attendance by 2018 No No us – has long been at the crux of the disappointing peak bodies from across the nation has formed to ignored.
On 30 April 2018, the NLC, together with the CLC, made a progress. be signatories to the partnership arrangements. We And yes, change must come from within our
submission to PM&C which criticised the lack of genuine Halve the gap in reading and numeracy by No No Last year, an accord on the first stage of the Closing are now almost 40* service delivery, policy and communities but change must also come from the
the Gap Refresh languished because discussions advocacy organisations, with community-control
engagement with Aboriginal and Torres Strait Islander 2018
people, and the need for a partnership between government whole of Australia. We must change together.
and Indigenous people to develop a refreshed Closing the were not undertaken with genuine input from at our heart. This is the first time our peak bodies The time has come for our voices to be heard and
Halve the gap in Year 12 attainment by 2020 Yes Yes
Gap Strategy. Amongst other matters, the Submission raised community members. We turned an important have come together in this way. for us to lead the way on Closing the Gap. We are
concern in respect of: corner in December when an historic agreement Our coalition brings a critical mass of independent ready for action.
• The lack of a governance structure, which should Halve the gap in employment by 2018 No No was reached to include a coalition of peak bodies Indigenous organisations with deep connections to
be established by COAG and which should include as equal partners in refreshing the Closing the Gap communities that will enhance the Closing the Gap * Pat Turner AM is the CEO of the National Aboriginal
“representation of national Indigenous peak bodies Community Controlled Health Organisation.
strategy. efforts. We are a serious partner for government.
8 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 9
TOP END WEDDING OPENS IN DARWIN FROM THE RED CARPET...
Top End Wedding had its NT premiere
in Palmerston on Thursday 11 April.
T
he heartwarming romantic comedy tells
the story of successful Sydney lawyer
Lauren (Miranda Tapsell) and her fiancé
Ned (Gwilym Lee). Engaged and in love, they
have just ten days to pull off their dream Top
End Wedding. First though, they need track
down Lauren's mother, who has gone AWOL
somewhere in the Northern Territory.
Miranda Tapsell is a proud Larrakia woman
from Darwin who grew up in Kakadu National
Park, and is famous for roles in films such as
The Sapphires and TV show Love Chid.
As well as starring in the film, Ms Tapsell
also co-wrote and co-produced Top End
Wedding.
She says the journey through the script
Stars of Top End Wedding: Lynette Johnson, Miranda Guests at the Palmerston Premiere of Top End Wedding.
process was one of empowerment, of taking Tapsell and Bernard Tipiloura.
charge of her destiny.
Miranda Tapsell in a scene from Top End Wedding
The crisis in remote housing is too important
“It just feels so empowering to be able
to make the stories that you want to see.
Because that’s what creatives are constantly “The important thing, particularly with and the Jawoyn in Katherine and the Larrakia
telling young artists like myself to do, to write Indigenous stories, is that it's really important here in Darwin supported it 100 per cent and
to be play politics with
the stuff that you want to see, especially if it’s to see that we're not a monolith. We're not they just knew that this film was going to
not coming your way,” she said. just one, this community is very multifaceted, celebrate them and so they were just behind
there's lots of intersections. So it's really it 100 per cent.”
“I’m extraordinarily proud of what I’ve done
and I can’t wait to do more. Our industry is important for that to be reflected, and it's In all places, there was important liaison
important that we get more indigenous By MICHAEL GUNNER*
quite a small one here in Australia, so I think with the local Aboriginal communities, the The Commonwealth has agreed to release the Territorians, particularly Aboriginal Territorians.
it's really important that you do get involved writers out there to tell their own individual producing team ensuring that permits and
stories.” money through a National Partnership Agreement Aboriginal people will be at the core of work
and you do keep it moving, keep it running. approvals were granted to film and that due signed on 30 March.
You don't keep it stagnant in one spot. respect was paid to the original owners of building the homes and reducing overcrowding
Because if you wait for stories to happen the lands and the current residents of the We are getting on with our remote housing through the NT Government’s Local Decision
they're not going to be the stories that you “I feel like a lot of Aboriginal communities. program because urgently fixing remote housing Making policy where a growing number of
is crucial to protecting our most vulnerable Aboriginal communities are being empowered to
want. So you can be the one that empowers women have their dreams and Producer Kate Croser worked with the communities and securing a safe and happy future control delivery of key services to their people.
that.”
desires policed and I think that Kakadu National Parks team and the Kakadu for all Territorians. The Territory’s four Aboriginal Land Councils
She said she thought it was particularly locals. “It was a period of about six months
important for young Aboriginal women to this film gives them permission before the film shot, making regular trips, The failure to ensure Aboriginal Territorians in will also participate in decisions of broad policy
remote communities have a place to safely raise a and strategy for remote housing and will have a
see themselves reflected in this movie. to dream however big they want probably once or twice a month going up to
family has been critical to social welfare, mental monitoring role in the program.
Kakadu, which from Adelaide took 24 hours
“I feel like a lot of Aboriginal women have and to know the relationships, to get there and back just for one meeting.
wellbeing and health outcomes. Already around 50 percent of the workers building
their dreams and desires policed and I
think that this film gives them permission to to know the career that they But it was really worth it because we really A remote housing crisis over previous decades and upgrading houses in our remote communities
managed to show people how serious we has caused social dysfunction, poorer health and are Aboriginal.
dream however big they want and to know want.” were about showcasing the beauty of their education and deteriorating law and order with We expect this to increase as our program ramps
the relationships, to know the career that
country and telling the story in a respectful serious long term repercussions across the whole up in the coming years.
they want and that’s the power of rom coms of the Territory.
way.”
[romantic comedies], you feel really, really Filming ranged across locations including And more kids will get a proper education because
great about yourself. You feel elated when Darwin, Kakadu National Park, Katherine, Director Wayne Blair said at the Palmerston Disadvantaged Territorians in Populations in these communities are increasing they will be coming from homes where they can
you come out of it so I really hope that all the Nitmiluk National Park and the Tiwi Islands. Premiere that while it was challenging for remote communities will get more and the gap in housing needs will only get worse get a good night’s sleep and arrive at school fed
Aboriginal girls who watch this feel great.” the production to shoot in remote locations over time unless drastic action is taken. and healthy.
Miranda Tapsell said being back in the and to move such vast distances, filming on
new and upgraded houses now that
The first table read of the script in Adelaide In two-and-a-half years the NT Government has *Michael Gunner is Chief Minister of the Northern Territory
Territory and warmly welcomed by Traditional traditional lands across the Northern Territory the Commonwealth has agreed to made remarkable progress building or upgrading
was when Tapsell truly felt the enormity of Owners was a wonderful experience.
what she had accomplished, getting the film
makes the film both unique and authentic. release funding. 1,350 houses with many more planned or
At the Palmerston premiere she told Land “It’s a small Australian film but we shot 30 underway.
into production. “Everyone that was around
Nine months ago the Federal Government
the table wanted to be there, all of them
Rights News: “It was incredibly special. So
many people were behind it. Everyone was
days in the Northern Territory and we started
promised $550 million to add to the Territory’s The Territory’s budget alone is insufficient to Stay up to date with NLC!
believed in this story. That was actually the in Adelaide. build the thousands of homes needed to improve
willing to lend a helping hand. That was $1.1 billion remote housing program.
first time that everyone heard it. Just to see “It was absolutely fantastic. The Territory is chronic overcrowding. We need the Australian www.facebook.com/northernlandcouncil
so great because it was such an ambitious But Canberra put unacceptable conditions on
everyone believe in this young Aboriginal such a key character to the film and so we did Government’s support. www.twitter.com/nlc
film to make but I knew that we needed so delivery of the money that would have short-
bride going home to meet her family for our homework. All the Traditional Owners
many people behind it and particularly the changed Territorians. The Commonwealth’s $550 contribution to our www.instagram.com/northernlandcouncil
the first time was really heart-warming and
Tiwi community but I’m also so grateful that were so welcoming. It feels so special to be remote housing program will allow us to make
special.” Now there is good news.
the Kaurna in Adelaide, the Mirarr in Kakadu here tonight.” real and sustainable differences to the lives of
10 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 11
Compensation awarded in Australian first
loss of ‘spiritual connection’ goes far beyond the concept
of ‘loss of enjoyment of life’ from personal injury law,
because, as the High Court recognised, Aboriginal spiritual
connection is ‘a defining element in a view of life and living’.
The court recognised that the loss of native title rights is
different from any European concept of a loss of land, as it
arises ‘under traditional laws and customs which owe their
origins and nature to a different belief system’.
The decision confirms that ‘the people, the ancestral
sprits, the land and everything on it are organic parts of
one indissoluble whole’. The Court adopted Mansfield J’s
description of the claim group’s spiritual connection to
country as ‘A single large painting – a single and coherent
pattern of belief in relation to a far wider area of land’. The
Ngarliwurru and Nungali peoples still possess native title
or land rights over most of their country beyond the town,
and, along with other peoples throughout the region, keep
their culture strong. However, the High Court recognised
that the extinguishment over blocks of land in Timber Creek
has ‘punched holes’ in that painting, damaging the integrity
of the cultural landscape.
Thanks to masterful explanations of country and culture
by many senior knowledge holders, particularly Mr A.
Griffiths and Mr J. Jones who sadly passed on before
this final outcome, the Griffiths decision recognises the
interconnectedness of everything on country, rejecting a
technical block-by-block interpretation. Recognising the
strength of the Ngarliwurru and Nungali peoples’ culture
reflects the strength of Indigenous cultures across Australia.
Timber Creek mob at the High Court on 5 September 2019. The court also confirmed that the loss of native title is
‘permanent and intergenerational’, and that the loss of
native title ‘had ongoing present day repercussions’.
Timber Creek by Mr A Griffiths, which was used as evidence in the case. Published courtesy of the Estate of Mr A Griffiths
and Waringarri Aboriginal Arts. Lorraine Jones, who has been an Applicant on the claim
since it began, paid respects to her father and the other old
people whose senior knowledge and leadership drove these
claims throughout the last twenty years. “I really deeply
By Cath McLeish* of the extinguishment. Previously, the trial judge, Mansfield wish that they were still around to see this outcome,”
J, awarded 80% of the freehold value, and the Full Federal Lorraine told the ABC. “I wish they were here with us today
Twenty years after the native title Court on appeal awarded 65%. The High Court held that to celebrate, the good news or the bad news.” Chris Griffiths,
the absence of rights to exclude others from the country or
holders of Timber Creek – five decide how the land may be used were important limitations
whose father gave his name to the case, said that although
the reduction in the economic valuation is disappointing,
estate groups of the Ngarliwurru on the native title and its economic value. The decision does recognition of their spiritual connection was “what our old
suggest, however, that exclusive native title elsewhere could
and Nungali peoples – filed their be valued equally to freehold.
people wanted”. “Our culture is still alive, our law is still in
the land, our blood is still running in the country, our tears
original native title claim, the High The second element is the interest on the economic loss, will fall on the land.”
Court of Australia has awarded them from the dates of the extinguishing acts to the date of the It is possible that other native title holders can achieve
court award. The claim was for ‘compound’ interest, that is,
compensation for the loss of native the higher interest rate that can be earned on investments, but
higher compensation amounts where they have exclusive
native title, or where the area of extinguishment is a larger
title rights over parts of the land within this was unsuccessful in all three courts, with the High Court portion of their country and cultural landscape, or perhaps
confirming that ‘simple’ interest applied. Due to the 25 to 39
the town area. years since each extinguishing act, the rate of interest is a
where the economic value or use of the land is greater than
that in the small town of Timber Creek. This area of law has
valuable component of the award, at $910,000. It is rare to a long way to develop, and will adapt to the range of unique
The High Court decision in Northern Territory v Griffiths receive compound interest in the courts generally, but there cultures and circumstances around Australia.
[2019] HCA 7 of 13 March 2019 comes eight years after could be other native title cases where it is achievable.
the compensation claim was made in the Federal Court, and For reasons of time, cost and fair process, focus is already
The third element is cultural loss – the effect on the claim turning to compensation negotiations, and to establishing
treads a path for other groups around Australia to follow.
group’s spiritual connection with the country. It is this a system that can support native title holders to access
The Native Title Act 1993 (Cth) provides a clear right aspect of the decision that captures the unique strength compensation without spending twenty years in the courts.
to compensation for ‘extinguishment’ of native title. of Ngarliwurru and Nungali culture, and guarantees that In the new era of treaty talk, Griffiths also contributes to
Extinguishment is the loss of native title rights due to Australian law recognises the pain and suffering caused by national considerations of non-discrimination, dispossession,
government acts acquiring country or granting it to extinguishing native title over parts of country. Although the and sovereignty. Traditional owners who cannot access post-
another party. Australians’ right to compensation ‘on just claim group and the NT and Commonwealth governments 1975 native title compensation will certainly lead discussions
terms’ for government acquisition of property has existed had agreed, early on, that the claim should include these on redress outside of the present native title system.
in the Australian Constitution since 1901. However, the three elements, it is a fact of litigation that each side raises
law currently only provides for compensation where the their strongest arguments against the other. To inform these developments, all around Australia,
extinguishment occurred after 1975, since the passage of the governments, native title holders and other land users such
In the High Court appeal, around forty native title holders as mining companies are studying the Griffiths decision.
Racial Discrimination Act 1975 (Cth) made it illegal to treat
listened in court as the governments’ lawyers argued that the What they will find is binding legal recognition of the real
any racial group less favourably than others.
extinguishment was not the direct cause of their sense of economic value of native title, as well as the unique cultural
Until the Griffiths decision, it was not clear how native cultural loss and pain, analysing each town block separately. value of country.
title holders could calculate the amount of compensation to The Northern Territory government argued that the cultural
which they are entitled. Now, the High Court has expressed loss should only be worth 10% of the economic value of The NLC congratulates all native title holders of Timber
some important principles, which other native title holder the parcels of land in the claim. However, in maintaining Creek, past, present and future for their achievement in
groups can interpret for their own unique circumstances. Justice Mansfield’s award of $1.3 million, the High Court paving a way forward for others to follow. They can be
looked at country more holistically, and awarded slightly proud that, together, they have won compensation on just
The first of the three elements of the Timber Creek claim terms for the current and future generations.
more for cultural loss ($1.23 million including interest) than
is economic loss. The High Court, disappointingly, ruled
for economic loss.
that the non-exclusive native title in Timber Creek is only
relative to 50% of the value of freehold (or privately owned) The High Court’s measure for compensation for cultural *Cath McLeish is a Senior Legal Advisor with the NLC
land. This approach provides an award of $320,250 for loss is a ‘social judgement… of what, in the Australian (Victoria River District) and has assisted in this case since
Timber Creek, measured according to land values at the time community, at this time… is appropriate, fair or just’. This 2017.
12 Land Rights News • Northern Edition April 2019 • www.nlc.org.au April 2019 • www.nlc.org.au Land Rights News • Northern Edition 13
Implementation of reforms to improve
site. it is considered to be the most prospective area
• Petroleum companies will be required to for onshore petroleum development in the NT.
comply with section 41(6) of the Aboriginal Strategic Regional Environmental A framework is under development to guide the
Land Rights (Northern Territory) Act 1976 Baseline Assessments implementation of studies related to SREBAs.
regulation of the onshore petroleum
when supplying information to Native Title
Holders for the purposes of negotiating an The NLC is assisting Government to develop
onshore petroleum exploration agreement. The Inquiry recommended that prior to any further the policy framework and guidance material for
onshore petroleum production approvals being the social, cultural and economic aspects of the
• Petroleum companies will be expected to use
industry in the NT interpreters to ensure information is available granted, gaps in scientific knowledge about the SREBA, including with regard to how impact
in a familiar form. current state of the environment (including the assessments are conducted. As work related to the
natural, social, cultural and economic aspects development of the SREBA and processes around
• The government has committed to working
together with Land Councils to develop of environment) be addressed through Strategic impact assessments continues to progress, further
information programs and to undertake a Regional Environmental Baseline Assessments information about this will be communicated via
Strategic Regional Social Impact Assessment (SREBAs). The work being implemented under the NT Government’s hydraulic fracturing website
(SIA) prior to any production approvals. the auspices of NTRRAC will form part of the (www.hydraulicfracturing.nt.gov.au) and featured
of years, broadly these reforms are separated into The NTRRAC is currently overseeing two projects SREBA. in future editions of the Land Rights News.
On 17 April 2018, the NT Government those being implemented immediately to enable related to the Strategic Regional Environmental
• Aboriginal communities and traditional
Aboriginal owners will be involved in The Inquiry’s Final Report recommended that any
accepted all 135 recommendations exploration activities to proceed in 2019 and those Baseline Assessment (SREBA) component of the the design and development of cultural areas of the NT proposed for gas development
being deferred which are principally aimed at fracking reforms. These projects are: assessment and implementation planning –
of the Final Report from the Scientific facilitating the production of additional onshore this includes consultation in relation to both must have a SREBA study in place prior to
• Baseline measurement and monitoring of the Native Title Act 1993 and the Aboriginal production approvals being granted. The current
Inquiry into Hydraulic Fracturing gas reserves in the NT. The Plan states that its methane emissions in the Beetaloo sub-basin; Land Rights (Northern Territory) Act 1976 as focus area for a SREBA is the Beetaloo sub-basin
aim is to strengthen regulation, ensure industry is
(fracking) in the Northern Territory (the accountable for its practices, safeguard water and
and detailed in the Inquiry’s Final Report. located in the Daly Waters region of the NT, as
Inquiry) and lifted the moratorium on the environment, respect community and culture, • Baseline assessment of groundwater
maximise the benefits and opportunities available characteristics in the Beetaloo sub-basin.
hydraulic fracturing in the NT. to local businesses and communities, and ensure
planning for future development.
The Inquiry determined that, provided all The NLC has persuaded the NTRRAC to adopt
recommendations in the Final Report are adopted There are six areas of reform outlined in the the practice of engaging local Aboriginal people
and implemented in full, the environmental, social, Implementation Plan: with knowledge of country to participate in the
health, cultural and economic risks associated with 1. Strengthening Regulation program in their capacity as Cultural Monitors to
the fracking of onshore shale reservoirs could be history of compliance with the Petroleum in both the Government and the petroleum
reduced to an acceptable level.
2. Ensuring Accountable Industry Practice
3. Safeguarding Water and the Environment
ensure that sacred sites are protected and researches
don’t inadvertently enter into these sites or other Petroleum Legislation Act and any other relevant legislation both
domestically and overseas.
industry and a lack of confidence in the
current regulatory framework to adequately
The NLC provided a number of submissions to culturally sensitive areas when conducting
the Inquiry (these and other submissions are 4. Respecting Community and Culture
5. Maximising Regional Benefits and Local
research fieldwork. People working as cultural
monitors are paid for their time via the NLC. This
Amendment Bill 2018 That failure to disclose a matter upon manage the multitude of risks associated
with the development of an onshore shale
publicly available via the Inquiry’s website: request relevant to the determination of
www.frackinginquiry.nt.gov.au/submission- Opportunities program is considered mutually beneficial as it On 29 November 2018, the Northern whether an applicant is a fit and proper gas industry in the Northern Territory.
library). Through its submissions the NLC 6. Planning for Industry facilitates the direct engagement and participation person will result in civil and/or criminal Regulatory reform is critical to restoring trust
highlighted the need for significant reform related of Aboriginal people in the reform program and Territory Government introduced sanctions under the Petroleum Act. That and faith in industry and Government and
to the regulation, accountability and oversight provides a strong safeguard to protect sacred sites the Petroleum Legislation the Minister’s reasons for determining protecting humans and the environment.
of the onshore petroleum sector in the NT. The The Plan can be viewed and downloaded via the and other culturally sensitive areas. whether or not the applicant is a fit and
NLC further advocated for the need to ensure following website: www.hydraulicfracturing. Having Cultural Monitors accompany researchers
Amendment Bill 2018 to Parliament proper person be published online.
It is important to get it right. In this respect,
while we are largely supportive of the
Aboriginal people are appropriately consulted nt.gov.au/implementation-plan on country is also a way for these projects to as part of its plan to implement proposed amendments to the Petroleum Act
with and afforded every opportunity to effectively acknowledge the importance of traditional Recommendation 14.18
participate in implementation of the proposed Aboriginal knowledge and to show respect to
all 135 recommendations of the and Petroleum Regulations, we are troubled
by the piecemeal approach being undertaken
reforms and in the planning and economic Onshore Shale Gas Community and the traditional owners and custodians of sacred Independent Scientific Inquiry into That prior to the grant of any further
in relation to regulatory reform.
development of the onshore petroleum industry. sites located over the research areas and to gain exploration approvals, the Government
Business Reference Group a better understanding of the landscape from the
Hydraulic Fracturing. develops and implements enforceable The Bill only partially implements three of
The NT Government is currently in the process
of implementing the reforms recommended by perspective of Aboriginal people. Undertaking codes of practice with minimum prescriptive the Recommendations and the Explanatory
The NLC is a member of the Onshore Shale fieldwork in a participatory manner also enables
The Northern Land Council (NLC) and standards and requirements in relation to Statement does not provide any reason as
the Inquiry. NLC welcomes the NT Government’s Gas Community and Business Reference Group Central Land Council (CLC) provided a joint
commitment to reform regulation of the onshore Aboriginal people to gain knowledge about the all exploration and production activities, to why a staged approach to the reforms
(Reference Group), which provides direct scientific investigations being undertaken and why submission to the Economic Policy Scrutiny including but not limited to, land clearing, is preferred. It does also not explain why
petroleum sector. The NLC is actively engaging feedback and advice to the Hydraulic Fracturing Committee in response to the Petroleum
in the reform program through commenting on it is important to understand the current ‘baseline’ seismic surveys, well construction, drilling, amendments to the Petroleum Regulations
Inquiry Implementation Taskforce that sits within conditions of the environment in these areas prior Legislation Amendment Bill 2018. hydraulic fracturing and decommissioning that came into force at 19 December 2018
proposed amendments to relevant legislation, the Department of the Chief Minister.
direct engagement with government, industry and to possible petroleum production activities being The Bill introduces proposed amendments and abandonment. were not the subject of this Bill. There is a risk
by participating in the Community & Business The purpose of the Reference Group is to provide: authorised to proceed. to the Petroleum Act and Petroleum that substantive reform won’t be achieved
Regulation, which we have identified will Recommendation 14.23 and the Government’s ability to deliver
Reference Group, the Northern Territory Regional • Advice to the Northern Territory Government
Research Advisory Committee and various on the implementation plan and its subsequent partially implement Recommendations 14.12 the Implementation Plan in full may be
That prior to the grant of any further
workshops and other forums. Implementation of execution to ensure that the plan aligns with
community and industry expectations;
Ensuring Respectful Consultation, and 14.23 of the Final Report.
exploration approvals, the Petroleum Act
compromised if legislative amendments and
the government’s reform program is still in its other critical reforms continue to be made on
early stages and much more work is required to • A forum to share information and provide Information and Negotiation The amendments also pave the way for the and Petroleum Environment Regulations an ad hoc basis.
opportunities for cooperation, and be amended to allow open standing to
ensure all of the Inquiry’s recommendations are implementation of Recommendation 14.18 Our comments on the Bill largely relate to
implemented in full. collaboration with key stakeholders and the In line with several recommendations submitted of the Final Report. challenge administrative decisions made
community; and by the NLC, the government has recently under these enactments. the provisions providing for an appropriate
person test. While the proposed changes
Implementation Plan • A medium through which key stakeholders communicated the following initiatives in relation Those recommendations are: will put the Northern Territory ahead of many
can communicate their views about the to consultation and engagement of Aboriginal
implementation framework and its subsequent people in the context of onshore petroleum Recommendation 14.12 The NLC and CLC continue to welcome other jurisdictions, further amendments are
In response to the recommendations presented in
execution directly to the Government. exploration and development in the NT. the reform process being undertaken by required to ensure that Recommendation
the Final Report of the Inquiry the NT Government 14.12 is fully implemented.
• Petroleum companies will have to obtain an That the Minister must not grant any the Government to implement the suite of
has released an ‘Implementation Plan’ (the Plan).
Authority Certificate from the Aboriginal further exploration permits unless satisfied Recommendations presented in the Final The full submission can be read at www.nlc.
The Plan describes the process by which the
Government proposes to implement all of the Northern Territory Regional Research Areas Protection Authority (AAPA) before that the applicant (including any related Report of the Inquiry. The NLC and CLC org.au
they undertake specific activities on-country. entity) is a fit and proper person, taking are pleased to be part of this process and
Inquiry’s recommendations. According to the Plan Advisory Committee (NTRRAC) • The Government will adopt processes to into account, among other things, the comment on the Bill. One of the key issues
these reforms will be implemented over a number
protect the sub-surface features of a sacred applicant’s environmental history and identified in the Final Report was a lack of trust
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