❓ Question regarding the implications of a native title decision on specific land parcels (Kings Park, Sunset Hospital) in Perth. The Deputy Premier clarifies the preliminary nature of the ruling and the need for further examination.
AnsweredQoN 695Legislative Assembly
QuestionView source ↗
NATIVE TITLE - PERTH METROPOLITAN AREA
I refer to a report in this week’s Claremont-Nedlands Post on the native title decision by Justice Wilcox in the Federal Court. The report was headed “Scaremongers should back off”, and one commentator said about this decision that the ruling would not necessarily stop government plans for places like Sunset hospital site or affect access to places like Kings Park. (1) As the determination allows claimants to access, control and live on legally available areas, was Kings Park or Sunset identified in submissions by any party as being affected by the native title claim? (2) What are the legally available lands that are subject to the determination of Justice Wilcox? Mr E.S. RIPPER
I refer to a report in this week’s Claremont-Nedlands Post on the native title decision by Justice Wilcox in the Federal Court. The report was headed “Scaremongers should back off”, and one commentator said about this decision that the ruling would not necessarily stop government plans for places like Sunset hospital site or affect access to places like Kings Park. (1) As the determination allows claimants to access, control and live on legally available areas, was Kings Park or Sunset identified in submissions by any party as being affected by the native title claim? (2) What are the legally available lands that are subject to the determination of Justice Wilcox? Mr E.S. RIPPER
AnswerView source ↗
(1)-(2) I think the question displays a fundamental misunderstanding of what has occurred in this court case. Ms S.E. Walker : I have read it Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
(1) As the determination allows claimants to access, control and live on legally available areas, was Kings Park or Sunset identified in submissions by any party as being affected by the native title claim? (2) What are the legally available lands that are subject to the determination of Justice Wilcox? Mr E.S. RIPPER replied: (1)-(2) I think the question displays a fundamental misunderstanding of what has occurred in this court case. Ms S.E. Walker : I have read it Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
(2) What are the legally available lands that are subject to the determination of Justice Wilcox? Mr E.S. RIPPER replied: (1)-(2) I think the question displays a fundamental misunderstanding of what has occurred in this court case. Ms S.E. Walker : I have read it Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Mr E.S. RIPPER replied: (1)-(2) I think the question displays a fundamental misunderstanding of what has occurred in this court case. Ms S.E. Walker : I have read it Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
(1)-(2) I think the question displays a fundamental misunderstanding of what has occurred in this court case. Ms S.E. Walker : I have read it Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Ms S.E. Walker : I have read it Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
(1) As the determination allows claimants to access, control and live on legally available areas, was Kings Park or Sunset identified in submissions by any party as being affected by the native title claim? (2) What are the legally available lands that are subject to the determination of Justice Wilcox? Mr E.S. RIPPER replied: (1)-(2) I think the question displays a fundamental misunderstanding of what has occurred in this court case. Ms S.E. Walker : I have read it Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
(2) What are the legally available lands that are subject to the determination of Justice Wilcox? Mr E.S. RIPPER replied: (1)-(2) I think the question displays a fundamental misunderstanding of what has occurred in this court case. Ms S.E. Walker : I have read it Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Mr E.S. RIPPER replied: (1)-(2) I think the question displays a fundamental misunderstanding of what has occurred in this court case. Ms S.E. Walker : I have read it Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
(1)-(2) I think the question displays a fundamental misunderstanding of what has occurred in this court case. Ms S.E. Walker : I have read it Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Ms S.E. Walker : I have read it Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Mr E.S. RIPPER : The member for Nedlands should listen. I am not trying to make a political or ideological point or to attack the opposition. The court case dealt with whether the Nyoongah claimants had demonstrated connection. The judge made a preliminary finding that the Nyoongah claimants have native title for purposes of Australian native title law in the Perth metropolitan area. Indeed, the judge made a finding that they have native title across the south west. The second part of the case, which unfortunately would have to be conducted in the absence of this judge because he is retiring, will be how his decision relates to the thousands of different parcels of land that might exist in the metropolitan area. It is not the case that a definitive judgment has been made about how his decision and the rights he has found relate to any particular parcel of land. That is one of the problems with the way the judge conducted the hearing of this case because the exact implications will not be available until we have had substantially more litigation. Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Ms S.E. Walker : Have you done a search of the titles to see what land is affected? The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
The SPEAKER : Member for Nedlands! Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Mr E.S. RIPPER : The next stage of the court case, should there not be an appeal, would involve the very examination of the individual parcels of land and the exact application of this somewhat ambiguous decision to those parcels of land. I cannot say with any degree of responsible certainty exactly how this decision relates to any particular piece of land in Perth until there has been further court decision making. I did say that potentially thousands of pieces of land would have to be examined. That does not mean that the decision would apply to thousands of pieces of land; that means potentially thousands have to be examined to see whether there is an impact. Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Ms S.E. Walker : So what is the native title over? Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
Mr E.S. RIPPER : I am not responsible for the decisions of Federal Court judge Murray Wilcox. It is up to the Federal Court system to make precisely clear how the judgment works in practice. It is not up to the government to run around and fill in the gaps that result from an interim Federal Court decision. We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
We support native title. We recognise the Nyoongahs as the traditional owners of the south west of Western Australia. We have a proud record of negotiating native title across the state. There has been more negotiation of native title in this state than in any other state and we will conduct our approach in the light of the proud record that we have.
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