❓ A WA parliamentary question probes the Burrup Native Title Agreement, focusing on the legal basis for compensation without proven native title, the status of land transfer, the Aboriginal Interpretative Centre, and financial aspects of the agreement.
AnsweredQoN 2377Legislative Council
QuestionView source ↗
I refer the Deputy Premier to the Burrup Native Title Agreement, and ask -
(1) Since the
Commonwealth Native Title Act
requires proof of native title claims in order for compensation to be paid upon extinguishment or impairment of the rights enjoyed under the native title, by what law does the Government derive its authority to make an agreement to pay native title compensation without a need for the claim to be proven?
(2) Has the Minister sought Crown Solicitor’s advice on the validity of the Burrup Native Title Agreement in the absence of native title being proven?
(3) If not, why not?
(4) Has the Government granted freehold title over the Burrup to the claimants as per the agreement?
(5) If not, when does it expect to do so?
(6) What has been achieved thus far in meeting the plan for an Aboriginal Interpretative Centre at the Burrup?
(7) How much money has the Government spent on the Centre thus far and what is the total cost estimate?
(8) What is the estimated cost of building a road to the Centre, who will pay for it and will the road funding come from the Burrup Agreement funding?
(9) How much money has the Government paid out to any claimant or representative body according to the Burrup Agreement, and who were the recipients?
(10) Has there been any indication from the claimants that they will exercise their option to seek $10 million cash as an alternative to freehold land?
(11) Is the Government still willing to meet such a demand despite no native title being proven?
(1) Since the
Commonwealth Native Title Act
requires proof of native title claims in order for compensation to be paid upon extinguishment or impairment of the rights enjoyed under the native title, by what law does the Government derive its authority to make an agreement to pay native title compensation without a need for the claim to be proven?
(2) Has the Minister sought Crown Solicitor’s advice on the validity of the Burrup Native Title Agreement in the absence of native title being proven?
(3) If not, why not?
(4) Has the Government granted freehold title over the Burrup to the claimants as per the agreement?
(5) If not, when does it expect to do so?
(6) What has been achieved thus far in meeting the plan for an Aboriginal Interpretative Centre at the Burrup?
(7) How much money has the Government spent on the Centre thus far and what is the total cost estimate?
(8) What is the estimated cost of building a road to the Centre, who will pay for it and will the road funding come from the Burrup Agreement funding?
(9) How much money has the Government paid out to any claimant or representative body according to the Burrup Agreement, and who were the recipients?
(10) Has there been any indication from the claimants that they will exercise their option to seek $10 million cash as an alternative to freehold land?
(11) Is the Government still willing to meet such a demand despite no native title being proven?
AnswerView source ↗
Answered
19 October 2004
Responded by
Minister for Local Government and Regional Development representing the Deputy Premier
Response time
53 days
2. Yes. 3. Not applicable. 4. No. 5. The Burrup Agreement provides that an area of land on the Burrup Peninsula is to be transferred in freehold with a number of covenants attached to it. These covenants require that the land be placed into an Approved Body Corporate and immediately leased back to the State for 99 years (at a peppercorn rent) with an option to renew the lease for a further 99 years. The land will be jointly managed by the State and Aboriginal groups as a conservation reserve. The granting of the title is tied into a final determination of native title, inclusive of appeals. The Government is not able to say when the Federal Court will hand down the final determination. 6. The Aboriginal Interpretative Centre is a key aspect of the management plan that is currently in draft form. 7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
3. Not applicable. 4. No. 5. The Burrup Agreement provides that an area of land on the Burrup Peninsula is to be transferred in freehold with a number of covenants attached to it. These covenants require that the land be placed into an Approved Body Corporate and immediately leased back to the State for 99 years (at a peppercorn rent) with an option to renew the lease for a further 99 years. The land will be jointly managed by the State and Aboriginal groups as a conservation reserve. The granting of the title is tied into a final determination of native title, inclusive of appeals. The Government is not able to say when the Federal Court will hand down the final determination. 6. The Aboriginal Interpretative Centre is a key aspect of the management plan that is currently in draft form. 7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
4. No. 5. The Burrup Agreement provides that an area of land on the Burrup Peninsula is to be transferred in freehold with a number of covenants attached to it. These covenants require that the land be placed into an Approved Body Corporate and immediately leased back to the State for 99 years (at a peppercorn rent) with an option to renew the lease for a further 99 years. The land will be jointly managed by the State and Aboriginal groups as a conservation reserve. The granting of the title is tied into a final determination of native title, inclusive of appeals. The Government is not able to say when the Federal Court will hand down the final determination. 6. The Aboriginal Interpretative Centre is a key aspect of the management plan that is currently in draft form. 7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
5. The Burrup Agreement provides that an area of land on the Burrup Peninsula is to be transferred in freehold with a number of covenants attached to it. These covenants require that the land be placed into an Approved Body Corporate and immediately leased back to the State for 99 years (at a peppercorn rent) with an option to renew the lease for a further 99 years. The land will be jointly managed by the State and Aboriginal groups as a conservation reserve. The granting of the title is tied into a final determination of native title, inclusive of appeals. The Government is not able to say when the Federal Court will hand down the final determination. 6. The Aboriginal Interpretative Centre is a key aspect of the management plan that is currently in draft form. 7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
The granting of the title is tied into a final determination of native title, inclusive of appeals. The Government is not able to say when the Federal Court will hand down the final determination. 6. The Aboriginal Interpretative Centre is a key aspect of the management plan that is currently in draft form. 7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
6. The Aboriginal Interpretative Centre is a key aspect of the management plan that is currently in draft form. 7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
11. If a request is made, the Government will comply with the Burrup Agreement.
3. Not applicable. 4. No. 5. The Burrup Agreement provides that an area of land on the Burrup Peninsula is to be transferred in freehold with a number of covenants attached to it. These covenants require that the land be placed into an Approved Body Corporate and immediately leased back to the State for 99 years (at a peppercorn rent) with an option to renew the lease for a further 99 years. The land will be jointly managed by the State and Aboriginal groups as a conservation reserve. The granting of the title is tied into a final determination of native title, inclusive of appeals. The Government is not able to say when the Federal Court will hand down the final determination. 6. The Aboriginal Interpretative Centre is a key aspect of the management plan that is currently in draft form. 7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
4. No. 5. The Burrup Agreement provides that an area of land on the Burrup Peninsula is to be transferred in freehold with a number of covenants attached to it. These covenants require that the land be placed into an Approved Body Corporate and immediately leased back to the State for 99 years (at a peppercorn rent) with an option to renew the lease for a further 99 years. The land will be jointly managed by the State and Aboriginal groups as a conservation reserve. The granting of the title is tied into a final determination of native title, inclusive of appeals. The Government is not able to say when the Federal Court will hand down the final determination. 6. The Aboriginal Interpretative Centre is a key aspect of the management plan that is currently in draft form. 7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
5. The Burrup Agreement provides that an area of land on the Burrup Peninsula is to be transferred in freehold with a number of covenants attached to it. These covenants require that the land be placed into an Approved Body Corporate and immediately leased back to the State for 99 years (at a peppercorn rent) with an option to renew the lease for a further 99 years. The land will be jointly managed by the State and Aboriginal groups as a conservation reserve. The granting of the title is tied into a final determination of native title, inclusive of appeals. The Government is not able to say when the Federal Court will hand down the final determination. 6. The Aboriginal Interpretative Centre is a key aspect of the management plan that is currently in draft form. 7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
The granting of the title is tied into a final determination of native title, inclusive of appeals. The Government is not able to say when the Federal Court will hand down the final determination. 6. The Aboriginal Interpretative Centre is a key aspect of the management plan that is currently in draft form. 7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
6. The Aboriginal Interpretative Centre is a key aspect of the management plan that is currently in draft form. 7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
7. No money has been spent. Work will not begin on devising cost estimates until the management plan is finalised. 8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
8. Please refer this question to the Department of Industry and Resources. 9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
9. No representative body is entitled to funding under the Burrup Agreement. Monetary benefits for claimants under the Burrup Agreement will be paid to the Approved Body Corporate. The Approved Body Corporate is currently being established. 10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
10. No. 11. If a request is made, the Government will comply with the Burrup Agreement.
11. If a request is made, the Government will comply with the Burrup Agreement.
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