❓ A parliamentary question addresses whether Aboriginal groups granted inalienable freehold title over conservation land will have veto rights over mining, similar to freehold landowners. The answer clarifies that veto rights won't apply as the land is largely unimproved.
AnsweredQoN 1311Legislative Council
QuestionView source ↗
I refer the Premier to the proposal to grant inalienable freehold title to Aboriginal groups over parts of the State’s conservation estate. (1) Will the veto rights for exploration or mining activities held by owners of freehold title land also apply to owners of inalienable freehold land? (2) If so, why? (3) If not, why not? Hon KIM CHANCE
AnswerView source ↗
I thank the member for some notice of this question. I almost gave the member the wrong answer to the question. The answers to both questions he will ask are somewhat similar. (1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
(1) Will the veto rights for exploration or mining activities held by owners of freehold title land also apply to owners of inalienable freehold land? (2) If so, why? (3) If not, why not? Hon KIM CHANCE replied : I thank the member for some notice of this question. I almost gave the member the wrong answer to the question. The answers to both questions he will ask are somewhat similar. (1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
(2) If so, why? (3) If not, why not? Hon KIM CHANCE replied : I thank the member for some notice of this question. I almost gave the member the wrong answer to the question. The answers to both questions he will ask are somewhat similar. (1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
(3) If not, why not? Hon KIM CHANCE replied : I thank the member for some notice of this question. I almost gave the member the wrong answer to the question. The answers to both questions he will ask are somewhat similar. (1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
Hon KIM CHANCE replied : I thank the member for some notice of this question. I almost gave the member the wrong answer to the question. The answers to both questions he will ask are somewhat similar. (1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
I thank the member for some notice of this question. I almost gave the member the wrong answer to the question. The answers to both questions he will ask are somewhat similar. (1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
(1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
(2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
(3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
(1) Will the veto rights for exploration or mining activities held by owners of freehold title land also apply to owners of inalienable freehold land? (2) If so, why? (3) If not, why not? Hon KIM CHANCE replied : I thank the member for some notice of this question. I almost gave the member the wrong answer to the question. The answers to both questions he will ask are somewhat similar. (1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
(2) If so, why? (3) If not, why not? Hon KIM CHANCE replied : I thank the member for some notice of this question. I almost gave the member the wrong answer to the question. The answers to both questions he will ask are somewhat similar. (1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
(3) If not, why not? Hon KIM CHANCE replied : I thank the member for some notice of this question. I almost gave the member the wrong answer to the question. The answers to both questions he will ask are somewhat similar. (1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
Hon KIM CHANCE replied : I thank the member for some notice of this question. I almost gave the member the wrong answer to the question. The answers to both questions he will ask are somewhat similar. (1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
I thank the member for some notice of this question. I almost gave the member the wrong answer to the question. The answers to both questions he will ask are somewhat similar. (1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
(1) No. (2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
(2) Not applicable. (3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
(3) The Government’s consultation paper on indigenous ownership and joint management of conservation lands in Western Australia states under footnote 15 on page 12 that third-party rights and interests to access areas under the provision of other Acts - for example, state agreement Acts, the Mining Act, the Rights in Water and Irrigation Act - may also apply. Under the Mining Act 1978, the veto rights of owners of freehold title land apply to improved freehold land, such as farmland. In the main, the conservation estate consists of unimproved land; therefore, a right of veto would not apply.
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