❓ A WA parliamentary question addresses the decline in exploration expenditure, native title's impact on land access for mining companies, and government efforts to streamline exploration lease release and resolve related backlogs.
AnsweredQoN 482Legislative Assembly
QuestionView source ↗
482. Ms ANWYL to the Minister representing the Minister for Mines:
(1) What are the reasons for a decline in exploration expenditure in this State?
(2) What arrangements have been put in place to facilitate the release of exploration leases in this State?
(3) What efforts has the Minister you made to ensure that the current backlog (which will be unaffected by State Legislative changes) is cleared up?
(4) Has the Minister received approaches from mining companies or investors wanting to access land in this State who cite native title as a reason for not doing so?
(5) Will the Minister advise how many and when approaches have occurred?
(6) Has the Minister or the Ministers office made any efforts to speed up the passing of federal laws to introduce the proposed new State regime?
(7) What extra staff have been employed in relation to native title issues and specifically when and in what role each such FTE is employed?
(1) What are the reasons for a decline in exploration expenditure in this State?
(2) What arrangements have been put in place to facilitate the release of exploration leases in this State?
(3) What efforts has the Minister you made to ensure that the current backlog (which will be unaffected by State Legislative changes) is cleared up?
(4) Has the Minister received approaches from mining companies or investors wanting to access land in this State who cite native title as a reason for not doing so?
(5) Will the Minister advise how many and when approaches have occurred?
(6) Has the Minister or the Ministers office made any efforts to speed up the passing of federal laws to introduce the proposed new State regime?
(7) What extra staff have been employed in relation to native title issues and specifically when and in what role each such FTE is employed?
AnswerView source ↗
Answered
14 November 2000
Response time
96 days
The Minister Replied:
(1) One of the reasons for a decline in exploration activity has been the unworkable native title regime, which creates significant difficulties for companies wanting to gain access to land. It also creates disincentive for companies to expend funds on exploration in the absence of any certainties that they will be able to access land when they want to proceed to mining if an economically viable resource is found. Other reasons are the difficulties in accessing capital, particularly for junior companies, and the decline in commodity prices.
(2) The Native Title (State Provisions) Act, when implemented following the approval by the Commonwealth Attorney-General and subject to it not being disallowed by the Commonwealth Parliament, will replace the right to negotiate with procedures for consultation in regard to the grant of mining tenements, including exploration titles, over pastoral leases. As about 75% of mining tenements occur on pastoral leasehold land, these simpler processes should facilitate speedier granting of mining tenements.
The State Government has also submitted to the Commonwealth a proposal for exclusion of exploration and prospecting titles from the provisions of the Native Title Act (NTA) under Section 26A of the NTA. However, even if the proposal is allowed by the Senate after its approval by the Commonwealth Minister, its usefulness is very limited due to the constraints imposed by the NTA.
The State Government is also negotiating with some native title claimant groups such as Badimia to have the grants of exploration and prospecting titles excluded from the NTA processes subject to a streamlined heritage protection regime.
It is also intended that the granting of mining titles will be expedited through the Co-Operative Planning Agreement signed recently between the Government and Yamatji Land and Sea Council as a representative body under the NTA for the Murchison-Gascoyne and Pilbara regions.
In addition, the State Government is in the process of implementing its policy for granting mining titles without referral through the right to negotiate process under the NTA where, on the basis of the Full Federal Court decision in the Miriuwung-Gajerrong case, native title has been extinguished.
(3) The current backlog would be reduced if the proposed State legislation was approved by the Federal Opposition in the Senate because those mining tenement applications which have not been submitted to the Commonwealth NTA processes would be subject to the State regime.
As indicated in the answer to question 2, the State Government is also negotiating agreements with some Aboriginal bodies to facilitate granting of exploration and prospecting titles without referral through the cumbersome processes under the NTA. In addition, action is in hand to grant mining tenements on the basis of the extinguishment principles determined by the Full Federal Court in the Miriuwung-Gajerrong case.
(4) There have been many approaches to the State Government from mining companies in respect of native title preventing them from accessing land.
(5) No record of these approaches has been kept, however, companies have made regular approaches since the former Federal Labor Government?s Native Title legislation was enacted in January 1994.
(6) As the Member may be aware, the State laws for the new State NTA legislation were passed by the State Parliament late last year with the help of Independents and despite the strongest opposition by the Labor Party.
The Native Title (State Provisions) Act was submitted in early March to the Commonwealth Attorney General for determination that it complies with the NTA. A preliminary determination to that effect was recently made and the Attorney General is now consulting with Aboriginal representative bodies as required by the NTA. After a final determination is made by the Commonwealth Minister, the determination has to be tabled in the Commonwealth Parliament where it may be disallowed. The State Labor Party has already indicated that it will support the disallowance of the State law by its colleagues in the Senate.
I urge the Member, if she is seriously concerned about the current, unsatisfactory state of exploration in her region which is one of the most affected by the native title issues, to put some pressure on her State and Federal colleagues when the matter is before the Federal Parliament to ensure that the State legislation is not blocked by the Senate.
(7) In the 2000/01 budget specific funding was provided for the employment of six additional staff. To date two positions have been filled as follows:
Manager Aboriginal Affairs to manage the Aboriginal Affairs Section which is involved in native title negotiation and liaison with Aboriginal people.
Native Title Officer to provide administrative support to the Land Access Branch.
Action is underway to appoint the following:
Liaison Officer ) involved in or to
Case Manager ) support negotiation
Assistant Case Officer ) and mediation of
Assistant Case Officer (Cartographer) ) native title matters
In addition, following the Miriuwung-Gajerrong decision consideration is being given to appointing several cartographic officers to extract and capture historical tenement data from archived records to display areas where native title has been extinguished.
(1) One of the reasons for a decline in exploration activity has been the unworkable native title regime, which creates significant difficulties for companies wanting to gain access to land. It also creates disincentive for companies to expend funds on exploration in the absence of any certainties that they will be able to access land when they want to proceed to mining if an economically viable resource is found. Other reasons are the difficulties in accessing capital, particularly for junior companies, and the decline in commodity prices.
(2) The Native Title (State Provisions) Act, when implemented following the approval by the Commonwealth Attorney-General and subject to it not being disallowed by the Commonwealth Parliament, will replace the right to negotiate with procedures for consultation in regard to the grant of mining tenements, including exploration titles, over pastoral leases. As about 75% of mining tenements occur on pastoral leasehold land, these simpler processes should facilitate speedier granting of mining tenements.
The State Government has also submitted to the Commonwealth a proposal for exclusion of exploration and prospecting titles from the provisions of the Native Title Act (NTA) under Section 26A of the NTA. However, even if the proposal is allowed by the Senate after its approval by the Commonwealth Minister, its usefulness is very limited due to the constraints imposed by the NTA.
The State Government is also negotiating with some native title claimant groups such as Badimia to have the grants of exploration and prospecting titles excluded from the NTA processes subject to a streamlined heritage protection regime.
It is also intended that the granting of mining titles will be expedited through the Co-Operative Planning Agreement signed recently between the Government and Yamatji Land and Sea Council as a representative body under the NTA for the Murchison-Gascoyne and Pilbara regions.
In addition, the State Government is in the process of implementing its policy for granting mining titles without referral through the right to negotiate process under the NTA where, on the basis of the Full Federal Court decision in the Miriuwung-Gajerrong case, native title has been extinguished.
(3) The current backlog would be reduced if the proposed State legislation was approved by the Federal Opposition in the Senate because those mining tenement applications which have not been submitted to the Commonwealth NTA processes would be subject to the State regime.
As indicated in the answer to question 2, the State Government is also negotiating agreements with some Aboriginal bodies to facilitate granting of exploration and prospecting titles without referral through the cumbersome processes under the NTA. In addition, action is in hand to grant mining tenements on the basis of the extinguishment principles determined by the Full Federal Court in the Miriuwung-Gajerrong case.
(4) There have been many approaches to the State Government from mining companies in respect of native title preventing them from accessing land.
(5) No record of these approaches has been kept, however, companies have made regular approaches since the former Federal Labor Government?s Native Title legislation was enacted in January 1994.
(6) As the Member may be aware, the State laws for the new State NTA legislation were passed by the State Parliament late last year with the help of Independents and despite the strongest opposition by the Labor Party.
The Native Title (State Provisions) Act was submitted in early March to the Commonwealth Attorney General for determination that it complies with the NTA. A preliminary determination to that effect was recently made and the Attorney General is now consulting with Aboriginal representative bodies as required by the NTA. After a final determination is made by the Commonwealth Minister, the determination has to be tabled in the Commonwealth Parliament where it may be disallowed. The State Labor Party has already indicated that it will support the disallowance of the State law by its colleagues in the Senate.
I urge the Member, if she is seriously concerned about the current, unsatisfactory state of exploration in her region which is one of the most affected by the native title issues, to put some pressure on her State and Federal colleagues when the matter is before the Federal Parliament to ensure that the State legislation is not blocked by the Senate.
(7) In the 2000/01 budget specific funding was provided for the employment of six additional staff. To date two positions have been filled as follows:
Manager Aboriginal Affairs to manage the Aboriginal Affairs Section which is involved in native title negotiation and liaison with Aboriginal people.
Native Title Officer to provide administrative support to the Land Access Branch.
Action is underway to appoint the following:
Liaison Officer ) involved in or to
Case Manager ) support negotiation
Assistant Case Officer ) and mediation of
Assistant Case Officer (Cartographer) ) native title matters
In addition, following the Miriuwung-Gajerrong decision consideration is being given to appointing several cartographic officers to extract and capture historical tenement data from archived records to display areas where native title has been extinguished.
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