❓ The Minister for Aboriginal Affairs outlines the progress of native title claim settlements, highlighting the Yamatji nation agreement and challenges with the Noongar agreement, emphasizing government commitment to agreement-making over litigation.
AnsweredQoN 1130Legislative Assembly
QuestionView source ↗
YAMATJI NATIVE TITLE CLAIM — GERALDTON
1130. Dr A.D. BUTI to the Minister for Aboriginal Affairs:
Can the minister outline to the house
how the McGowan Labor government is progressing with its settlement of native
title claims in Western Australia and how the engagement with Aboriginal people
is playing a major role in the process?
1130. Dr A.D. BUTI to the Minister for Aboriginal Affairs:
Can the minister outline to the house
how the McGowan Labor government is progressing with its settlement of native
title claims in Western Australia and how the engagement with Aboriginal people
is playing a major role in the process?
AnswerView source ↗
I thank the member for Armadale for
that very good question. I think the last decade has seen an enormous shift in
the way that native title is dealt with by government, certainly in Western Australia.
Mr J.E. McGrath : You're
looking in the pink. You've got pink paper and a pink shirt on!
Mr S.K. L'Estrange :
He's all pink today!
The SPEAKER : I think this is
a very serious issue, members. If you want to talk about clothes, go outside.
Treasurer, I think you look tremendous.
Mr B.S. WYATT : Thank you, Mr
Speaker.
There has been a shift in agreement
making away from the litigation process for native title, and understandably
so. Those who remember the debate when the Native Title Act was moving its way
through federal Parliament in the early 1990s know that it was an incredibly
hostile environment for native title.
On Sunday, I had the pleasure of heading to Geraldton to
attend the Yamatji nation southern regional agreement expo. About a thousand Yamatji people turned out to consider what has
been a two-year development of an offer to the Yamatji people by the
state government. If accepted, this will be, without a doubt, the second most
significant native title agreement in Australia, following on from the Noongar
agreement, which is, unfortunately, still in the courts. I will make some
comments about that in a minute. It was an extraordinarily positive expo. I will
remind people who follow this. About four years ago, the Yamatji native title
process was bedevilled by disagreements between different groups. The
boundaries could not be agreed. Eventually, the Yamatji people decided they had to resolve those issues and come to
government. For the last two years, we have been negotiating this outcome. On Monday, the Yamatji people voted overwhelmingly for the settlement package.
Somewhat oddly, bearing in mind that a thousand people now have the detail of
it, the Federal Court will still not let me deal with the specifics of the
package, but I will make some general comments. The Indigenous land use
agreement with the Yamatji nation incorporates
approximately 48 000 square kilometres of land in the midwest region, including
Geraldton. It includes a comprehensive economic development package;
transfer of unallocated crown land, unmanaged reserves and Aboriginal Lands
Trust properties; establishment of a jointly managed conservation estate;
recognition; and a very robust governance
framework. I commend the 12 members of the traditional owner negotiating team
that negotiated this sophisticated package. We have learnt from the
negotiations with the Noongar people as well. It was in 2015 that the
Indigenous land use agreement was signed with the South West Aboriginal Land
and Sea Council. I suspect that everybody in this chamber is incredibly
disappointed that that is still in the court process due to what is, in my
view, a minority of the Noongar people who are determined, for whatever reason—it
has never been clearly explained to me—to try to knock over what is a very
significant benefits package for the Noongar people.
What frustrates me as well is when
usually non-Aboriginal people grab a small group of people and lodge the sorts
of claims that we have seen in the court recently. I think it was a compensation
demand of some $290 billion. It infuriates me because it provides a distraction
from the agreement that has been entered into with the South West Aboriginal
Land and Sea Council as per the Native Title Act. I note that the lawyer who
was running that process has a very bad reputation in Queensland for doing this
sort of thing in a range of different areas and has lost comprehensively on
most things he has done. In my view, that claim has no merit, but everybody has
the right to make claims in the court. It will not distract the government and
the South West Aboriginal Land and Sea Council from ensuring that we get this
deal done and get the benefits, which, as I said, were signed in 2015. I think
all members here want to see those benefits, which were negotiated
appropriately, flow to the Noongar people of Western Australia so this long
wait can actually result in economic development, jobs and better outcomes in
respect of the health and education statistics that we want to see.
that very good question. I think the last decade has seen an enormous shift in
the way that native title is dealt with by government, certainly in Western Australia.
Mr J.E. McGrath : You're
looking in the pink. You've got pink paper and a pink shirt on!
Mr S.K. L'Estrange :
He's all pink today!
The SPEAKER : I think this is
a very serious issue, members. If you want to talk about clothes, go outside.
Treasurer, I think you look tremendous.
Mr B.S. WYATT : Thank you, Mr
Speaker.
There has been a shift in agreement
making away from the litigation process for native title, and understandably
so. Those who remember the debate when the Native Title Act was moving its way
through federal Parliament in the early 1990s know that it was an incredibly
hostile environment for native title.
On Sunday, I had the pleasure of heading to Geraldton to
attend the Yamatji nation southern regional agreement expo. About a thousand Yamatji people turned out to consider what has
been a two-year development of an offer to the Yamatji people by the
state government. If accepted, this will be, without a doubt, the second most
significant native title agreement in Australia, following on from the Noongar
agreement, which is, unfortunately, still in the courts. I will make some
comments about that in a minute. It was an extraordinarily positive expo. I will
remind people who follow this. About four years ago, the Yamatji native title
process was bedevilled by disagreements between different groups. The
boundaries could not be agreed. Eventually, the Yamatji people decided they had to resolve those issues and come to
government. For the last two years, we have been negotiating this outcome. On Monday, the Yamatji people voted overwhelmingly for the settlement package.
Somewhat oddly, bearing in mind that a thousand people now have the detail of
it, the Federal Court will still not let me deal with the specifics of the
package, but I will make some general comments. The Indigenous land use
agreement with the Yamatji nation incorporates
approximately 48 000 square kilometres of land in the midwest region, including
Geraldton. It includes a comprehensive economic development package;
transfer of unallocated crown land, unmanaged reserves and Aboriginal Lands
Trust properties; establishment of a jointly managed conservation estate;
recognition; and a very robust governance
framework. I commend the 12 members of the traditional owner negotiating team
that negotiated this sophisticated package. We have learnt from the
negotiations with the Noongar people as well. It was in 2015 that the
Indigenous land use agreement was signed with the South West Aboriginal Land
and Sea Council. I suspect that everybody in this chamber is incredibly
disappointed that that is still in the court process due to what is, in my
view, a minority of the Noongar people who are determined, for whatever reason—it
has never been clearly explained to me—to try to knock over what is a very
significant benefits package for the Noongar people.
What frustrates me as well is when
usually non-Aboriginal people grab a small group of people and lodge the sorts
of claims that we have seen in the court recently. I think it was a compensation
demand of some $290 billion. It infuriates me because it provides a distraction
from the agreement that has been entered into with the South West Aboriginal
Land and Sea Council as per the Native Title Act. I note that the lawyer who
was running that process has a very bad reputation in Queensland for doing this
sort of thing in a range of different areas and has lost comprehensively on
most things he has done. In my view, that claim has no merit, but everybody has
the right to make claims in the court. It will not distract the government and
the South West Aboriginal Land and Sea Council from ensuring that we get this
deal done and get the benefits, which, as I said, were signed in 2015. I think
all members here want to see those benefits, which were negotiated
appropriately, flow to the Noongar people of Western Australia so this long
wait can actually result in economic development, jobs and better outcomes in
respect of the health and education statistics that we want to see.
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