❓ A parliamentary question regarding the employment of Yaburarra and Mardudhenera people as heritage consultants despite a native title determination against them. The Minister clarifies the distinction between native title and traditional association under heritage legislation.
AnsweredQoN 1092Legislative Council
QuestionView source ↗
(1) Is the minister aware of findings in the matter of Daniel v State of Western Australia 2003 FCA 666 by Nicholson J and published in the draft determination on 3 July 2003 in which Nicholson J states that the second applicants - being Yaburarra and Mardudhenera - do not hold any native title rights and interest in the determination area? (2) If this is the case, why are they being paid from the public purse as heritage consultants prior to developments in an area over which Nicholson J determined they had no claim? Hon TOM STEPHENS
AnswerView source ↗
(1)-(2) Consultations under the Aboriginal Heritage Act 1972 are separate and distinct from matters concerning the federal Native Title Act 1993. A finding that a group does not hold native title in no way suggests that that group does not have traditional associations with that area. It means that that group was unable to meet the onerous legal requirements necessary to establish native title. Indigenous people employed as consultants for heritage surveys are those with a known or claimed association with the development area.
(2) If this is the case, why are they being paid from the public purse as heritage consultants prior to developments in an area over which Nicholson J determined they had no claim? Hon TOM STEPHENS replied: (1)-(2) Consultations under the Aboriginal Heritage Act 1972 are separate and distinct from matters concerning the federal Native Title Act 1993. A finding that a group does not hold native title in no way suggests that that group does not have traditional associations with that area. It means that that group was unable to meet the onerous legal requirements necessary to establish native title. Indigenous people employed as consultants for heritage surveys are those with a known or claimed association with the development area.
Hon TOM STEPHENS replied: (1)-(2) Consultations under the Aboriginal Heritage Act 1972 are separate and distinct from matters concerning the federal Native Title Act 1993. A finding that a group does not hold native title in no way suggests that that group does not have traditional associations with that area. It means that that group was unable to meet the onerous legal requirements necessary to establish native title. Indigenous people employed as consultants for heritage surveys are those with a known or claimed association with the development area.
(1)-(2) Consultations under the Aboriginal Heritage Act 1972 are separate and distinct from matters concerning the federal Native Title Act 1993. A finding that a group does not hold native title in no way suggests that that group does not have traditional associations with that area. It means that that group was unable to meet the onerous legal requirements necessary to establish native title. Indigenous people employed as consultants for heritage surveys are those with a known or claimed association with the development area.
(2) If this is the case, why are they being paid from the public purse as heritage consultants prior to developments in an area over which Nicholson J determined they had no claim? Hon TOM STEPHENS replied: (1)-(2) Consultations under the Aboriginal Heritage Act 1972 are separate and distinct from matters concerning the federal Native Title Act 1993. A finding that a group does not hold native title in no way suggests that that group does not have traditional associations with that area. It means that that group was unable to meet the onerous legal requirements necessary to establish native title. Indigenous people employed as consultants for heritage surveys are those with a known or claimed association with the development area.
Hon TOM STEPHENS replied: (1)-(2) Consultations under the Aboriginal Heritage Act 1972 are separate and distinct from matters concerning the federal Native Title Act 1993. A finding that a group does not hold native title in no way suggests that that group does not have traditional associations with that area. It means that that group was unable to meet the onerous legal requirements necessary to establish native title. Indigenous people employed as consultants for heritage surveys are those with a known or claimed association with the development area.
(1)-(2) Consultations under the Aboriginal Heritage Act 1972 are separate and distinct from matters concerning the federal Native Title Act 1993. A finding that a group does not hold native title in no way suggests that that group does not have traditional associations with that area. It means that that group was unable to meet the onerous legal requirements necessary to establish native title. Indigenous people employed as consultants for heritage surveys are those with a known or claimed association with the development area.
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