❓ Hon Robin Chapple questions the Attorney General regarding the Federal Court's role in the Goolarabooloo-Jabirr Jabirr native title claim vote related to the Browse LNG project. The Attorney General clarifies the Federal Court's limited involvement.
AnsweredQoN 1009Legislative Council
QuestionView source ↗
BROWSE LNG
PROJECT — GOOLARABOOLOO–JABIRR JABIRR NATIVE TITLE CLAIM
1009. Hon ROBIN CHAPPLE to the Attorney General:
I refer to the statements made by the Premier on the ABC
television program Q&A on 5
November 2012 and the report in The
Australian on 19 November 2012 that —
The agreement reached by a vote of
traditional owners was in accordance with the Commonwealth Native Title process
under the supervision of the Federal Court.
(1) What role,
if any, did the Federal Court have in relation to the vote referred to, which
occurred in May 2011, or the meeting at which the vote was taken?
(2) Has the Federal Court endorsed or approved the vote that
occurred in May 2011?
PROJECT — GOOLARABOOLOO–JABIRR JABIRR NATIVE TITLE CLAIM
1009. Hon ROBIN CHAPPLE to the Attorney General:
I refer to the statements made by the Premier on the ABC
television program Q&A on 5
November 2012 and the report in The
Australian on 19 November 2012 that —
The agreement reached by a vote of
traditional owners was in accordance with the Commonwealth Native Title process
under the supervision of the Federal Court.
(1) What role,
if any, did the Federal Court have in relation to the vote referred to, which
occurred in May 2011, or the meeting at which the vote was taken?
(2) Has the Federal Court endorsed or approved the vote that
occurred in May 2011?
AnswerView source ↗
I thank the honourable member for some notice of the
question. The Department of the Premier and Cabinet advises —
(1) The meeting
involved decision making by members of the Goolarabooloo–Jabirr Jabirr
claim. As a native title determination application registered with the Federal
Court, the Goolarabooloo–Jabirr Jabirr claim is under the supervision
of the Federal Court. The Federal Court did not actively supervise the meeting,
but the Federal Court receives regular reports on the status of the claim, as
it does with all native title claims. The Federal Court would not take a role
in such a meeting, although the Federal Court has jurisdiction in relation to
any proceedings arising from those processes.
The Browse agreement was entered
into as a section 31 agreement in accordance with the future act provisions of
the commonwealth Native Title Act 1993, and it is subject to scrutiny by the
Federal Court if it is ever challenged.
(2) Logically,
the Federal Court does not approve or endorse a vote of this nature. The
current litigation will be heard by the Federal Court.
question. The Department of the Premier and Cabinet advises —
(1) The meeting
involved decision making by members of the Goolarabooloo–Jabirr Jabirr
claim. As a native title determination application registered with the Federal
Court, the Goolarabooloo–Jabirr Jabirr claim is under the supervision
of the Federal Court. The Federal Court did not actively supervise the meeting,
but the Federal Court receives regular reports on the status of the claim, as
it does with all native title claims. The Federal Court would not take a role
in such a meeting, although the Federal Court has jurisdiction in relation to
any proceedings arising from those processes.
The Browse agreement was entered
into as a section 31 agreement in accordance with the future act provisions of
the commonwealth Native Title Act 1993, and it is subject to scrutiny by the
Federal Court if it is ever challenged.
(2) Logically,
the Federal Court does not approve or endorse a vote of this nature. The
current litigation will be heard by the Federal Court.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.